Support Policy

1. Introduction

1. This Support Policy is part of the Documentation as defined in the Ultimo Master Agreement (‘Agreement’) and describes the available Support for Ultimo SaaS. In case of any inconsistencies or conflicts between this Support Policy and the Agreement, the Agreement prevails.

2. This Support Policy contains all relevant information regarding:

• Clause 2: Ultimo Support General;

• Clause 3: Ultimo Support Specifics, and;

• Clause 4: Miscellaneous Conditions.

2. Ultimo Support General

1. Contact Persons of Customer as identified in the Agreement can contact the Ultimo Support helpdesk for technical support Services regarding SaaS. The Ultimo Support helpdesk operates globally through its support centre, the contact details of which are specified in Exhibit C of the Agreement.

2. Ultimo will provide Support as generally made available by Ultimo from time to time to its Customers, under the following conditions:

• Customer has a current Order Form under the Agreement with Ultimo, and;

• Customer is current on the relevant Fees set forth therein.

3. The levels of Ultimo Support depend on the particular package arrangement (Essential, Professional, Premium or Enterprise, as the case may be) as ordered in the respective Order Form under the Agreement.

4. The Ultimo support centre service windows are during Business Days between 08.30 until 17.00 CET and specific for continental America-based customers 08.00 until 16.00 CST. With 24/7 Support, customers can report a priority 1 case via the online customer portal outside these hours, after which a Support employee will contact the Customer.

5. The Ultimo Support helpdesk employs skilled and experienced professionals. To communicate effectively and to avoid time lost due to language barriers and translations, the commonly spoken language is English. Dutch, French and German language Support may be possible, subject to availability.

6. All written communication with the Ultimo Support helpdesk is in English. If Support cases are submitted or updated in any other language than English, Ultimo does not warrant for any response time if and to the extent set forth in this Support Policy.

7. Support requires Customers to have:

• Contact Persons of Customer as identified in the Agreement;

• Internal expertise such as an IT department and application specialists to help diagnose and solve possible issues with interfaces, operating systems, applications, network configuration and setup, identity and access management, and so on;

• License and support agreements with any and all relevant third parties for underlying browsers, applications, databases, servers and (other) networking products, where applicable;

• Consistent system monitoring and execution of required resulting actions;

• Established remote web access capability for Ultimo Support representatives to use as needed to identity the relevant Errors from Customer’s view and related diagnostics, and;

• Taken into consideration and account the Miscellaneous Conditions, set forth in paragraph 4, below.

8. For ongoing efforts and timely assistance, Customer have to fulfill the following requirements:

• A case has been submitted in the online case handling and registration system;

• All required and requested information is available or will be made available upon request;

• Close and ongoing cooperation with the respective Named User(s), if any;

• Confirmation is provided in a timely manner when a case is solved.

If any of these requirements are not met, adequate assistance cannot be provided.

9. Priority Levels

In order to indicate the priority of a support case, Ultimo assigns four different priority levels. During the creation of a support case, the priority level must be set according to the definitions below:

• Priority 1 (Critical): vital functionality is unavailable, permanent data loss, business critical operations fail consistently, affected functionality cannot be delayed, critical impact on business operations;

• Priority 2 (High): vital functionality is available but other important functions are affected/unavailable, serious but non-critical effect on business operations;

• Priority 3 (Moderate): important functionality is impaired, business operations can continue (moderate impact on business);

• Priority 4 (Minor): non-critical business functions are affected, small group of Named Users affected, no serious impact on business operations.

Ultimo reserves the right to reprioritize a support case to make it consistent with these definitions.

10. The table below outlines the target of initial response times in hours within Business Days for Ultimo Support.

11. A support case is considered closed in any of the following situations in which Ultimo and the Customer agree that:

• The problem is resolved;

• An acceptable, confirmed support has been provided;

• The problem is unsupported, or;

• The case is the responsibility of a third-party.

12. Functional changes or reconfiguration is not part of any Support hereunder. Changing interfaces because of changes on third party are performed on a consultancy basis, if and to the extent agreed upon in a separate Other Services Order Form.

3. Ultimo Support Specifics

1. Ultimo will make commercially reasonable efforts to provide SaaS with a 99,7% uptime per year. Downtime or performance degradation due to scheduled and announced maintenance by Ultimo, or due to force majeure are not a part of the Support uptime or other metrics.

2. In case of a Priority 1 which includes a certain site Error, Ultimo will take commercially reasonable efforts to a maximum RPO of one (1) hour and RTO four (4) hours. In case of the unlikely event of total site Error Ultimo will take commercially reasonable efforts to a maximum RPO of twenty-four (24) hour and RTO five (5) Business Days.

RTO means Recovery Time Objective, being is the length of time allowed between an Error and the resumption of normal operations and service levels. RPO means Recovery Point Objective, being the amount of data loss measured in time. It is the age of the files or data in backup storage required to resume normal operations after an Error occurs.

The backup retention scheme is point in time over the last seven days, weekly over the previous four weeks and monthly for the previous three months.

3. Regarding Essentials, Professional, Premium and Enterprise SaaS, the related SaaS runs on the then current Rolling Release including technical and functional changes, bugfixes and other as automatically made available and deployed by Ultimo from time to time (hereinafter collectively: ‘Rolling Release’).

4. A Rolling Release may contain functionality, technology changes that requires implementation that are subject to an applicable Other Services Order Form. These new functionalities are made available via Feature Toggles, giving the customer a period of minimum 6 months to implement.

5. Support of an environment means that Ultimo will make commercially reasonably efforts to support and correct issues in the environment. Some support cases will not be able to be resolved by Ultimo due to problems or incompatibilities in third-party applications, APIs or underlying platforms. If such problems or incompatibilities are identified, Ultimo will advise that Customer contact the third-party suppliers for support and Customer is responsible for the unsupportable environment and requiring modification before support will be resumed.

6. The following update scheme is applicable for SaaS: 

A.    Extra update costs due to issues or incompatibilities in third-party applications, API’s or underlying platforms for Professional, Premium and Enterprise are subject to an applicable Other Services Order Form.

B.    It is Customer’s responsibility to provide a test environment to facilitate testing in case of third-party applications or APIs.

C.    Regarding Premium or Enterprise SaaS, a maximum amount of configuration is included in the SaaS Fee (100 configuration points). The number of used configuration points is calculated as follows: (number of configured screens 0.25) + number of configured reports + number of configured workflows + number of configured mobile files + (number of custom database columns 0.1). Configured can be either a new or changed artefact and customer has insight in the number of used configuration points. Additional configuration points can be ordered in packs of 100 each.

D.    Regarding SaaS test-, development- and acceptance environments Ultimo will take commercially reasonable efforts to a maximum RPO of twenty-four (24) hour and a RTO five (5) Business Days. The performance of test-, development- and acceptance environments may differ from the operational environment.

E.    It is not allowed to use SaaS test-, development- or acceptance environments for production purposes.

F.    Regarding Premium or Enterprise SaaS, one test environment per Customer is included. Extra test, develop, acceptance environments are subject to an applicable Other Services Order Form. Test environments will be automatically deleted if they are not used for a period of four months.

G.    Regarding Premium or Enterprise SaaS, support calls reported after activating a Feature Toggle due to inappropriate testing will be charged separately.

H. Regular Rolling Release (RR) updates are automized between 20:00 and 04:00 of your environment time. Maintenance that may result in downtime will be announced at least 2 weeks before the activities. During the activities, the progress can be followed on: https://status.ultimo.com

4. Miscellaneous Conditions

1. On-site Services is not within scope of the Support hereunder, but may be conducted when explicitly requested by Customer, in case such requests will be considered to be additionally payable Other Services as set forth in the Agreement.

2. Some operating systems, applications, interfaces, browsers and other platforms and products are very sensitive to their environment and running an unsupported version may cause incompatibilities. Ultimo does not support any third-party SaaS or Software, and will in relevant case refer Customer to the appropriate third-party SaaS or Software vendor. However, any such support, whether provided or not, is the responsibility, and for the risk and account of Customer.

3. Ultimo has no obligation to provide Support under one or more of the following circumstances:

• Customers for whom the design or implementation of the SaaS has not been done by Ultimo, or certified reseller, or implementation partner, unless Ultimo has conducted a site check and declared the system suitable for support;

• The Customer does not have all valid third-party licenses concerning use of third party SaaS and data related to the SaaS;

• There is no current Order Form under the Agreement;

• There are outstanding (amounts regarding) invoices of Ultimo under the relevant Order Form under the Agreement;

• The Customer contact person has not followed an official training by Ultimo;

• Support cases that are (i) excluded from the Ultimo SaaS, (ii) not covered by the SaaS to which the Customer has subscribed as per the respective Order Form under the Agreement, (iii) related to the use of (third party) software-as-as-service or software that is not supported according to the relevant Ultimo Documentation, (iv) related to the use of APIs of Customer or third parties, (v) activities and/or acts that have arisen by, or related in any way to negligent or injudicious use and/or similar acting by Customer or third parties, or (vi) related to the failure of other critical system components. These include, but are not limited to, power failures, viruses, and other external factors.

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