As part of the hosting ChemAxon SaaS, ChemAxon shall meet or exceed the following Service Levels:
- Availability. Availability is calculated as actual uptime in days when ChemAxon SaaS are available, divided by scheduled uptime in days and expressed as a percentage. Scheduled uptime is calculated as calendar days excluding days dedicated for scheduled maintenance and support.
- Scheduled Maintenance. Regularly scheduled maintenance including upgrades, updates, patches, enhancements and new releases of ChemAxon SaaS will be excluded when calculating Availability and will be conducted from 8:00 am-10:00 am Central European Time (CET = GMT+1) Wednesdays, except as otherwise notified by ChemAxon.
- Support Services. ChemAxon will respond to defects, errors, deficiency or outages (“Problem”) in accordance with the levels of severity, each as reasonably determined by ChemAxon, and Support Package agreed between Subscriber and ChemAxon as described hereinafter.
- Subscriber Responsibilities. Subscriber is advised to utilize its own permanent help desk for the purpose of acting as sole liaison between Subscriber and ChemAxon. Subscriber shall report any Problem and provide ChemAxon with the necessary data required to reproduce such Problem, or to discover the cause or a cure for the reported Problem.
- Additional information. If the description of the Problem is insufficient, ChemAxon may need to gather more information from Subscriber to conduct additional testing. In these cases, ChemAxon may ask Subscriber to (i) list the exact steps that cause the Problem, (ii) collect and send additional information, such as log files or message headers. Subscriber may also route the Problem to individual specialists for further investigation. Resolution times vary, depending on the complexity of the Problem and the availability of information described above. ChemAxon shall provide its Support Services as described herein provided that Subscriber ensures full cooperation with ChemAxon on both technical and personnel level and shares all information that ChemAxon deems necessary to resolve the Problem.
- Exclusions. In no event will ChemAxon be responsible for Problems occurred for any of the following reasons: (i) Subscriber’s breach of this EUSA, (ii) causes resulting from, if applicable, Subscriber’s, Hosting Party’s or any third party’s acts, errors or omissions or any systems, hardware or software not provided by, or identified by ChemAxon or ChemAxon’s service provider as being compatible with ChemAxon SaaS (including Subscriber telecommunications carrier or internet service provider). In addition, the Service Level commitments and response times are not applicable to Subscriber’s use of ChemAxon SaaS in a non-production or test (demo / trial / evaluation) environment, or beta or pilot use of the same by early adopters.
- Communication channels. Subscriber shall report issues throughout dedicated support channels, currently via email (synergy-support [at] chemaxon [dot] com) and direct chat options.
- ChemAxon Support Hours. As ChemAxon is a Hungarian corporation, it shall provide its Support Services within working hours in Hungary between 9 a.m. and 5 p.m. Monday to Friday, Central European Time excluding the national, bank and bridge holidays related to Hungary as listed at http://www.officeholidays.com/ ("ChemAxon Support Hours").
- Acknowledgement of Support Request. Upon receipt of a support request by Subscribers to any of the above channels ChemAxon will prioritize such request according to the Severity Levels identified below and ChemAxon employ commercially reasonable efforts wherever possible to issue acknowledgement for the 90% of the queries within ChemAxon Support Hours by the end of the next business day after ticket is logged.
Determining Severity Levels. After acknowledgement is issued, ChemAxon will prioritize such request according to the Severity Levels identified in the table below and defines support case priorities:
Description and impact of the Problem
Critical Impact (Severity 1)
A Problem that causes ChemAxon SaaS to crash or critical functions thereof be unavailable for use and which has no acceptable work-around available that is easy to implement (< 4 hours). Subscriber’s business is at risk (significant FTE cost, potential data integrity issue, etc.).
High Impact (Severity 2)
A Problem that affects multiple users of ChemAxon SaaS and prevents effective use of a feature or features of ChemAxon SaaS, but which does not cause ChemAxon SaaS to be unavailable for use in whole. Important functions of ChemAxon SaaS are unavailable, impaired or degraded. Subscriber’s business is significantly impacted (danger of significant FTE cost, productivity decrease, etc.). A work-around to mitigate critical business impact is available and easy to implement.
Low Impact (Severity 3)
All other Problems that (i) affects productivity or the use and leads erroneous behaviour of ChemAxon SaaS and (ii) does not materially affect Subscriber’s ability to use ChemAxon SaaS (e.g. user inconveniences). Non-critical functions of ChemAxon SaaS are behaving abnormally, or Subscriber has a time-sensitive development question (this may be included in Additional support services).
- Possible solutions. Subject to Severity Levels, CHEMAXON will use best endeavors to offer Subscriber a solution. Depending on the Problem, the following solutions are possible without limitation:
- CHEMAXON answers Subscriber’s question.
- CHEMAXON fixes the Problem or provides a work-around, which may be a tentative, short-term and/or temporary solution for the Problem.
- CHEMAXON resolves the Problem, which considered as a longer-term or the permanent resolution for the Problem.
- CHEMAXON confirms the Problem reported as a missing feature. Subscriber may submit it as a customized feature pursuant to Section 7of this Annex 1.
- CHEMAXON determines that the Problem reported is not supported.
- CHEMAXON may not reproduce the Problem, but provide recommendations for further investigation.
- CHEMAXON asks a third-party product team to help, and put Subscriber in contact with them for further assistance.
- CHEMAXON may not Resolve the Problem reported.
- Resolution. Given the nature of enterprise software solutions, it is not possible to guarantee that Problems can be resolved within a given timescale. In some cases, it can take time to examine all possible causes of the issue and identify possible resolution paths. ChemAxon shall work closely with Subscriber to get the Problem fixed as quickly as technically possible – this might involve a short-term work-around whilst ChemAxon works on troubleshooting, analysis and a longer-term resolution. In the case of complex bug fixes, ChemAxon and Subscriber will agree a reasonable timescale for correction of the Problem.
- Support Case Handling. All cases are tracked in a centralized system.