• IBSPL in this agreement refers to INTELLIBUDDIES^® SOFTWARE (INDIA) PRIVATE LIMITED
• CUSTOMER means any company (which includes its representatives or employees) or individual who procures the licenses of Software from IBSPL after payment of the licensing fees.
• Software means software products developed and released by IBSPL and licensed to the CUSTOMER against payment of licensing fees, as identified on the Purchase orders / Reseller Orders accepted by IBSPL
• Incident refers to software not working as defined in the Software documentation
• Service Request refers to any Request from CUSTOMER, which does not meet the criteria for an incident but is limited to information or suggestions on Software usage and licensing.
• Ticket means the formal Email sent to IBSPL for the Incident or Service Request.
• Personal Data may include, but is not limited to name, email id, mobile number, Tax Identification Number and Bank Account Details, etc., which is regulated by General Data Protection Regulation, 2018 (“GDPR”), Health Insurance Portability and Accountability Act, 1996 (“HIPPA”) and applicable privacy laws.

Priority Levels:

• Priority-1 (Show Stopper): Incident involving production data loss, critical functionality breakage, impacting entire organization.
• Priority-2 (High): Incident involving reduction in capacity and performance of production software which in turn is impacting productivity of subset of organization entities
• Priority-3 (Medium): Incident involving non-critical functionality and impacting only subset of organization entities
• Priority-4 (Low): Incident involving non-critical functionality and mostly cosmetic in nature

Scope

Services covered by this policy are: 24/7x365 support through Email, Customer Helpdesk Portal and Phone.

Standard Support Plan:

• 24/7 Email Incidents to support@intellibuddies.com and Phone call.
• Support will be provided in English Language.
• The following will be the SLA, Response Time for the Tickets of different Priority:
  • Priority-1: 24 Hours
  • Priority-2: 48 Hours
  • Priority-3: 72 Hours
  • Priority-4: 72 Hours

Premium Support Plan:

• 24/7 Email Incidents to support@intellibuddies.com or create an Incident in Customer Helpdesk Portal or Phone call.
• Support will be provided in English Language.
• Accelerated service
• Assistance with installs and upgrades
• The following will be the SLA, Response Time for the Tickets of different Priority:
  • Priority-1: 12 Hours
  • Priority-2: 24 Hours
  • Priority-3: 36 Hours
  • Priority-4: 36 Hours

• CUSTOMER agrees and understands that IBSPL is not desirous to receive Personal Data nor does it require Personal Data for the performance of its obligations under this Policy. Accordingly, CUSTOMER must not transmit Personal Data to IBSPL, unless required by IBSPL for the performance of any obligations under this Policy or in the event that the Parties have agreed in writing on terms specifying that IBSPL has agreed to receive Personal Data and detailing the security measures in place and protocol for the processing of Personal Data.
• CUSTOMER shall hold IBSPL indemnified and harmless for any claims including third party claims, for failure by CUSTOMER to perform any of the obligations under GDPR, HIPPA or other applicable privacy laws.
• IBSPL will retain any customer data for auditing purposes for 6 months, if received from customer to resolve any issues. After 6 months, all the data will be deleted from the tickets.
• During remote session support calls, IBSPL will not copy, video, take screenshots to collect data without customer consent. Any activities will be prior informed to the customer for their approval.
• For managing the support tickets, IBSPL will manage a Ticketing System - IntelliBuddies^® Helpdesk and all support related data are stored in India.

IBSPL

• Meeting response times associated with service-related incidents as per the Support Plan chosen by the CUSTOMER.
  • Standard Support: Get your technical questions answered by our on-demand support team. The Standard Support program comes free with all licensed products.
  • Premium Support: Premium Support gives you accelerated service and preventative care for infrastructure and assistance with installs and upgrades, technical guidance and hands-on support customized to your environment and objectives.
• First Level support: FAQs, Documentation, Blogs, Knowledge Base, Samples, Demo would work as the First Level Support.
• Support Schedule & Centres: IBSPL will provide the Support 24/7 from Bengaluru, India.
• Fixes and Updates: Based on the priority of Incident, a patch could be provided to CUSTOMER. However, a workaround might be provided as a temporary solution for CUSTOMER to continue using the software until a patch or Service Pack takes care of the Incident.
• Service Packs will be released as and when required at the sole discretion of IBSPL to take care of issues reported by CUSTOMERs.
• However, IBSPL shall not be held responsible and be indemnified by CUSTOMER against SOFTWARE performance issues arising due to such CUSTOMER related issues as above.

CUSTOMER

• Reasonable availability of representative(s) of CUSTOMER when resolving a service-related incident or request.
• Shall provide all necessary information and assistance related to service performance that allows IBSPL to meet the performance standards as outlined in this document.
• Shall ensure reliability of internet, in-house network and third-party dependency services (such as products, tools, cloud, data centre, etc.), if any, which may affect SOFTWARE performance.
• Shall ensure that the deployment infrastructure is secure, free from bugs, viruses, errors, or other program limitations, which may affect SOFTWARE performance.

Service Request Workflow

• Acknowledge Request
• Respond to Request
• Inform customer of progress of the Request (Report status to Customer every 2 days until it is closed)
• Inform customer on completion of the Request
• Request for feedback from customer

Ticket Submission

• Customer will submit Incidents to IBSPL exclusively via email or Customer Helpdesk Portal or call through Phone. IBSPL will be under no obligation to reply to claims or requests received in any other manner. IBSPL may, at its discretion, choose the most optimal method of response to a Ticket, including by email, phone, and video conference or, with Customer’s prior consent, by remote connection.
• Customer will assess the impact, urgency and the perceived Priority Level of an Incident and add these details in the relevant email. IBSPL will evaluate the Priority Level and confirm or recategorize it. IBSPL will make commercially reasonable efforts to respond to Service Requests but is not bound by the response times prescribed in this Policy.
• As part of the support, Customer must designate at least one individual as primary liaison and communicate their contact information (name, email address, role and telephone number) to IBSPL. Customer must notify IBSPL in a timely manner in case of replacement of the contact person
• A Ticket is considered closed when a final solution to the relevant Incident is communicated by IBSPL.

Customer agrees to:

• First line support: Before submitting a Ticket or Phone call, Customer will perform first line support for itself by investigating any connectivity, access permission, IT team of CUSTOMER, database provisioning or security issues related to its systems, networks or applications interacting with the Software.
• Cooperate and communicate in a timely manner with IBSPL support
• Provide IBSPL with sufficient and accurate information like, log files, screens, process details, IB products version related to the Incident
• Assign contact person with the necessary technical and communication skills to collaborate with IBSPL
• Make reasonable attempts to replicate, or to assist IBSPL in replicating the Incident under the circumstances in place at the moment of Ticket submission, including by conducting diagnostic or troubleshooting activities, and
• Resolve the Incident as indicated by IBSPL

IBSPL has no obligation to provide support for, and the Uptime does not apply for, Incidents caused by:

• Any software made available, as designated by IBSPL, (i) For Trial, (ii) as part of the Community Editions.
• The software not being upgraded/update in accordance with IBSPL instructions or best practices, if in the update IBSPL resolved the Incident for which the Customer requests support.
• The software being used with other products or software that are not officially supported, are out of support or have been deprecated.
• Any customized deliverables created by IBSPL or its partners at Customer’s request.
• Any negligence or misconduct from customer, or customer’s failure to cooperate to resolve a ticket.
• Use of Software with hardware or software not developed by IBSPL which is not explicitly marked as compatible with the Software in the Documentation
• Customer’s failure to adhere to any required configurations, or to follow relevant security or acceptable use policies or practices
• Faulty input, instructions, or arguments (for example, requests to access files that do not exist) or Customer’s attempts to perform operations that exceed the Software's prescribed functionalities.
• Major events or other factors outside IBSPL’s reasonable control (e.g. network or Internet failure, war, acts of terrorism, natural disaster, riots, government action, failure of Customer or third party owned software, device,, technology or infrastructure).
• Scheduled Downtime.