Comensure terms of Service

Support Services Policy

Comensure provides application support 24 hours a day, seven days a week via help desk tickets and on-line training for its customers.  Support cases are opened using Comensure’s on-line support portal, which is actively monitored by qualified Comensure support personnel. Current status for all support cases previously reported by a customer can be viewed via the support portal at www.Comensure.com.

Additional information exchange related to an open support case may be conducted via email, telephone, and web meeting communication, as appropriate to the case.  Customer shall provide such access, information, and support as Comensure may reasonably require in the process of resolving any Error.

Support Procedures:

All support requests are categorized in accordance with the definitions set forth below.

Comensure is not obligated to correct any Errors or provide any other support to the extent such Errors or need for support were created in whole or in part by:

(i) the acts, omissions, negligence or willful misconduct of Customer, including any unauthorized modifications of the Hosted Service or its operating environment;

(ii) any failure or defect of Customer’s or a third party’s equipment, software, facilities, third party applications, or internet connectivity (or other causes outside of Comensure’s firewall, but not excluding failures or defects of Comensure’s connectivity or hosting vendors);

(iii) Customer’s use of the Hosted Service other than in accordance with the Documentation; or

(iv) a Force Majeure Event.

Any support requests not categorized as set forth below will be addressed in the ordinary course of business by Comensure, and any applicable modifications or corrections of the Service will be delivered in the next release of the Service subsequent to implementation of the correction(s).
 

Support Definitions:

Priority 1:

Definition: Production environment for the Service is unavailable, resulting in full disruption of use of the Service, or critical functionalities in the Service are unavailable or not working

Initial response to Customer: within sixty (60) minutes

Comensure Response: Comensure will provide immediate and continuing efforts to correct the problem.

Case update target: every eight (8) hours from time of submission

Priority 2:

Definition: Specific non-critical function(s) of the Service are impeded due to failure of portions(s) of the Service

Initial response by Comensure: within four (4) hours

Comensure Response: Comensure shall use its best efforts to provide a temporary fix or workaround for the problem within five (5) calendar days after Comensure’s receipt of Customer’s support request.

Case update target: within twenty-four (24) hours after Comensure’s receipt of Customer’s support request

Priority 3:

Definition: Specific function(s) of the Service are not performing in accordance with Documentation, but the usability of the Service is not significantly impacted

Initial response by Comensure: within eight (8) hours

Comensure Response: Resolution within a time frame five (5) business days after Comensure’s receipt of Customer’s support request.

Case update target: mutually agreed upon timeframe

Support Case Escalation: All support cases with a Priority Level of 1 or 2 will be escalated if a solution or plan of resolution cannot be achieved within the times described above:

Priority 1 Problem Escalation.

Hours 0 to 4: Comensure’s technical support, production management and engineering personnel are notified and actively working the event.

Hour 5: Comensure’s Director(s) of IS are notified and involved in the problem resolution.

Hour 8: Comensure’s executive management team, including the CEO, is notified and involved in the problem resolution.

Priority 2 Problem Escalation.

Comensure will work to resolve the problem and will attempt to provide a solution within five (5) calendar days after problem identification. If problem identification has not occurred within the timeline outlined the response expectation table, the problem will be considered Priority 1 and the escalation procedures as outlined in Priority 1 are followed.
 
Service Level Agreement (“SLA”)

Comensure’s Hosted Service will be available 99% of the time, excluding scheduled or emergency maintenance. Hosted Service downtime exists when Customer is unable to transmit and receive data with the Hosted Service, but does not include the effects of any Internet, Customer network or other connectivity issues not within the control of Comensure, and is measured from the time the trouble ticket is opened by the Customer. Upon receiving a report of downtime from the Customer, Comensure may be subject to provide a credit to the Customer based on the terms provided in this SLA.

Comensure’s Hosted Service will be available 99% of the time (“Uptime”) during any calendar month beginning the first full calendar month which the Hosted Services is in use by Customer, calculated on a monthly basis and subject to the exceptions below.

The Hosted Service is considered unavailable for any period of time (measured in minutes) (“Downtime”) during which the Hosted Service is materially impaired such that Customer or its Users cannot access the Hosted Service on Comensures or its Licensors servers.  Downtime does not include periods of time during which the Hosted Service is unavailable as a result of (a) Scheduled Maintenance, (b) the acts, omissions, negligence or willful misconduct of Customer, (c) any failure or defect of Customer’s or a third party’s equipment, software, facilities, third party applications, or internet connectivity (or other causes outside of Comensure’s firewall), or (d) a Force Majeure Event.

“Scheduled Maintenance” means any planned maintenance by Comensure that might cause the Hosted Service to be unavailable to Customer or its Users.  

Service Level Credit:

For any full calendar month period in which Uptime is less than 99%, Comensure shall issue a credit (a “Service Level Credit”) to Customer in an amount determined according to the following percentages of monthly fees: