Support Services Supplemental Terms

Capitalized terms which are not defined in these Supplemental Terms have the meanings set out in the Haivision Terms and Conditions (“Terms and Conditions”) incorporated within the quotation or other Order Documentation which references these Supplemental Terms.

1.1 SCOPE OF SERVICES. Haivision will provide the Support Services to Customer in accordance with these Supplemental Terms. The Support Services are provided under distinct levels, which are summarized in the table at the end of these Supplemental Terms. The level of Support Services purchased by Customer is shown in the Order Documentation.

1.2 HAIVISION COMMITMENT. In accordance with the level of Support Services purchased by Customer, Haivision agrees to correct and repair any failure, malfunction, defect or nonconformity in any Licensed Software and Hardware (each, a “Failure” and collectively, “Failures”) following notification (as specified below) by Customer to Haivision of any Failure which prevents the Technology from performing in accordance with the Documentation; provided, that (i) such Failure is caused solely by Haivision and (ii) Customer has not made any of the modifications described in Section 1.7 below.

1.3 DEFINITIONS. For purposes of these Supplemental Terms:
(a) “Case” shall mean a formal written or telephone request for Support Services by Customer (i) via the support portal at https://support.haivision.com (the “Support Portal”); (ii) via email to tickets@haivision.com; or (iii) by telephone directly via the support number provided to Customer. Each request will be assigned a Case number for reference. Although an automated response provides an immediate tracking number, the request for support is not in effect until Haivision has reviewed the initial Case.
(b) “Severity Level” shall mean:
Severity Level 1 – Emergency: Failure causes complete failure of the Designated System with no acceptable work-around.
Severity Level 2 – High: Failure materially impacts Customer operations. System is down or malfunctioning. No commercial acceptable work-around; however, the Designated System can operate in a restricted scaled-back manner.

Severity Level 3 – Medium: Failure is a problem/defect that causes a minimal loss or degradation of Designated System. The impact of the failure is minor or an inconvenience. An acceptable workaround is available.

Severity Level 4 – Low: Failure does not cause a loss or degradation of functionality of Technology and does not impede the operation of the Designated System.

1.4 SUPPORT AVAILABILITY. The Support Services are offered during Business Hours. “Business Hours” means: (i) Monday-Friday 9am-pm ET in the Americas; (ii) Monday-Friday 9am-5pm CET in Europe, Middle East, and Africa; and (iii) Monday -Friday 9am-5pm JST in the Asia Pacific region.

1.5 INITIATION OF SUPPORT. For all Failures, a Haivision technical support specialist shall assess the Severity Level of the Failure. If the support personnel are unable to resolve the issue by telephone, chat, or email, Customer’s Case will be assigned to the appropriate Haivision technical resource for resolution. Haivision shall use its reasonable commercial efforts to either correct the problem or provide Customer with a way to temporarily work around a Failure, if a work-around is available, or notify Customer on a regular basis as to the progress of the corrective efforts until such time as the correction or other resolution can be made.

1.6 HAIVISION SUPPORT RESPONSE. In the event the Haivision support personnel are not immediately available, Haivision will respond to Customers’ request in the target timeframes in accordance with the level of Support Services purchased by Customer as detailed in the table at the end of these Supplemental Terms. Telephone support is only available for Customers who have purchased Premium or Standard Support.

1.7 CUSTOMER MODIFICATIONS. Customer shall inform Haivision in writing of any modifications made by Customer to the Licensed Software and/or Hardware. Haivision shall not be responsible for maintaining Customer’s modified portions of the Licensed Software and/or Hardware, or for maintaining portions of the Licensed Software and/or Hardware affected by the modified portions unless Haivision approved or directed such modification in writing. If the Failure is: (i) the result of Customer’s (or Customer’s End User’s) misuse of the Licensed Software or Hardware; (ii) the result of the transfer of the Licensed Software to new hardware; or (iii) unrelated to the Licensed Software, Customer shall reimburse Haivision at its then current published standard rates for such services, plus reasonable expenses. HAIVISION SHALL HAVE NO OBLIGATION TO MODIFY, UPDATE, OR UPGRADE TO ACCOMPANY A SUBSEQUENT CHANGE IN CUSTOMER’S DESIGNATED SYSTEM, SPECIFICALLY INCLUDING CUSTOMER’S UPGRADE OF ITS BACK-END SYSTEM, UNLESS OTHERWISE AGREED BETWEEN CUSTOMER AND HAIVISION.

1.8 Haivision will only support the current release and one prior release of the Licensed Software.

1.9 If any Support Services are provided on a time and materials basis or for a predetermined number of hours, Customer may purchase additional hours. Any hours not used within any defined period are not reimbursable and may not be carried forward.