Kasten Software Support Services Policy
This Kasten Software Support Services Policy ("Policy") contains the exclusive terms and conditions applicable to Support Services, which are provided in accordance with the Kasten End User License Agreement, or similar agreement between you and Kasten (“Agreement”). All capitalized terms not defined herein are as defined in the Agreement.
- This Policy applies to all Support Services (as defined below) for Software Subscription purchased by you or provided to you in accordance with the Agreement. This Policy governs in the event of any conflict with other terms, conditions or agreements relating to its subject matter. This Policy, including the Support Services Plan, is subject to the End of Release Life Cycle Policy mentioned in Exhibit A
- "Defect" means a failure of the Software to conform in all material respects to the Documentation.
- "Support Services Effective Date" means the date the Software for which Support Services have been purchased is made available to you.
- "Support Services" means, as applicable, the technical support services for the Software as more fully described in the attached Exhibit A hereto and which are provided by Kasten or its authorized representative or are available on Kasten’s support channels.
- “Support Services Plan” means the level of Support Services as more fully described in Exhibit A for which you have paid the applicable Support Services fee.
- Term, Renewal, and Termination.
- Term. The term during which Kasten provides Support Services under this Policy commences on the Subscription and Support Services Effective Date and remains in effect for the initial Term and any renewal of such Support Services as may be specified in an applicable Order. “Term” means, collectively or individually, “initial term” or “term”.
- Renewal of Support Services Plan; Reinstatement. Upon payment of the applicable fees under an Order prior to the expiration of the Subscription Term, the Support Services Plan shall renew for a subsequent Term as set forth in the Order. If you do not renew the Support Services Plan prior to expiration of the then-current Term (“Lapsed Term”), it may subsequently be renewed by you only in Kasten’s sole discretion. If Kasten permits the renewal of the Support Services Plan after a Lapsed Term, the renewal Term shall be deemed effective as of the date of expiration or termination of the prior Term. In the event of a renewal of the Support Services Plan following a Lapsed Term, Kasten reserves the right, in its sole discretion, to charge a reinstatement fee for such renewal of the Support Services Plan.
- Termination. Kasten may suspend or terminate Support Services for any uncured material breach of the Agreement or this Policy, including but not limited to nonpayment; in which case, Kasten has no obligation to provide Support Services and all outstanding amounts through the effective date of suspension or termination are due and payable.
- Support Services. Kasten will use commercially reasonable efforts to provide the Support Services in accordance with the terms of the applicable Support Services Plan. This Policy, the Support Services, and the Support Services Plan may change from time to time or certain Support Services may be discontinued; however, such changes will not result in a material reduction in the level of the Support Services provided to you during the then-current Term.
Kasten will use reasonable efforts to notify you of any changes at least 15 days prior to the effective date of such change. you are deemed to have accepted the changes in such notice, unless you object to any material changes in the notice, in which case you have ten (10) days to notify Kasten of your objection. If you object to the changes in the notice, the prior version of this Policy shall apply through expiration of the then-current Term. The obligation for Kasten to provide Support Services pursuant to this Policy is contingent upon: (1) your payment of all applicable Software license and Support Subscription fees, and (2) your performance of all of your obligations set forth in this Policy relating to the Support Services, including use of the Software in conformance with the Documentation.
- Subcontractors. Kasten may use subcontractors to perform all or a portion of the Support Services, and the work of such subcontractors shall be deemed to satisfy Kasten's obligations hereunder provided that such work meets the requirements of this Policy.
- Notification of Defects. If you believe that there is a Defect in the Software, you will (1) promptly notify Kasten, providing sufficient detail to permit Kasten to identify the Defect, (2) upon request, provide Kasten with remote access, all relevant and necessary data files, software or any other relevant material, and (3) to the extent Kasten cannot reproduce the Defect remotely, provide on-site access, if reasonably believed necessary by Kasten for it to reproduce, analyze or remedy the Defect.
- Information and Cooperation. To receive Support Services, you must provide Kasten with the location and configuration of the Software, and such other information, cooperation and assistance as is reasonably required by Kasten in order to provide the Support Services. You are solely responsible for backing up data and otherwise protecting all data and all systems and networks (and all software, data and other information contained therein) prior to the provision of any Support Services, and any installation, use, maintenance, or service or removal of the Software.
- Excluded Services. Notwithstanding anything to the contrary in this Policy, Kasten shall have no obligation to provide: (1) Support Services for Defects or resolution of problems caused by: accident, abuse, misuse, third party product(s), power surge or failure or the like, or other force majeure event, any unauthorized modification, or any failure to maintain and use the Software in a manner consistent with the Documentation and written instructions from Kasten, (2) support for Software that Kasten determines in its reasonable discretion does not have a Defect, (3) third party products required to operate the Software, or (4) delivery of any on-site Support Services, including but not limited to situations where, in Kasten’s reasonable opinion, a condition exists that represents a hazard to the safety of its employees or agents. You will be responsible for charges on a time and materials basis for Support Services provided as a result of any of the foregoing.
- Your breach of this Policy or failure to meet the pre-requisites excuses Kasten’s performance to the extent such performance has been affected by such breach or failure.
KASTEN SUPPORT SERVICES PLAN
Support Services Plan
- The Premium Support Services Plan includes:
- Remote Technical Support: You may submit service requests via Support Portal or email 24x7. Kasten will use commercially reasonable efforts to respond to your service requests within the response times in the Response Time Table below.
Support programs comparison matrix
|Service||Premium||Basic(8am-5pm Local Time)||Evaluation|
|Product upgrades||Yes||Yes||30 days|
|Root cause Analysis*||Yes||No||NA|
* For critical incidents
All customer issues reported to Kasten are assigned priority based on criticality and urgency of the issues. The priority of the issue determines the target initial response SLA.
Priority Level Descriptions and Target Initial Response SLA
|Case Priority||Priority Description||Target Initial Response SLA|
|Premium(24x7x365)||Basic(8am-5pm Local Time)|
|P1||Production system or application is down||1 hour with priority handling||2 business hours|
|P2||Production system or application is severely degraded but not critical or down
Example - Critical Policy Failed
|2 hours with priority handling||4 business hours|
|P3||Non-production issue on an operational system
Example - Non Critical Failed Backup
|6 hours||1 business day|
|P4||General Questions or Inquiry||1 business day||2 business days|
- Kasten publishes two major releases for Kasten K10 in a year, one in April/May, and the other in October/November of a calendar year.
- Maintenance and feature release are published every two weeks.
Bug Fix Policy:
- Kasten will fix software defects and integrate them in incremental maintenance and feature releases of the latest major release of Kasten K10.
- Any open issues will be targeted for the next major release.
- Example: Bug fixes for 4.0.12 will be integrated in 4.0.13. Issues found in 4.0.13 will be fixed in 4.5.x
*Note: Security fixes might be prioritized on a case-by-case basis and integrated in incremental maintenance and feature releases of the latest major release of Kasten K10.
End of Support Policy:
- A release is supported for six months from the date of that release.
- Customers running older versions should upgrade to a supported version, before contacting support.
*Note: Valid support contract is required to receive proper and timely support.