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 Support Availability. The Support Services for Standard and Basic level subscriptions are offered during Business Hours. “Business Hours” means: (i) Monday-Friday 9AM-6PM ET in the Americas; (ii) Monday-Friday 9AM-6PM CET in Europe, Middle East, and Africa; and (iii) Monday-Friday 9AM-5PM JST in the Asia Pacific region.

1.4 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”) or (ii) 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 – Critical: Complete Failure of the Designated System or Cloud Services rendering it non-operational and severely impacting Customer’s business operations. Customer and Haivision will dedicate full time resources to resolve the issue as quickly as possible.

Severity Level 2 – Major: A Failure where core functionality of the Designated System or Cloud Services is severely degraded or Customer operations are significantly impacted by product performance issue. Customer and Haivision will allocate full time resources during Business Hours to resolve the issue.

Severity Level 3 – Minor: A Failure causing minimal loss or degradation of the Designated System or Cloud Services with limited operational impact. The Customer and Haivision will commit resources during Business Hours to restore the system to resolve the issue.

Severity Level 4 – Low: Requests for information, feature requests, license requests, software upgrade assistance, and any other requests for information.

1.5 Initiation of Support. For all Failures, a Haivision technical support specialist shall assess the Severity Level of the Failure. Haivision reserves the right to re-classify the Severity Level at any time. 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 Customer’s 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. If Customer requires software update assistance, support must be scheduled in advance and subject to the availability of a Haivision support agent during Business Hours.

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.