Common use of Response Expectations Clause in Contracts

Response Expectations. In the event that an error is discovered in the Licensed Software which causes the software not to operate in conformance with the published specifications or applicable documentation, Customer shall notify Active Software in writing (email or fax) of the error (including a reasonable description and the severity level based on the Problem Classification Table). Active shall respond to such notice and will make reasonable efforts to assign engineers to resolve problems at the level of effort indicated by the Response Expectation table. If unspecified most new cases will be set to a severity level of 3 until a clearer determination can be made. The following Response Expectation table specifies the level of response that will be given to a customer issue at each step of the process based upon the assigned severity of the problem. The table specifies the maximum amount of time elapsed to complete each step. Step 1 represents the acknowledgment of a customer's problem and the beginning of information gathering process. Step 2 represents the time frame by which the problem is being actively addressed and a temporary patch, correction, or workaround is provided. The goal will be to provide a fix or a work-around for a problem as soon as possible. Critical issues will be worked on continually during the business day until a satisfactory problem resolution can be reached. To have work continue on problems during non-business hours requires the purchase of a 24x7 coverage plan and the commitment by the customer to make their resources available on an after hours basis as well. Step 3 represents when a permanent solution will be available. This may be in the form of a tested permanent patch or a completely new release depending upon what the problem requires and time allows. When possible permanent fixes will be provided in the next scheduled release. SEVERITY STEP 1 STEP 2 STEP 3 1 (Critical) 2 business Immediate and Within 60 hours continuing calendar effort during days. the business day.