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MILLER MENDEL, INC. <br />2.12 Resolution Targets and Priority Levels. MMI will prioritize resolution of Defects according to <br />their severity, and not necessarily based on the order in which they were reported. Defects reported in Support <br />Requests shall be classified using the priority levels and definitions set forth in the Table 2.12 (Priority Levels), <br />below. Although Client is required to propose a priority level in its Support Request, MMI may reclassify the <br />priority level of a Defect in its sole reasonable discretion, and such determination by MMI shall be final and <br />controlling. MMI shall use its best commercially reasonable efforts to cure Defects within the target resolution <br />times set forth in Table 2.12 (Priority Levels), which periods of time shall commence when a Support Request <br />containing all Minimum Required Information is submitted. MMI shall have no obligation to respond to or resolve <br />a Support Request (other than notifying Client that the Support Request is incomplete) unless and until all Minimum <br />Required Information is provided. "Priority Levels" are defined in the following Table 2.12 (Priority Level <br />TABLE 2.12 <br />PRIORITY LEVELS <br />Priority <br />Description <br />Target Resolution Time <br />High: <br />A Defect is High priority if it (a) prohibits utilization of <br />24 hours <br />Complete <br />some or all functionality of the eSOPH System by all or <br />outage or <br />most Authorized Users or Applicants; (b) has a serious <br />severe impact <br />potential impact to Client's business (e.g., an impacted <br />to Client's <br />business function is halted completely); and (b) no <br />business <br />reasonably effective workaround is available. <br />function <br />Medium: <br />A Defect is Medium priority if it has a moderate impact on <br />3 Business Days <br />Partial outage <br />Client's business or it has a potentially serious impact but <br />or a <br />a reasonably effective workaround is available. For <br />workaround <br />example, a Defect would have Medium priority if it only a <br />available <br />small group of Authorize Users or Applicants are affected, <br />or an impacted business function is not halted completely <br />but is merely inconvenienced, or the issue can otherwise <br />be circumvented by a reasonably effective and available <br />workaround (e.g., use of a different web browser), other <br />work functions can be completed in the meantime. <br />Low: Cosmetic <br />A Defect is Low priority it is merely cosmetic or has a <br />10 Business Days <br />Issue, cosmetic <br />negligible impact to Client's business functions, or other <br />defect <br />work functions can be completed in the meantime. <br />2.13 Exclusions. MMI shall not be responsible for resolving and expressly disclaims liability and <br />responsibility for lack of Availability or Defects to the extent caused by any of the following: <br />2.13.1 Client's negligence, abuse, misapplication, misconfiguration, or misuse of eSOPH <br />System, including use of the eSOPH System in violation of the Master Agreement or any written instructions <br />provided by MMI to Client from time to time; <br />2.13.2 Use of eSOPH System with any hardware, operating system version or network <br />environment that is not supported by MMI, or other problems resulting from defects in Client's or a third party's <br />software or hardware; or <br />2.13.3 Problems with Client and/or its Authorized Users' telecommunications systems, Client <br />and/or its Authorized Users' internet service provider, or the public internet to the extent affecting internet <br />MASTER SOFTWARE LICENSE & SERVICES AGREEMENT PAGE 7 OF 21 <br />Version: June 1, 2019— Santa Ana Specific (See Addendum) <br />