K3S Software Services And Support Policies

Sections in This Document

K3S SOFTWARE SERVICES AND SUPPORT POLICIES

This is a web friendly version of our software support policies and services. This is not an official document of these policies. For an official document, please reach out to K3S at [email protected].

Unless otherwise stated, these K3S Software Services and Support Policies apply to service work and technical support for all King III Solutions, Inc. (“K3S”) software product lines.

“You” and “your” refers to the individual or entity that has ordered services or technical support from K3S.

To receive services or technical support as described in these K3S Software Services and Support Policies, all Software must be properly licensed.

Technical support is provided for issues (including problems you create) that are demonstrable in the currently supported release(s) of a K3S licensed program, running unaltered, and on a certified hardware, database and operating system configuration, as specified in your order or program documentation.

These K3S Services and Software Support Policies are subject to change at K3S’s discretion; however, K3S policy changes will not result in a material reduction in the level of the services provided for supported programs. Courtesy Hour. Subject to availability of personnel, the type of request, and other situational factors, K3S will provide customers with one complimentary consulting session per quarter not to exceed one (1) hour per session between the hours of 9:00 a.m. and 5:00 p.m. eastern time, Monday through Friday, excluding national holidays.

1. MAINTENANCE AND SUPPORT SERVICES.

K3S maintenance and support services are provided only for the current release of the Software and the release immediately preceding the current release. Support of older releases may be available as project work on a time and materials basis, subject to availability of resources. Maintenance and support services provide you with (a) Error correction and (b) maintenance releases.

Normal Support Hours

In consideration of the Annual or Monthly support fee K3S will furnish maintenance and support services as follows:

  • Daytime Support - K3S will provide access to its technical support personnel between the hours of 9:00 a.m. and 5:00 p.m. eastern time, Monday through Friday, excluding national holidays by e-mailing K3S at [email protected]m.
  • Evening Support - For the processing of Night Jobs and data transfer of files for Night Jobs, K3S will provide you access to its technical support personnel between the hours of 4:00 a.m. and 9:00 a.m. eastern time, Monday through Friday, excluding national holidays by e-mailing K3S at [email protected]
  • Weekend Support - For the processing of weekend Night Jobs and data transfer of files for weekend Night Jobs, K3S will provide you access to its technical support personnel between the hours of 4:00 a.m. and 9:00 a.m. eastern time, Saturday through Sunday (excluding national holidays), by e- mailing K3S at [email protected]

Response Time

K3S endeavors to respond promptly to maintenance and support services inquiries and requests. Response time and resolution time will vary depending on availability of personnel, the number of inquiries, and the difficulty of an inquiry.

Cooperation

Resolution of Errors in the Software requires your cooperation. If requested by K3S, you will:

  • (a) submit to K3S a listing of output and any other data that K3S may reasonably require in order to reproduce the Error and the operating conditions under which the Error occurred or was discovered
  • (b) provide screen shots, and initiate a “webex” or similar presentation that will permit K3S personnel to observe the Error and the operation of the Software in your environment

Errors not Caused by the K3S Software

If K3S reasonably believes that a problem reported by you may not be due to an Error in the Software, K3S will so notify you, and K3S shall not proceed further, unless mutually agreed to by you and K3S. If after mutual agreement, K3S proceeds and the problem is diagnosed and determined to NOT be due to an Error in the Software, K3S shall bill you at its then current rates for the time and expenses that K3S engineers spend in the resolution of said problem. As used herein, “Error” means a program or logic error or other defect in the software which causes the software to operate incorrectly or otherwise not in conformity with the on-line information and materials, relating to the use of the Software made available to you in connection with the license of the Software, that can be reproduced or observed by K3S.

Invoicing

Annual or Monthly support fee is invoiced either annually or monthly. A renewal invoice is sent 30 days prior to expiration of the annual or monthly term. Your Annual or Monthly support fee will be renewed for an annual or monthly term by paying the renewal invoice.

Reinstatement

If you terminate maintenance and support services or K3S terminates maintenance and support services for nonpayment, you may reinstate maintenance and support services by payment of the annual or monthly support fee payable in respect of all periods for which you did not pay support fee.

Exclusions

Support and maintenance services exclude:

  • (a) New modules offered for sale to K3S customers generally for an additional charge.
  • (b) Any problem resulting from:
    • (i) the misuse, improper use, unauthorized alteration, or damage of the Software;
    • (ii) modifications in any version of the Software not made or authorized by K3S;
    • (iii) combination of the Software with other programs or equipment not supported by K3S; or
    • (iv) Errors in any version of the Software other than the current release and the release of the Software immediately preceding the current release.

2. HOURLY SUPPORT SERVICES.

In addition to the maintenance and support services listed above, additional hourly support services, are available subject to scheduling for an additional fee. Additional hourly support services are billed in increments of one hour. Please contact K3S by e-mailing K3S at [email protected] to obtain a price sheet for these additional fees.

Scheduled Hourly Support Services

  • (a) In consideration of a weekday hourly fee, K3S will provide you scheduled after-hours access to its technical support personnel between the hours of 9:00 p.m. and 4:00 a.m. eastern time, Monday through Friday, excluding national holidays, with not less than one week prior notice.
  • (b) In consideration of a weekday hourly fee, K3S will provide hosted customers with scheduled network infrastructure services between the hours of 9:00 a.m. and 5:00 p.m. eastern time, Monday through Friday, excluding national holidays, with not less than one week prior notice.
  • (c) In consideration of a weekend hourly fee, K3S will provide you with scheduled after-hours access to its technical support personnel between the hours of 9:00 a.m. and 5:00 p.m. eastern time, Friday through Sunday with not less than one week prior notice.
  • (d) In consideration of a weekend hourly fee, K3S will provide hosted customers with scheduled network infrastructure services between the hours of 9:00 a.m. and 5:00 p.m. eastern time, Friday through Sunday with not less than one week prior notice.

Unscheduled Hourly Support Services

  • (a) Software Installed On Premise
    • (i) In consideration of a premium weekday hourly fee and subject to availability, K3S will provide you unscheduled after-hours access to its technical support personnel between the hours of 9:00 p.m. and 4:00 a.m. eastern time, Monday through Friday, excluding national holidays.
    • (ii) In consideration of a premium weekend hourly fee and subject to availability, K3S will provide on premise installed customers with unscheduled after-hours access to its technical support personnel between the hours of 9:00 a.m. and 5:00 p.m. eastern time, Saturday through Sunday.
  • (b) Hosted Customers
    • (i) In consideration of a premium weekday hourly fee and subject to availability, K3S will provide you with unscheduled network infrastructure services between the hours of 9:00 a.m. and 5:00 p.m. eastern time, Monday through Friday, excluding national holidays.
    • (ii) In consideration of a premium weekend hourly fee and subject to availability, K3S will provide you with unscheduled network infrastructure services between the hours of 9:00 a.m. and 5:00 p.m. eastern time, Friday through Sunday.

Invoicing

Scheduled and Unscheduled Hourly Support Services are invoiced monthly.

3. PROJECT WORK.

In addition to the maintenance and support services and additional hourly support services listed above, custom support services are available. Please contact K3S by e-mailing K3S at [[email protected]] to obtain an estimate.

Project-Based Services Work – Wide Release

You may sponsor development of a defined feature or function for the K3S software product lines. You may choose to pay for priority queue, if available. You will work with K3S to define the specifications or use case as needed, and K3S will provide the development for the project. K3S will own the code and provide the code to all its customers upon a wide release.

Project-Based Services Work – Controlled Release

You may sponsor development of a defined feature of function for the K3S software product lines. You may choose to pay for priority queue, if available. You will work with K3S to define the specifications or use case as needed, and K3S will provide the development for the project. K3S will own the code and provide you an exclusive, non- transferable license to the code for as long as you pay an annual maintenance fee to provide support for the code.

Custom Services Work

You may choose to pay for complete custom services work that is outside the normal scope of what K3S provides. All custom services work is the property of K3S and will be subject to a premium rate of development, as well as an annual maintenance fee to provide support for the custom services work.

Invoicing

Project work is invoiced monthly.

4. PAYMENT TERMS.

Invoices are payable in full without deduction or setoff, in US Dollars on net 30 day terms or such later date as may be specified in the invoice (the “Due Date”). Interest shall accrue from the Due Date on all undisputed amounts unpaid more than 15 days after the Due Date at the rate of one percent (1.5%) per month. If you believe an invoice or charge is incorrect, you must contact K3S in writing within 45 days of the invoice date or charge to be eligible to receive an adjustment or credit.