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Severity 1: Produces an emergency in which the Covered Software is inoperable, <br />produces incorrect results, or fails catastrophically. <br />RESPONSE: The Vendor will provide a response by a qualified member of its staff to begin to <br />diagnose and to correct a Severity 1 problem as soon as reasonably possible, but in any event a <br />response via telephone will be provided within one (1) hour from the City's report of a Severity <br />1 problem. The Vendor will continue to provide its best efforts to resolve Severity 1 problems in <br />less than forty-eight (48) hours from its receipt of the report by the City. The Vendor will <br />deliver the resolution to the City as a work-around or as an emergency software fix. If the <br />VENDOR delivers an acceptable work-around, the severity classification will drop to a Severity <br />2. <br />Severity 2: Produces a detrimental situation in which performance (throughput or <br />response) of the Covered Software degrades substantially under reasonable loads, <br />such that there is a severe impact on its use; the Covered Software is usable, but <br />materially incomplete; one or more mainline functions or commands is inoperable; <br />or the use is otherwise significantly impacted. <br />RESPONSE: The Vendor will provide a response by a qualified member of its staff to begin to <br />diagnose and to correct a Severity 2 problem as soon as reasonably possible, but in any event a <br />response via telephone will be provided within one (1) hour from the City's report of a Severity <br />2 problem. The Vendor will exercise its best efforts to resolve Severity 2 problems within ninety- <br />six (96) hours from its receipt of the report by the City. The Vendor will deliver the resolution to <br />City in the same format as Severity 1 problems. If the Vendor delivers an acceptable work- <br />around for a Severity 2 problem, the severity classification will drop to a Severity 3. <br />Severity 3: Produces an inconvenient situation in which the Covered Software is <br />usable, but does not provide a particular function or functions in the most <br />convenient or expeditious manner, and the user suffers little or no significant <br />impact. <br />RESPONSE: the Vendor will exercise its best efforts to resolve Severity 3 problems in the next <br />maintenance release. <br />Severity 4: Produces a noticeable situation in which the use of the Covered Software <br />is affected in some way, which is reasonably correctable by a documentation change <br />or by a future, regular release from the Vendor. <br />RESPONSE: The Vendor will provide, as agreed to by the City and the Vendor, a fix or fixes <br />for Severity 4 problems in future maintenance releases. <br />C. Maintenance Services. During the term of the Master Agreement and this Maintenance <br />Agreement, the Vendor will maintain the Covered Software by providing software updates and <br />enhancements to City as the same are offered by Vendor to its licensees of the Covered Software <br />under maintenance generally ("Updates"). All software updates and enhancements provided to <br />City by Vendor pursuant to the terms of the Master Agreement and this Maintenance Agreement <br />Brazos Technology, Hand Held Ticket Writer System Agreement <br />34