An error that renders the software inoperative or causes catastrophic failure in a production environment, including any error which prevents or severely restricts existing data loading or production data querying processes and results in a significant number of licensee users being unable to access or use the software. For Premier Support customers, the response time for Priority 1 incidents is 2 hours. For Standard Support customers, the response time is 12 hours.
An error that significantly degrades performance of the software or materially restricts licensee's use of the functionality of the software in a production environment. For Premier Support customers, the response time for Priority 2 incidents is 6 hours. For Standard Support customers, the response time is 1 day.
An error that causes only a minor impact on Licensee's use of the software (or an error which would be a Priority 1 error or Priority 2 error if the system experiencing the error were in a production environment).
Priority A Errors – Nanjgel Solutions shall respond within one business day and promptly commence the following procedures:
Priority B Errors – Nanjgel Solutions shall exercise commercially reasonable efforts to include the Fix for the Error in the next regular Product maintenance release.
Priority C Errors – Nanjgel Solutions may, in its discretion include the Fix for the Error in the next major release of the Product.
If Nanjgel Solutions believes that a problem reported by Customer may not be due to an Error in a Product, Nanjgel Solutions will so notify Customer. At that time, Customer may (1)instruct Nanjgel Solutions to proceed with problem determination at its possible expense as set forth below, or (2)instruct Nanjgel Solutions that Customer does not wish the problem pursued at its possible expense. If Customer requests that Nanjgel Solutions proceed with problem determination at its possible expense and Nanjgel Solutions determines that the error was not due to an Error in the Product, Customer shall pay Nanjgel Solutions, at Nanjgel Solutions' then-current and standard consulting rates, for all work performed in connection with such determination, plus reasonable related expenses incurred therewith. If Customer instructs Nanjgel Solutions that it does not wish the problem pursued at its possible expense or if such determination requires effort in excess of Customer's instructions, Nanjgel Solutions may, at its sole discretion, elect not to investigate the error with no liability therefore.
Exclusions - Notwithstanding anything else, Nanjgel Solutions shall have no obligation with respect to or in the case of: (i)altered or damaged Products or any portion of a Product incorporated with or into other software; (ii)any Product that is not the then current release or immediately Previous Sequential Release, as applicable; (iii)Product problems caused by Customer's negligence, abuse or misapplication or other causes beyond the control of Nanjgel Solutions; (iv)Product installed on any hardware that is not supported by Nanjgel Solutions; or (v) any software that is not identical in every respect (including branding) to Nanjgel Solutions's official version of the Product or (vi) Errors Correction with respect to third party code that is contained in Product or where Error Correction may result in branching with respect to recognized code. Nanjgel Solutions shall have no liability for any changes in Customer's hardware which may be necessary to use Products due to a Workaround or maintenance release.
Premier Support - To the extent Customer is entitled to Premier support: Customer will be given access to consultative support for areas outside the core WordPress software including WordPress plugins, scaling and spam protection; Customer will receive faster response time to support requests; and Customer's Error reports will be given priority over Error reports of the same priority level from Basic support customers.
Definitions - "E-mail support" means ability to make requests for technical support assistance by e-mail at any time (with reasonable efforts by Nanjgel Solutions to respond within one business day) concerning the installation and use of the then current release of a Product and the Previous Sequential Release.
"Error" means an error in a Product which significantly degrades such Product as compared to Nanjgel Solutions' published performance specifications.
"Error Correction" means the use of reasonable commercial efforts to correct or workaround Errors.
"Fix" means the repair or replacement of object or executable code versions of a Product or documentation to remedy an Error.
"Previous Sequential Release" means the release of a Product which has been replaced by a subsequent release of the same Product. Notwithstanding anything else, a Previous Sequential Release will be supported by Nanjgel Solutions for no more than twelve (12) months after release of the first subsequent release.
"Priority A Error" means an Error which renders a Product inoperative.
"Priority B Error" means an Error which substantially degrades the performance of a Product or materially restricts Customer's use of such Product.
"Priority C Error" means an Error which causes only a minor impact on the Customer's use of a Product.
"Web Support" means information made generally available to Nanjgel Solutions' support customers at locations on the World Wide Web designated by Nanjgel Solutions, including support forums, frequently asked questions, product documentation and bug reporting.
"Workaround" means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer's use of a Product.
These terms and conditions constitute a service contract and not a product warranty. This attachment is an additional part of the agreement and does not change or supersede any term of the agreement except to the extent unambiguously