1. Interpretation

This Support Services Policy forms part of the SAAS Services Agreement between Benchmark Global Pty Ltd trading as Benchmark Estimating Software and the Client referred to therein (“SAAS Services Agreement”). Terms used in this Support Services Policy shall have the meanings given to them in the SAAS Services Agreement, unless otherwise defined in this Support Services Policy.

1.1 Definitions:

Commercially Reasonable Efforts: the same degree of priority and diligence with which Benchmark Estimating Software meets the support needs of its other similar customers.

Contact List: a current list of Benchmark Estimating Software contacts and telephone numbers to enable the Client to escalate its Support Requests, including:

     (a) the first person to contact; and

     (b) the persons in successively more qualified or experienced positions to provide the support sought.

External Cause: any of the following causes:

     (a) any improper use, misuse or unauthorised alteration of the Software, Platform or SAAS Services;

     (b) any use of the Software, Platform or SAAS Services in a manner inconsistent with then-current Documentation;

     (c) any fault or failure caused by any failure of any software, hardware or services not provided by Benchmark Estimating Software;

     (d) any failure or incompatibility of any Third Party Tools;

     (e) any fault or failure caused by third party software, hardware or services; or

     (f) any fault or failure caused by any network or internet service provider failure or downtime.

Fault: any failure of the Software, Platform or SAAS Services to operate in all material respects in accordance with the SAAS Services Specification and Documentation.

Help Desk Support: any technical support with respect to the Software, Platform or SAAS Services provided by help desk technicians sufficiently qualified and experienced to identify and resolve basic and intermediate (but not complex) issues relating to the Software, Platform or SAAS Services.

Out-of-scope Services: any custom reporting services; any software development services; training; services provided by Benchmark Estimating Software in connection with any apparent problem regarding the Software, Platform or SAAS Services reasonably determined by Benchmark Estimating Software not to have been caused by a Fault, or reasonably determined by Benchmark Estimating Software to have been caused by an External Cause or such other cause outside Benchmark Estimating Software’s control (including any investigational work resulting in such a determination).

Service Levels: the service level responses and response times referred to in the Service Level Table.

Service Level Table: the table set out in paragraph 5.1.

Solution: either of the following outcomes:

     (a) correction of a Fault; or

     (b) a workaround in relation to a Fault including a reversal of any changes to the Software, Platform or SAAS Services if deemed appropriate by Benchmark Estimating Software.

Support Hours: 0830 – 1700 Australian Eastern Standard Time.

Support Period: the Contract Term.

Support Request: any request made by the Client in accordance with this Support Services Policy for technical support to be provided to it or any Named User in relation to the SAAS Services via the means referred to in paragraph 2.2(a) of this Support Services Policy, for the purposes of correction of a Fault.

Support Services: Help Desk Support for the SAAS Services made available by Benchmark Estimating Software, excluding any Out-of-scope Services.

2. Support Services

2.1 During the Support Period Benchmark Estimating Software shall use Commercially Reasonable Efforts to perform the Support Services during the Support Hours in accordance with the Service Levels.

2.2 As part of the Support Services, Benchmark Estimating Software shall:

     (a) provide Help Desk Support by means of telephone number +61 2 4422 3444, e-mail address support@benchmarkestimating.com, and through the Support ticket system within the Platform;

     (b) use Commercially Reasonable Efforts to correct all Faults notified under paragraph 3(a) in accordance with the Service Levels. 

2.3 Benchmark Estimating Software may reasonably determine that any services are Out-of-scope Services. If Benchmark Estimating Software makes any such determination, it shall promptly notify the Client of that determination.

2.4 The Client acknowledges that Benchmark Estimating Software is not obliged to provide Out-of-scope Services and that during the period between 24 December and 12 January each year, Benchmark Estimating Software will not be fully staffed and will operate only via skeleton staff.

3. Fees

3.1 The provision of Support Services to the Client on a remote, off-site basis (such as over the telephone or by e-mail) within the Support Period shall be included in the Services Fee.

3.2 The provision of Support Services outside the Support Period or on-site at any premises other than Benchmark Estimating Software’s premises or the provision of Out-of-scope Services, if and where Benchmark Estimating Software agrees to perform such services, shall be charged for at the Ad Hoc Rates.

 

4. Submitting Support Requests and Access

4.1 The Client may only request Support Services by way of a Support Request.

4.2 Each Support Request shall include a description of the problem and the start time of the incident.

4.3 The Client shall provide Benchmark Estimating Software with:

     (a) prompt notice of any Faults; and

     (b) such output and other data, documents, information, assistance and remote access to the Client’s and any relevant Named Users’ systems, as are reasonably necessary to assist Benchmark Estimating Software to reproduce operating conditions similar to those present when an Named User detected the relevant Fault and to respond to the relevant Support Request.

4.4 All Support Services shall be provided from Benchmark Estimating Software’s office unless otherwise agreed in writing by Benchmark Estimating Software.

4.5 The Client acknowledges that, to properly assess and resolve Support Requests, it may be necessary to permit Benchmark Estimating Software direct access to the Client premises and/or any Client and/or Named User premises or systems and the Client’s and/or Named Users’ files, data, equipment and personnel.

5. Service Levels

5.1 Benchmark Estimating Software shall use Commercially Reasonable Efforts to:

     (a) prioritise all Support Requests based on its reasonable assessment of the severity level of the problem reported; and

     (b) respond to all Support Requests in accordance with the response times specified in the table set out below:

 

Fault severity level Service Level response time
Business Critical Failures (severity level 1):

An error in, or failure of, the SAAS Services that disables major functions of the SAAS Services from being performed.

Level 1 Response:

Acknowledgment of receipt of a Support Request within 1 hour.

Level 2 Response:

Benchmark Estimating Software shall:

a) restore the SAAS Services to a state that allows the Client to continue to use all functions of the SAAS Services in all material respects within 8 hours after the Level 1 Response time has elapsed; and

b) exercise Commercially Reasonable Efforts until full restoration of function is provided.

Level 3 Response:

Benchmark Estimating Software shall work on the problem continuously and implement a Solution within 40 hours of receipt of the Support Request.

If Benchmark Estimating Software delivers a Solution by way of a workaround, the severity level assessment shall reduce to severity level 2 or lower.

System Defect with Workaround (severity level 2):

a) a critical error in the SAAS Services for which a work- around exists; or

b) a non-critical error in the SAAS Services that affects the operations of the Client’s business or marketability of its service or product.

Level 1 Response:

Acknowledgment of receipt of a Support Request within 4 hours.

Level 2 Response:

Benchmark Estimating Software shall, within 7 Business Days after the Level 1 Response time has elapsed, provide an emergency fix or workaround which allows the Client to continue to use the majority of all functions of the SAAS Services in all material respects.

Level 3 Response:

Benchmark Estimating Software shall provide a permanent Fault correction as soon as practicable and no later than 14 Business Days after Benchmark Estimating Software’s receipt of the Support Request.

Minor Error (severity level 3):

An isolated or minor error in the SAAS Services that:

a) does not significantly affect SAAS Services functionality;

b) may disable only non-essential functions; or

c) does not materially impact the Client’s business performance.

Level 1 Response:

Acknowledgment of receipt of the Support Request within 40 hours.

Level 2 Response:

Benchmark Estimating Software shall provide a permanent Fault correction within 60 Business Days after the Level 1 Response time has elapsed.

5.2 Benchmark Estimating Software shall give the Client regular updates of the nature and status of its efforts to correct any Fault.

5.3 Any breach of the Service Levels in any BES Policies shall not constitute a breach of the SAAS Services Agreement by Benchmark Estimating Software.

6. Communications

In addition to the mechanisms for giving notice specified the SAAS Services Agreement, the parties may communicate in respect of any matter referred to in this Support Services Policy by e-mail.