The maintenance and support terms and conditions are entered into between BloomReach and Customer. Subject to the terms and conditions of this Agreement, during the Subscription Term BloomReach will provide to Customer the Product with respect to the Site(s) each as identified on the applicable Sales Order. 

The preceding sentence notwithstanding, if Customer has made any addition to or modification of the Products, then BloomReach may (a) refuse to provide Maintenance and Support (in which case Customer will not be entitled to a refund of any Fee paid or payable hereunder or any portion thereof) or (b) condition its provision of Maintenance and Support upon Customer’s agreement to BloomReach-specified changes to the terms governing Maintenance and Support, including without limitation the Fee therefore.

Customers using the Extended Certified Stack have to get the exact combination and versions used approved by BloomReach to be eligible to Maintenance and Support. BloomReach is only required to provide approval free of additional charges once every 2 years.

Customers have a grace period of 6 months, after support for their version ends, to upgrade.

 

1. Service Levels. The maintenance and support terms and conditions refer to the Product. Maintenance to your application (“Application Maintenance”) is not included in these Service Levels. Maintenance to your application is an Additional Service to the Product.

 

2. Maintenance & Support - Product.

BloomReach offers three levels of Support: Standard, Premium, and Premium Plus. An overview of the support levels are provided in the table below:

Feature	Standard	Premium	Premium Plus
Access to the Documentation	Yes	Yes	Yes
Product Support	Yes	Yes	Yes
Versions supported prior to the most recent (back-porting of fixes)	1 major version	2 major versions	2 major versions
Support for Certified stack	Standard Stack	Extended Stack	Extended stack
Support for custom Certified stack	-	Extended Stack	Extended Stack
Number of Customer points of contact authorized to report incidents	2	4	4
Live Remote Support	-	Yes	Yes
Hours during which support is available	Office hours	Office hours	24x7 for Severity 1
Global Support Continuity	-	-	Yes
Guaranteed Response times (severity levels and BloomReach’s associated support actions are described below):
Severity 1	4 business hours	2 business hours	2 hours
Severity 2	4 business hours	2 business hours	2 business hours
Severity 3	Next business day	2 business hours	2 business hours

 

3. Business Hours, Incident Reporting, and Response Time. BloomReach’s normal Support business hours depend on Customer’s domicile according to the following table:

If Customer is domiciled in:	Business hours:
The United States of America, Canada, Mexico or a country in South America or the Caribbean	Monday - Friday, 9:00 am - 5:00 pm Eastern Time, excluding the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.
A Country in Europe, Africa, the Middle East, Asia, or the Pacific region	Monday - Friday, 9:00 am - 5:00 pm Central European Time, excluding the following holidays: New Year’s Day (January 1). Easter (March/April), King’s Day (April 27), Liberation Day (May 5), Ascension Day (40 days after Easter), Pentecost (7 weeks after Easter), Christmas (December 25 and 26).

  

• Customer will identify to BloomReach the individual point(s) of contact who are authorized to report incidents; BloomReach will accept incident reports from only the identified individual(s).
• Customer will report all incidents electronically in accordance with instructions that will be provided by BloomReach. In reporting each incident, Customer must provide the following information:

1. a description of the steps that Customer took that led to the incident;
2. a description of the operation that Customer believes did not perform properly;
3. a description of the operation’s result;
4. a description of the result expected by Customer; and
5. a description of any addition to or modification of the Software that became active in connection with the operation.

• BloomReach is obligated to provide Support only to the extent that BloomReach can reproduce the incident as described by Customer.
• BloomReach will provide all support services online, except to the extent that BloomReach determines that telephone communication is appropriate.
• Response time is defined as the time from when Customer’s authorized personnel report the incident to BloomReach until BloomReach responds to the Customer.

 

4. Severity Levels and Support Actions

 

Severity Level	Description	Support Actions
1	Production issue: The production system is severely impacted or completely shut down, or (system operations or mission-critical applications are down. Development issue: An application is in final testing, facing a critical time frame of going into Production Use and is severely impacted, or entire development efforts are blocked.	BloomReach promptly initiates the following procedures: (1) Assigns specialist(s) to correct the Error on an expedited basis; (2) Provides ongoing communication on the status of an Update; and (3) Begins to provide a temporary workaround or fix.
2	Production issue: The production system is functioning with limited capabilities, or is unstable with periodic interruptions, or mission critical applications, while not being affected, have experienced material system interruptions. Development issue: There is a time sensitive question impacting performance or deliverables, or  a major subsystem under development is blocked.	BloomReach assigns a specialist to begin an Update, and provides additional, escalated procedures as reasonably determined necessary by BloomReach Support staff.   BloomReach exercises commercially reasonable efforts to provide a workaround or include a fix in the next maintenance release.
3	Production issue: There are issues in fully operational production systems, or a need to clarify procedures or information in Documentation, or a request for a Product enhancement. Development issue: There are errors in system development that may impact performance deliverables, a need to clarify procedures or information in Documentation, or a request for a Product enhancement.	BloomReach may include an Update in the next maintenance release.

 

5. Scope of Product Support. BloomReach will provide all support services online unless BloomReach determines that telephone communication is more appropriate.

Product Support allows BloomReach-certified developers to contact BloomReach with questions regarding the Product. Product Support includes the following:

• Guidance through Q&A around implementation and configuration
• Assistance with issues during installation/implementation
• Assistance with issues during upgrade
• Support with root cause analysis of issues
• Identifying and creating bug reports regarding the Product

Product Support does not include the following items:

• Feature requests or product improvements for the Product
• On-site support;
• Non-English language support;
• Remote maintenance;
• Support on versions of the Product that are end-of-life, beta, release candidate or development releases;
• Customized versions of the Product;
• Third-party application integrations or plugins that are not part of the Product.
• Support for end-users;
• Support on deployment in on-premise infrastructure;
• BloomReach’s Additional Services such as:
  • Code or Architectural Reviews;
  • Onsite Consultancy;
  • Infrastructure Reviews;
  • System and Performance tuning; or
  • BloomReach Product and/or End-user Training.

 

6. Definitions

• “Error” means where the Product is not, or not fully, performing according to the Documentation;
• “Update” means any modification to the Product that BloomReach makes available to its Customers generally and will be subject to this Agreement