Enterprise Support & Services Policy
Effective starting: March 28, 2019
This Enterprise Support and Services Policy (the “Policy”) governs Wetware’s provision of certain Additional Services and Training Credits in connection with its software and cloud offerings (“Wetware Products”). This Policy supplements the Wetware Cloud Terms of Service (each, the “Agreement”) and will control in event of a conflict with the Agreement relating to Additional Services. Notwithstanding the foregoing, Section 3 (Training Credits) specifies additional terms that govern our provision of Courses and Training Credits (defined below). Capitalised terms not defined in this Policy have the same meanings given to them in the Agreement, and “you” means the person or entity with a license or subscription to Wetware Products as defined in the Agreement.
1. Enterprise Support. If Enterprise Support services are included in the applicable Order, the following terms will also apply:
1.1 Description of Enterprise Support Services. “Enterprise Support” refers to Wetware’s Premier Support and Priority Support services. The description of the applicable Enterprise Support service, how it works, target Response Times, and coverage is located in the “Offering Details” for such service, which are located here for Premier Support services and here for Priority Support services. Enterprise Support services are performed remotely via phone, screen shares, tickets, chat and other electronic means and will not include travel to or time spent on your site. Enterprise Support does not include any software or software upgrades. For the avoidance of doubt, services not included in the Offering Details are not Enterprise Support services. The Offering Details and features are subject to change in accordance with the process set forth for changes to our policies in the Agreement.
1.2 Requirement to be Current in Maintenance. Enterprise Support requests are limited to Wetware Products that are covered under current and up-to-date maintenance periods. If you request Enterprise Support coverage on an Wetware Product that does not have a current and up-to-date maintenance period, then the request is excluded from the Enterprise Support offering until you bring your maintenance current.
1.3 Support Period. The Support Period will be indicated in your Order and will expire on the date indicated in your account. Upon expiration of the Support Period, you will no longer have access to Enterprise Support. The Support Period may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.
1.4 Onboarding Period. During an initial period after purchase, we will manually transition eligible tickets, calls, and support requests from standard support queues to the Enterprise Support queues until we configure the Required Information (as defined below) associated with your Enterprise Support account (the “Onboarding Period”). During the Onboarding Period we will make reasonable efforts to meet the Response Times specified in the Offering Details. We will continue to manually transition eligible support requests until we receive the Required Information from you and we configure it in our support systems. “Required Information” means (i) in the case of Premier Support, named contacts and domains; or (ii) in the case of Priority Support, SEN numbers.
1.5 Publicity. Upon mutual written agreement of the parties, you agree to be featured as the subject of a case study testimonial or white paper written by us as described in this Section 1.5. The testimonial or white paper will discuss your experience with Enterprise Support and may be published on our website, distributed in our marketing materials, or published in relevant media outlets. You will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.
2. TAM Services. If TAM Services are included in the applicable Order, the following terms will also apply:
2.1 Description of TAM Services.
(a) How the TAM program works. A Technical Account Manager (“TAM”) is a Wetware product specialist who serves as your key point of contact with us and who provides general advice and guidance on Wetware Products and related services (as further specified below). We will designate an individual to serve as your TAM. We may designate a new TAM for you from time to time, upon notice to you. The TAM will be available to provide Wetware TAM support services as further described below (“TAM Services”) to you during Business Hours (as defined below) for up to eight (8) hours a week during the TAM Services term (inclusive of direct support interactions and internal efforts on your behalf). TAM Services may be provided via e-mail or over the phone, as designated by us and on the schedule mutually agreed by the TAM and your Account Representatives. From time to time as set forth in the Datasheet (as defined below), or as otherwise may be requested by you and at your expense, the TAM may travel to your site for the purposes of attending business meetings. However, for the avoidance of doubt, the TAM will not render any TAM Services at your location at any time. “Business Hours” means 9am to 5pm in a mutually agreed primary location for service delivery on any day the Australian Stock Exchange is open.
(b) Account Representatives. You will designate up to two (2) individuals to serve as key points of contact with the TAM (the “Account Representatives”). You will submit all your requests through your Account Representatives, and we will rely and act upon each Account Representative’s instructions. You will ensure that your Account Representatives have baseline technical knowledge of the Wetware Products.
(c) Requirement to be Current in Maintenance. TAM Services are limited to Wetware Products that are covered under current and up-to-date maintenance periods. If you request TAM Services coverage on a Wetware Product that does not have a current and up-to-date maintenance period, then the request is excluded from the TAM Services offering until you bring your maintenance current.
(d) What the TAM does. A full description of the TAM Service delivery is available in the TAM Services Datasheet (“Datasheet”). Actual areas of advice and guidance will depend on your requests and needs. We may update the list of TAM Services from time to time upon notice to you. Topics not listed in the Datasheet are outside the scope of TAM Services.
(e) What the TAM does not do. The TAM will not:
• Be responsible for implementing your projects;
• Provide any guaranteed influence on our road-map; or
• Provide customisations or modifications to the Wetware Products.
2.2 Limits on TAM Services. You acknowledge that the TAM Services fee is to secure the availability of the TAM as well as the time and effort spent by the TAM on TAM Services. Hours not consumed in a given week cannot be banked, accumulated or saved for subsequent weeks. While we will use commercially reasonable efforts to provide TAM Services in a professional manner and to address your requests, we do not guarantee that we will resolve all requests.
2.3 TAM Services Term. The TAM Services Term shall all be indicated in your Order. The TAM Services Term starts on the TAM Services start date indicated in your Order. Upon expiration of the TAM Services Term, you will no longer have access to the TAM Services. The TAM Services Term may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.
2.4 Publicity. Upon mutual written agreement of the parties, you agree to be featured as the subject of a case study testimonial or white paper written by us as described in this Section 2.4. The testimonial or white paper will discuss your experience with the TAM Services and may be published on our website, distributed in our marketing materials, or published in relevant media outlets. You will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.
3. Training Credits. If Training Credits are included in the applicable Order, the following terms will also apply. “Training Credits” are prepaid funds of the dollar amount shown on the quote referenced in the applicable Order, to be applied against your purchase of Wetware-sold training and certification programs (“Courses”) as detailed on during the Eligibility Period (defined below). Courses and Training Credits are subject to Wetware’s Training Terms and Policies (“Training Terms and Policies”), subject to the terms below. In the event of a conflict or any inconsistency between the applicable Order and the Training Terms and Policies, the Order will control. For clarity, Courses and Training Credits are not subject to the Agreement. To redeem Training Credits, you must make your purchase through our designated order flow and consume Courses through our designated platform in accordance with each Course’s availability timetable. Training Credits may not be applied against other purchases and cannot be combined with cash to purchase Courses. You are responsible for managing your training accounts and for any redemptions made using your accounts. Training Credits are applied against our standard training fees at the time of purchase of the Courses. Training Credits expire twelve (12) months from the Order effective date (“Eligibility Period”), regardless of the actual purchase date. Unused Training Credits, including Training Credits that are redeemed but unconsumed, do not roll over and are non-transferable, non-creditable and non-refundable. You may purchase additional Training Credits to be used during the Eligibility Period, as mutually agreed in a subsequent Order.