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Tentech Software Maintenance Program Handbook

Updated December 2023


1. Definitions

  • “Classification”, “Classified” or “Classify” refers to the Tentech designated priority of the Support Request.

  • “Covered Software” shall mean the licensed software for which maintenance services shall be provided under this Handbook including all documentation provided or made available.

  • “Current Maintenance” – a defined period of time from the release date of the Covered Software which includes:

    • Unlimited number of Support Request submissions

    • Product Patches and/or Releases

    • The ability to request enhancements or new features and report Errors

    • Requires customer active software maintenance and annual renewal

  • “Days” refers to business days, which are 5 days x 7.2 hours Monday through Friday, except for regional statutory holidays.

  • “Documentation” refers to user guides, operating manuals, and release notes in effect as of the date of delivery of the applicable Covered Software, made generally available to Tentech’s end users by Tentech.

  • “Error” refers to any verifiable and reproducible failure of the Covered Software to perform substantially in accordance with its accompanying Documentation, as applicable, for such Covered Software.

  • “Expiration” shall mean the ending of a Term whether occurring through termination or cancellation.

  • “Initial Term” refers to the twelve months beginning on the Start Date.

  • “Product Patch” refers to an additional software program to correct an Error of the Covered Software.

  • “Points of Contact” or “POC” refers to your designated individual employees who are authorized to contact the Tentech support team.

  • “Production Mode” refers to the use of the Covered Software as intended by its accompanying Documentation, by your users as part of business or service operations. Production Mode does not include development, quality assurance, demonstration, testing, staging or training environments.

  • “Release” refers to the finalized and released software.

  • “Resolution” refers to taking the necessary action to correct an Error such that the Covered Software is operating in accordance with the Documentation. This could include, but is not limited to, creating a new or applying an existing Workaround (provided that Tentech will pursue a permanent fix, if commercially reasonable), or Update.

  • “Response Time” refers to the amount of time that is measured from the time a Support Request is received by Tentech until the time when a technically qualified member of Tentech responds to you for the purpose of commencing the work necessary to achieve Resolution of the Support Request. The response time for an SR is determined by its Classification, the Tentech support program(s) the customer subscribes to, and the time when the SR was submitted to Tentech during a business day.

  • “Start Date” refers to the initial date for the commencement of customer’s Tentech Software Maintenance Program which is on the date the Covered Software is initially shipped or otherwise made available from Tentech to you.

  • “Subsequent Term” refers to the 12-month term commencing on the first anniversary of the Start Date and each subsequent 12-month term commencing on an anniversary of the Start Date.

  • “Support Request” or “SR” refers to the initiation of a record or “ticket” documenting the details of the service request or incident.

  • “Support Services” refers to the following activities: an initiation of a Support Request, Tentech’s response to the Support Request, and a Resolution of the Support Request.

  • “Term” refers to either the Initial Term or a Subsequent Term.

  • “Update” shall mean Product Patch or Release of the Covered Software, which will be provided by Tentech to the customer in accordance with this Handbook.

  • “we” or “our” refers to Tentech.

  • “Workaround” is a manner of addressing an Error by bypassing the problem in the system (software technical bypass). A Workaround is typically a temporary fix and Tentech may subsequently correct the Error in the Covered Software and / or the programs through a Product Patch or an Update.

  • “you”, “your” or “customer” mean the entity that licensed the Covered Software from Tentech and is purchasing Tentech Software Maintenance services.

 

2. Support Services
 

2.1 GeneraI
2.1.1 Hours and Tentech Support Services Location Information
Support Services are available Monday through Friday 9am to 5pm (AEST) for all support requests, except for regional statutory holidays. Communication relating to an SR will be made in English.
2.1.2 Point(s) of Contact
Support Services are provided to your Point of Contact (POC). The POCs must have knowledge of, and the administrator permissions for, the Covered Software sufficient to provide Tentech customer support with the information and undertake actions required to achieve a resolution of the SR as described below. POCs are generally the administrators and other members of your technical staff.
You may designate up to three POCs for each support renewal contract.
2.1.3 Software Updates
Releases to Covered Software will be made available to you as part of the Tentech Software Maintenance Program at no additional charge if and when such Releases are generally released to all Tentech Software Maintenance Program subscribers.
You are encouraged to run the most recent Release of the Covered Software. In most instances, Tentech will support each Release of the Covered Software for a period of thirty six (36) months after the Release is generally made available to Tentech’s customers (Current Maintenance). After Current Maintenance, no new Product Patches and Releases are released for general use.
Migration to a Current Maintenance Release may be required in order to address an issue. If you are unable to update to a subsequent Release under Current Maintenance, Tentech may offer extended support and maintenance options at an additional cost.
2.2 Initiation of a Support Request
Support Services are provided under the Tentech Software Maintenance Program to address incidents reported by subscribers associated with performance or usage issues. Performance and usage issues are situations where the Covered Software is not performing substantially in accordance with the Tentech Documentation. Generally speaking, performance and usage issues may be caused by: 1) software Error or defect (related to the design, coding or architecture of the Covered Software), 2) usage or configuration Error (related to usage of the Covered Software or the installation, configuration or setup of the Covered Software), or 3) environmental Error (related to the subscriber’s network, hardware and operating systems). SRs for Support Services to address any issues should be initiated by a POC in email to support@tentech.com.au.
2.3 Tentech Response to a Support Request
2.3.1 Support Request Dispatch
Support Requests will be dispatched as follows:
a. If the SR involves Tentech Covered Software, then a SR will be forwarded to Tentech Customer Support for Classification and Resolution (described below).
b. If the source of the SR is unclear, the ticket will be forwarded to Tentech customer support for further investigation and, once the source of the SR is determined, it will be dispatched as described above in sections 2.3.1 (a).
c. If the source of the SR is your hardware, operating system, database, web server, browser software or other non-Tentech application, Tentech may, where possible, attempt to provide a Workaround (described below) and/or may, where possible, report the problem to the appropriate vendor for Resolution. If the SR involves a product that is developed by a third party, the SR may be referred to that third party.
2.3.2 Support Request Classification and Response Times

2.4 Resolution of Support Request
Tentech customer support shall attempt to address each SR, regardless of Classification, through the offering of technical advice, by locating an existing Workaround or by creating a new Workaround using the process described below in this Section 2.4. In the event of an outage, and depending on the cause and duration of the outage, Tentech may require the customer to restore from backup in order to return the system to a production state.
If a Product Patch is provided to you to resolve an SR, distribution of the Product Patch will be carried out through the next scheduled Release.
2.4.1 Resolution of Critical SR’s
For SR’s Classified by Tentech as critical which have been caused by defects in the Covered Software, if the technical advice provided by Tentech customer support has not resolved the SR, and if no Workaround can be found or created to resolve the SR, Tentech customer support will use commercially reasonable efforts to develop a Product Patch to address the SR and provide it to you.
2.4.2 Resolution of Serious SR’s
For SR’s Classified by Tentech as serious, Tentech may develop a Product Patch or may address this in a future Release.
2.4.3 Resolution of Normal SR’s
Resolution of SR’s Classified as normal may be included in a future Release from Tentech.
2.4.4 Conditions of a Support Request Resolution
Tentech customer support shall attempt to address each SR, regardless of Classification; Tentech will have no obligation to provide a Resolution for your SR as described above unless:
• You are running a Release of the Covered Software which is under Current Maintenance and you have installed and implemented all of the most recently available relevant Updates or you do so at the request of Tentech customer support. Tentech customer support will make that request if it reasonably believes that the installation and implementation is necessary to achieve Resolution of your SR;
AND,
• You are using the Covered Software on hardware and with third party software approved by Tentech or as specified in the Documentation; AND,
• The SR has, as determined by Tentech, not been caused by you, including, but not limited to your use and/or configuration of: (a) development tools; (b) a third party resource; and (c) the operating environment in which the Covered Software is implemented, including, among other things, the operating system, database, other applications, services, or programs, communication networks, or hardware; AND,
• Your POC is available to actively participate with Tentech on diagnosis, testing, and Resolution. Tentech reserves the right to suspend its obligations under this Handbook during any time(s) in which a competent POC is unavailable for such participation; AND,
• You have provided Tentech with all of the information necessary to allow Tentech to reproduce the SR.
 

3. Limitations
 

The following limitations apply to the Tentech Software Maintenance Program:
• The Tentech Software Maintenance Program as described in this Handbook only applies to the Covered Software as is described in the Tentech Documentation, and does not apply to any modifications, deliverables, or services provided by Tentech’s professional services staff or by third party resources which results in the alteration or extension of the Covered Software. Customer may engage Tentech’s professional services for fee-based assistance under separate agreement.
• Tentech reserves the right to modify any portion of this Handbook at its sole discretion and without prior notice.
• Nothing in this Handbook purports to exclude, restrict or modify, any condition, warranty or guarantee implied by applicable law (“Implied Terms”) where to do so would have the effect of rendering all or any part of this Handbook void or otherwise unenforceable. To the maximum extent permitted by applicable law, Tentech’s liability for breach of any Implied Terms is limited to the resupply of the Tentech Software Maintenance services.
• Tentech’s obligation to address SR’s and/or performance issues shall be strictly limited to those obligations described in this Handbook.
• The Tentech Software Maintenance Program does not provide for dedicated assistance with issues encountered as a result of implementing major changes to the technical architecture of the Covered Software (for example, Updates to the application, underlying database, addition of new hardware, etc.).
• Tentech is not responsible for providing Support Services for third party products resold by Tentech to the extent that addressing SRs is dependent on unresolved issues with third party products including, but not limited to, unavailability of third party support.


4. Term and Renewal
 

The Initial Term for Tentech Software Maintenance Program is twelve months beginning on the Start Date. Unless either party provides 90 calendar days written notice prior to the expiration of the current term, the Tentech Software Maintenance Program will automatically renew for a Subsequent Term on an annual basis, commencing each anniversary of the Start Date. Before the commencement of a Term, you will be obligated to pay the applicable entire annual Tentech Software Maintenance Program fee with respect to the Covered Software which you have licensed from Tentech, failing which Tentech may suspend some or all of the Tentech Software Maintenance Program services until payment has been received. Such suspension shall not relieve you from your obligation to pay the applicable Tentech Software Maintenance Program fee. All fees paid for the Tentech Software Maintenance Program are non-refundable.

5. Onsite Assistance
Onsite support is available as a fee-based service for Tentech products and solutions, provided under a separate agreement. This service may include, but is not limited to, Workarounds or assistance with configuration changes as part of the Resolution of an open SR.

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