Site is a licensee of the CCPS software and wishes to engage FoundationCCC to provide support services on the terms and conditions set forth herein.
The capitalized terms used herein are defined as follows:
“Documentation” means any user guides, manuals, operator guides, installation guides, technical reference manuals, data dictionaries, source code annotations and other programming materials, and other similar materials applicable to the CCPS Software provided by FoundationCCC to Site.
“Error” means any failure of the Software to operate in all material respects, including any problem, failure or error referred to in the Service Level Table.
“Service Levels” means the defined Error severity levels and corresponding required service level responses, response times, Resolutions, and Resolution times referred to in the Service Level Table.
“Site” means an educational institution, hospital, or other paid user of CCPS services as defined in the CCPS Service Licensing Agreement.
“Site Cause” means any of the following causes of an Error, except, in each case, any such causes resulting from any action or inaction that is authorized by this Agreement, specified in the then-current specifications or documentation, or otherwise authorized in writing by FoundationCCC: (a) any negligent or improper use, misapplication, misuse, or abuse of, or damage to, the Software by Site or its Representatives; (b) any maintenance, update, improvement, or other modification to or alteration of the Software by Site or its Representatives; (c) any use of the Software by Site or its Representatives in a manner inconsistent with the then-current; (d) any use by Site or its Representatives of any Third-Party Products that FoundationCCC has not provided or caused to be provided to Site; or (e) any use by Site or its Representatives of a non-current version or release of the Software.
“SOW” means a written statement of work which is mutually acceptable to the parties that describes any FoundationCCC Services to be provided by FoundationCCC and/or any Site Services to be provided by Site which may be amended from time to time upon mutual agreement of the Parties.
“Support Hours” means 8:30 am to 5:00 pm five days a week, excluding public holidays.
“Support Period” means the Term and, if requested by Site, any period during which Site transfers the Support Services to an alternate service FoundationCCC.
“Support Services” means FoundationCCC’s support of the then-current version and release of the Software but excluding any Out-of-Scope Services.
- Contact List
To contact the Centralized Clinical Placements Help Desk, there are two methods for communication:
- 866-325-3222 ext. 123
- Support Services.
FoundationCCC shall perform Support Services during the Support Hours throughout the Support Period in accordance with the terms and conditions of this Agreement, including the Service Levels and other FoundationCCC obligations set forth in this Section 2.
- Support Service Responsibilities. FoundationCCC shall:
- Respond to and Resolve all Support Requests in accordance with the Service Levels;
- Provide an online repository of support information, including a set of frequently asked questions.
- Provide remote Support to Site during all Support Hours.
- Provide Site with online access to technical support bulletins and other user support information and forums, to the full extent FoundationCCC makes such resources available to its other customers; and
- Provide to Site all such other services as may be necessary or useful to correct an Error or otherwise fulfill the Service Level requirements, including defect repair, programming corrections, and remedial programming.
- Service Levels. Response and Resolution times will be measured from the time FoundationCCC receives a Support Request until the respective times FoundationCCC has (a) responded to that Support Request, in the case of response time and (b) Resolved that Support Request, in the case of Resolution time. “Resolve,” “Resolved,” “Resolution,” and correlative capitalized terms mean, with respect to any particular Support Request, that FoundationCCC has corrected the Error that prompted that Support Request, and that Site has confirmed such correction and its acceptance of it in writing. FoundationCCC shall respond to and Resolve all Support Requests within the following times based on FoundationCCC’s designation of the severity of the associated Error, subject to the parties’ written agreement to revise such designation:
TABLE 1: INCIDENT SEVERITY DEFINITION
|Severity 1||System down||Users are unable to access or use CCPS Software. No workaround is available.|
|Severity 2||Severe functionality loss||Significant decrease in functionality that impairs the functionality of CCPS Software. No workaround is available.|
|Severity 3||Limited functionality||Users can continue to access and operate key CCPS Software functions with reduced functionality, or a workaround is available for limited functionality.|
|Severity 4||Bug or documentation problem||Incident has minimal or no impact to key CCPS Software functions. This will include complaints from Users regarding accessibility.|
TABLE 2: INCIDENT RESPONSE TYPES
|Acknowledge||Acknowledgement of incident and assignment of incident tracking number (Response)|
|Follow-Up||Time interval between status updates (Based upon new information only and excludes the initial Site call)|
|Escalation||Length of time to notify proper contacts for resolution (Starts at time of Acknowledgement)|
TABLE 3: INCIDENT RESPONSE TIMES
|Business Impact||Acknowledge||Follow-up||Incident Resolution Approach|
|Severity 1||1 Hour or Less||2 Hours or Less||Will use commercially reasonable efforts to resolve, provide a workaround for, or make progress until service is restored, or until an interim remedy is implemented as agreed mutually between FoundationCCC and Site.|
|Severity 2||2 Hours or Less||4 Hours or Less||Will use commercially reasonable efforts to resolve, provide a workaround for, or make progress until service is restored, or until an interim remedy is implemented as agreed mutually between FoundationCCC and Site.|
|Severity 3||3 Hours or Less||6 Hours or Less||Will use commercially reasonable efforts to resolve, provide a workaround for, or make progress towards resolution within 5 calendar days|
|Severity 4||7 Calendar Days||14 Calendar Days||Will use commercially reasonable efforts to resolve, provide a workaround for, or make progress towards resolution within 14 calendar days|
- Time Extensions. The parties may, on a case-by-case basis, agree in writing to a reasonable extension of the Service Level response or Resolution times.
- Time of the Essence. FoundationCCC acknowledges and agrees that time is of the essence with respect to its performance under this Agreement and that FoundationCCC’s prompt and timely performance hereunder, including its performance of the Service Levels, is strictly required.
- Support Requests and Site Obligations.
- Support Requests. Site may request Support Services by way of a Support Request. FoundationCCC shall classify its requests for Error corrections in accordance with the severity level numbers and definitions of the Service Level Table set forth in Section 2.2 (each a “Support Request“). Site’s Technical Contact shall notify FoundationCCC of each Support Request by email, or such other means as the parties may agree to in writing. Site shall include in each Support Request a description of the reported Error and the time Site first observed the Error.
- Technical Contact. Site designates the individual(s) who will act as a direct liaison with FoundationCCC and be responsible for communicating with, and providing timely and accurate information and feedback to, FoundationCCC in connection with the Support Services (each such individual, a “Technical Contact“). The Technical Contact(s) will be the sole liaison(s) between Site and FoundationCCC in sending Support Requests.
- Site Obligations. Site shall, by and through its Technical Contact(s), provide the FoundationCCC with:
- Prompt notice of any Errors; and
- Reasonable cooperation and assistance to FoundationCCC to the extent reasonably necessary to assist FoundationCCC to reproduce operating conditions similar to those present when Site detected the relevant Error and to respond to and resolve the relevant Support Request.