Support Policy (v1.3)

Annual Maintenance Contract

This Support Policy describes what support you can expect from us in AMC.

1. We only provide support services through email and issues raised on the www.dexciss.com portal. 

2. We do not provide our support service through any other communication platforms like WhatsApp, phone calls, or others.

3. You need to submit a ticket/ issue on the erp.dexciss.com portal. our team will respond to your issue as per the service level agreement defined.

4. You can track your issue status on the portal. We may ask you to send us your login details if we need them for testing purposes.

5. The information you share with us through these tickets, is confidential. Only you and our support team will see your ticket.

6. We highly appreciate it if you don't contact our development team.

7. For any queries, concerns, and suggestions you can connect with us at help@dexciss.com

8. Our general support timing is 9:00 AM to 18:00 PM IST (Monday to Friday).

9. Our actual response times may vary and we may take longer to respond to more advanced or technical issues.

What Our Support Service Covers

Our support service includes-

1. Minor functional training (Maximum 2hrs/month)
2. Bug fixes (Technical Error)
3. Patches
4. Version Upgrade (Example V.13.34.1 To Latest version)
5. Server Updates (Customisation deployment on test and live server once in Month)

Detailed Software Maintenance & Support Agreement

This agreement (“Support Agreement”, “Software Assurance”, “Agreement”) is for the purpose of defining the terms and conditions under which Technical Support, Maintenance, and Software Upgrades will be provided by Dexciss Technology Pvt Ltd(“DTPL”) to the Licensee for the support of Software application implemented or developed by Dexciss Technology (“Software”).

DTPL Responsibilities

DTPL will notify the Licensee of any material defects or malfunctions in the Software or related documentation that it learns from any source. These material defects will be published in one of the following methods: DTPL’s website, email, telephone or written letter. DTPL will, from time to time, supply Licensee with copies of the Software and relevant documentation revised to reflect significant updates and enhancements to the software made by DTPL, if any, during the period of this Agreement. Such enhancements may include, without limitation, modifications to the Software that increase its speed, efficiency, and/or ease of operation. Within a reasonable time after being given written notice thereof, DTPL will correct inherent material errors in the Software that are not caused by the Client's misuse, improper use, alteration or damage of the Software. DTPL will supply Licensee with reasonable means of accessing modifications and enhancements to the Software, through the use of a network download. DTPL is not obligated under this Agreement to perform on-site installation of modifications and enhancements.

Licensee Responsibilities

The licensee agrees to comply with all requests of the DTPL and to provide access to all documents, files, computers and servers necessary to the performance of the DTPL’s duties under this Agreement. The licensee agrees to follow the DTPL’s minimum hardware and software requirements in order for the Software to function properly in a production environment. Licensee agrees that DTPL is not responsible, nor obligated to change Software due to Licensee’s change in business practices, policies, or procedures. However, Licensee may request new features or upgrades to accommodate all or part of said practices, polices or procedures. Licensee shall provide to DTPL all data that is relevant for resolving each support request. Relevant data may include, but is not limited to, log files, database dumps, program scripts, descriptions of the hardware and software environment, examples of inputs, and expected and actual outputs. Licensee acknowledges that it is the sole responsibility of the Licensee, at all times, including specifically during all service functions performed by DTPL pursuant to this Agreement and undertaken on the Licensee's local installation of the supported Software, to protect and maintain an up-to-date and restorable backup of any and all databases, files, utilities, software and other systems which DTPL's staff may directly access or in connection with which DTPL's staff may offer advice. Licensee represents and warrants to DTPL that it: (a) is engaged in a lawful business enterprise; (b) is not a competitor or competing organization with a similar product; (b) can form legally binding contracts and is authorized to enter into this Agreement; and (c) is in compliance with all applicable laws appropriate to its location of business and nature of work.

Technical Support

The Licensee may open a new Support Incident by creating a ticket in the portal, emailing a technical support engineer or submitting a form online. Support assistance may be delivered by telephone, email, and/or remote assistance via a web meeting. DTPL will respond to the Support Incident in accordance with the Support Response Times section. Support will be provided to the Licensee for assistance with software bugs, repair of known issues, troubleshooting of software malfunctions, installation and deployment, general questions, end-user questions, software administration and best practices procedures. DTPL is not responsible for the software or hardware of third parties, but may, at the discretion of the support engineer, assist in troubleshooting these third-party hardware/software issues. DTPL will supply user license copies of any of these updates and/or enhancements without additional charge. DTPL will give reasonable assistance to Licensee in installing and operating any new release or enhancement.

Software Maintenance

During the term of this agreement, DTPL will provide the Licensee with copyrighted or open-source patches, bug fixes, and releases of the Software along with other generally available technical material. These maintenance materials including the Software will continue to hold the original license of the underlying framework. The Licensee agrees not to use, sell or transfer the prior version but to destroy or archive the prior version of the Software. All patches, bug fixes, and releases shall be subject to the license agreement related to the Software.

Software Upgrades

DTPL will provide the Licensee with all minor/major software version releases during the term of this Agreement. The licensee agrees that the releases of software upgrades are at the sole discretion of the DTPL and shall follow the DTPL’s internal quality standards. Further, DTPL will choose software features to be depreciated or included. Shall the Licensee receive a software upgrade after the Anniversary Date of the current agreement, this shall constitute the Licensee’s consent to renew or engage in a new Support Agreement according to the Terms Section below. Licensees not engaged in a current Agreement will be required to purchase an upgrade at a rate of the DTPL’s current upgrade pricing.

Support Hours

DTPL will provide support Monday through Saturday from 9:00 AM to 6:00 PM IST with the exception of DTPL holidays. If Licensee requires support outside of normal support hours, this can be arranged on a case-by-case basis at an additional cost. An emergency 24x7x365 telephone contact will be provided for P1 Incidents (see Support Priority Definitions), database, or server connectivity if the Licensee is subscribed to a Dedicated Hosting Agreement.

Support Priority Definitions

A priority issue may only be reclassified to a lower or higher priority issue, upon the prior approval of DTPL’s Support Manager. Priority Issues are classified into P1, P2, and P3.

Priority Issue (“P1”), High Severity

• Any fault which causes failure of a critical feature

• Significant loss of visibility of application performance or irreparable loss of data within the application (such as connectivity to the host server)

• Licensee declared critical issue with the concurrence of Licensee and DTPL management

• Any fault that keeps the system from meeting significantly documented standards or performance specifications

• Any fault that keeps the system from meeting regulatory and safety standards

• Discovery of application bug with NO short-term workaround

Priority Issue (“P2”), Medium Severity

• Any fault which causes failure of a non-critical feature of the application

• Application is running at a degraded capacity with the potential risk of losing critical data

• Failures in application performance that requires additional dedicated resources to maintain core application elements

Priority Issue (“P3”), Low Severity

• Loss of administrative capabilities (non-P1/non-P2)

• Loss of full feature functionality (non-P1/non-P2)

• Discovery of application bug with a short-term workaround

• Any remote upgrade or support not associated with the resolution of a P1 or P2 issue

Support Response Times

P1 – High < 1 business days

P2 – Medium < 3 business days

P3 – Low < 5 business days

Unresolved Calls

Not all calls may be resolved while the technician is on the phone. Some calls require testing and/or assistance from our programming department to resolve. DTPL will keep the designated contact person updated as to the status of the open call if the problem cannot be resolved while on the phone with the technician.

Confidential Information

All information relating to Licensee that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by DTPL and will not be disclosed or used by DTPL except to the extent that such disclosure or use is reasonably necessary to the performance of DTPL's Work. All information relating to DTPL that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Licensee and will not be disclosed or used by Licensee except to the extent that such disclosure or use is reasonably necessary to the performance of Client's duties and obligations under this Agreement. These obligations of confidentiality will extend for a period of 12 months after the termination of this agreement, but will not apply with respect to information that is independently developed by the parties, lawfully becomes a part of the public domain, or of which the parties gained knowledge or possession free of any confidentiality obligation. Licensee agrees not to directly or indirectly reverse engineer, decompile, replicate, or reproduce any or all parts of the software, including but not limited to its screens, database, database structures, executable programs, libraries, images, or scripts.

Entire Agreement

This Agreement together with any attachments referred to herein constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement by any representations or promises not specifically stated herein.

Warranty

DTPL will undertake all reasonable efforts to provide technical assistance under this agreement and to rectify or provide solutions to problems where the Software does not function as described in the Software documentation, but DTPL does not guarantee that the problems will be solved or that any item will be error-free. This agreement is only applicable to DTPL Software running under the certified environments specified in the release notes for that product. DTPL will provide the Licensee with substantially the same level of service throughout the term of this agreement. DTPL may from time to time, however, discontinue Software products or versions and stop supporting Software products or versions one year after discontinuance, or otherwise discontinue any support service. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. DTPL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES.

Termination

This agreement may be terminated for non-payment or material breach. Fees paid or due are nonrefundable unless. Termination of this agreement may only be made by a designated contact listed in the Designated Contacts section of this agreement. Upon termination of this Agreement, Service Provider shall have no further obligation to provide any Services hereunder to Licensee.

Intellectual Property

DTPL will retain ownership of all proprietary rights in the Software, including certain rights if any, that DTPL has pursuant to license from another party. Upon full payment of the fees set forth in this Agreement, DTPL will grant to Licensee a non-exclusive license to use the Software in its own business. The licensee is not authorized to sell, transfer or license the Software or rights thereto to any other person or organization. Limitation of Liability Neither party will be liable to the other for special, indirect, or consequential damages incurred or suffered by the other arising as a result of or related to the performance of DTPL's Work, whether in contract, tort, or otherwise, even if the other has been advised of the possibility of such loss or damages. Licensee will indemnify and hold DTPL harmless against any claims incurred by DTPL arising out of or in conjunction with Client's breach of this Agreement, as well as all reasonable costs, expenses, and attorneys' fees incurred therein. DTPL's total liability under this Agreement with respect to the Work, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by Licensee to DTPL during the six (6) month period prior to the date the claim arises. Assignment Licensee will not assign this Agreement, in whole or in part, without the prior written consent of the other party. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein.

Arbitration

Both Parties shall make every effort to resolve all differences amicably taking into consideration the cause for which the parties have purposed to work together. In the event of any unresolved dispute, the same shall be settled in accordance with the Indian The Arbitration and Conciliation (Amendment) Act, 2019 by appointing a sole arbitrator with mutual consent. The decision of the arbitrator shall be final. The parties shall bear their own individual costs and the costs of the arbitration shall be borne equally by the parties. The venue of arbitration and the seat of arbitration shall only be in Pune in India. The courts of Pune, India shall have exclusive jurisdiction on the matters arising from or in connection with this Agreement. This Agreement shall be governed by and construed under the laws of India. The language of the arbitration shall be English.

Waiver

No failure or delay by DTPL in exercising any right under this Agreement will constitute a waiver of that right.

Force Majeure

You understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance, and in particular, the performance of the Service or fulfillment of an Order or Instruction. These occurrences and events include but are not limited to: acts of God; acts of government; acts of war; acts of public enemies; acts of terror; strikes or other labor problems; pandemics; epidemics; floods; fires; earthquakes; civil unrest; riots; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hardware failures; hacking, denial of service or ransomware attacks; actions of the elements; or other causes beyond the control of DTPL in the performance of this Agreement. Upon the occurrence of such event or effect, You agree to excuse performance under this Agreement and not hold DTPL liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute a default or give rise to any liability for damage.