WM Synergy Software Maintenance and Support Agreement

1. Overview

WM Synergy offers maintenance and subscription support for software created by WM Synergy. This document outlines the scope of support services, delineates what is included as part of maintenance, and specifies the process for logging and addressing support requests.

2. Fees

a) Subscription Requirements: Customers may subscribe to the support agreement by paying the annual fee. The support fee for each successive (1) one-year term shall be due and payable no later than the last day of the current term.

b) Lapsed Agreements: Customers whose support agreements lapse will incur an additional fee to resume support.

c) Additional Software: WM Synergy reserves the right to adjust support agreement fees if customers purchase additional software during the current term.

3. Term and Warranty Period

a) Warranty Period: The warranty period begins upon the customer’s acceptance of the proposal and lasts for one (1) month. During this time, WM Synergy will provide support services related to the delivered software at no additional cost. These services are included in the fixed-cost installation and configuration setup fees associated with the proposal.

b) Initial Term: The initial twelve (12)-month term begins immediately after the warranty period ends. The support agreement term will run for (1) one-year, paid in advance

c) Renewals: The term of a renewal will be indicated on the renewal invoice. WM Synergy will endeavor to send a renewal notice before the expiration of the current term.

d) Termination: Support agreements will automatically terminate:

· Upon termination of the Software License Agreement.

· If the Customer fails to pay the current support fee by the due date.

e) Early Termination: Customers may terminate the support agreement early by providing a minimum of sixty (60) days’ written notice. Customers will be responsible for all fees incurred up to the effective termination date, including any prorated fees for the notice period.

4. Escalation of Fees

WM Synergy reserves the right to increase annual support fees. Any increases will be capped at the lesser of:

a) 5% annually, or

b) The year-over-year increase in the Consumer Price Index (CPI-U).

5. Scope of Support Services

Support services included in the agreement:

a) Support Requests:

· Support requests must be submitted through the WM Synergy Customer Care Portal.

· WM Synergy will provide acknowledgment of support requests within two (2) business hours during normal business hours, including a tracking number for reference.

· Initial assessment of the issue will be completed within two business days.

· A resolution or follow-up plan will be provided within five (5) business days following the assessment.

b) Included Support:

Software maintenance services included in the agreement are as follows:

· Bug Fixes: Addressing defects or issues in the software to improve performance and stability.

· Updates and Patches: Regular updates to enhance functionality and security, including patches for vulnerabilities.

· User Support: Providing assistance to users experiencing issues, including helpdesk support and basic troubleshooting.

· Phone Diagnostics: Conducting remote troubleshooting sessions via phone to diagnose and resolve straightforward issues. Additional time may be billed for complex calls based on the duration and complexity.

· Documentation Updates: Keeping user manuals and technical documentation current with the latest changes and features.

· Included Support: Assistance with resolving software defects and ensuring compatibility with related software upgrades.

c) Excluded Support

The following support services are excluded from the agreement:

· Custom Configurations or Enhancements: Requests outside the scope of software defects or compatibility issues are billable and subject to published Professional Services rates.

· Local Environment Configurations: Hosted systems and related information such as Windows patch and updates, SSL certificates, Printer configuration, 3rd Party companion software are not included in the maintenance agreement and should be handled by the customer’s IT team. WM Synergy is available for guidance, but this is not covered under the maintenance agreement.

d) Professional Services (Separately billable)

The following services are not included under the software maintenance agreement but can be provided as part of billable Professional Services:

· Professional Services: If WM Synergy’s Professional Services team is required for installation or configuration, services will be billed at standard rates.

· Consulting Services: Assessing client needs and recommending appropriate software solutions or improvements.

· Implementation Services: Assisting with the installation, configuration, and deployment of software applications.

· Customization and Development: Modifying existing software or developing new features tailored to client requirements.

· Performance Tuning: Optimizing system performance, which may involve complex SQL manipulation and reporting adjustments.

· Training and Workshops: Educating users and administrators on effective software usage and best practices.

· Migration Services: Supporting the transition from legacy systems to new software platforms, ensuring data integrity and continuity.

· Project Management: Overseeing software projects to ensure they are completed on time and within budget.

· Phone Diagnostics (Advanced): Engaging in in-depth diagnostic conversations with customers to analyze complex issues requiring professional insights. This service is billable based on time and expertise provided.

e) Software Releases

· Customers will receive point releases, updates, upgrades, Service Packs (minor patches resolving critical bugs), and/or enhancements that WM Synergy makes available to Support Agreement customers.

· Customers are responsible for the installation and configuration of updates, including related software and test systems.

f) Non-Current Versions: WM Synergy reserves the right to discontinue or modify support terms for non-current software releases or versions at its sole discretion.

6. Customer Responsibilities

To facilitate efficient support, customers are required to:

· Log all support requests through the WM Synergy Customer Care Portal for proper tracking and prioritization.

· Maintain updated contact information and provide all relevant details regarding the issue to expedite resolution.

7. Contact Information

For support requests, please use the following:

· Customer Care Portal: WM Synergy VISUAL Services Desk | Sign In