Support Services Terms & Conditions

Introduction


This document describes The Terms & conditions by which the Client will receive support services from the Support Provider for software products licensed to the Client by Gemini CAD Systems.
Support Services are provided in one of the following situations:

  • DURING WARRANTY FOR LIFETIME LICENSES: as part of the warranty benefits when purchasing a lifetime license for Gemini software
  • DURING LICENSE SUBSCRIPTION: as part of the benefits when using a subscription license for Gemini software
  • DURING UPDATE SUBSCRIPTION: as part of the benefits when contracting a Software Update Subscription
  • WHEN PURCHASED through a Support Subscription


These various situations in which the Client benefits from Support services are defined by corresponding contracting documents which should be read alongside this document, as follows:

  • The Licensing Certificate for lifetime licenses
  • The Software Licensing Subscription Agreement for rented licenses
  • The End User License Agreement
  • The Software Update Subscription Agreement
  • The Terms & Conditions for Software Update Subscription


Support services are provided for a defined list of software licenses which benefit of support under one of the above-mentioned cases, and this list shall be clearly stipulated in the contracting document (Support Subscription Agreement, Licensing Certificate, Update Subscription Agreement)
All above documents are presented to the client and must be accepted by the Client during contracting this service online from the Gemini CAD Systems throughs its customer portal platform, MyCAD – accessible at https://mycad.geminicad.com
Although these Terms & Conditions cover key elements of the support services, the above-mentioned documents may include areas and conditions not covered by these Terms & Conditions, which will be interpreted as complementary to these Terms & Conditions.
These Terms & Conditions cover only Gemini CAD Systems software products and does not refer to any other software or hardware products or services used by the Client.
The Support Provider acknowledges that the Client depends on the software products which are the subject of the support services. Some of these items are of critical importance to the business. This Terms & Conditions sets out what levels of availability and support the Client is guaranteed to receive for specific software products. These Terms & Conditions represent an important part of the contract between the Client and the Support Provider. It aims to enable the two parties to work together effectively.

Definitions

Applications

The software components produced by Gemini CAD Systems and sold by the Support Provider or directly by Gemini CAD Systems, used by Client to perform specific tasks to its business

Gemini CAD Systems Technology

Technology of Gemini CAD Systems, including its services, content, software, hardware, algorithms, user interface designs, architecture, class libraries and any related intellectual property rights and also including any derivatives, improvements, enhancements or extensions

Client

The entity that agrees upon these Terms & Conditions and receives services from the Support Provider

Service Contractor

Gemini CAD Systems

Support Provider

Gemini CAD Systems or a third-party entity appointed by Gemini CAD Systems to provide support services to clients in behalf of Gemini CAD Systems

Environment

A subset of the IT infrastructure that is used for a particular purpose – for example, production environment.

Error

Means an error in the software, which causes the software not to perform substantially in accordance with the specifications, as set forth in the software documentation or to stop working (crash)

Hot Fix

Means a temporary solution to an error in a specific release that is delivered separately and does not constitute a maintenance release by itself

Incident

Means an unplanned interruption or reduction in the quality of a service or use of an application. Also, a digital data object that is created for every Request of a Client to the Service Desk. It contains all information about the settlement of the Request including the time registrations.

Release

Means one or more changes to software or a service that are built,
tested and deployed together. A single release may include changes to hardware, software, documentation, processes and other components.

Resolution Time

Means the time from which the Support Provider is notified of a Support Request to the point in time when the Support Request is resolved, or an acceptable workaround is devised and in place and the Client is informed of the resolution

Response Time

Means the time from which the Support Provider is notified of a Support Request to the point in time when Support Provider starts working on the Support Request and is marked by an e-mail message sent to the Client

Service Desk

Means the platform that is used as the single point of contact between the Support Provider and the Client in relation with providing the support services. The Service Desk manages Support Requests and handles communication with the Client. The Service Desk platform is a web application hosted by Gemini CAD Systems and can be accessed only using Gemini Account credentials by users authorized by the Client. All support services received by Client from the Support Provider shall be performed using this platform. For maintaining a transparent process and traceability of issues, it is mandatory for both the Client and the Support Provider to register and manage any communication regarding support services using this platform, even if the communication was initiated between parties through another method or channel. The web address of the platform is http://servicedesk.geminicad.com

Support Request

Means a formal request, received by the Service Desk, for a task or action to be performed, an incident to be investigated, or for information to be provided.

Workaround

Means a temporary problem-avoiding solution to an error, dedicated to solving a problem for a specific release of the software, which is intended to enhance, extend and increase the functionality and/or performance of the software.

Public holidays

Public holidays in the territory of the Support Provider are excluded from the committed service level. Every year, in the first week of January, the Support Provider will inform the Client of the public holidays list. The national holidays on the territory of the Support Provider are also exhibited on Service Desk platform.

Exclusions

These Terms & Conditions are written in a spirit of partnership. The Support Provider will always use its best efforts to provide the requested support in a timely manner. However, there are few exclusions. These Terms & Conditions do not apply when:

  • The problem has been caused by using software or service(s) in a way that is not recommended
  • The Client has made unauthorized changes to the configuration or set up of affected software or services
  • The Client is using as input for the software or services converted proprietary files created in other systems. Instead of this practice, the Client is advised to use standard data transmissions formats
  • The Client has prevented the Support Provider from performing required maintenance and update tasks
  • The issue has been caused by unsupported equipment, software or other services
  • These Terms & Conditions do not apply in circumstances that could be reasonably said to be beyond the supplier's control.
  • These Terms & Conditions do not apply unless the Client also has a valid, active Update Subscription agreement with Gemini CAD Systems and the Client has already installed one of the last two Available Updates of the software.
  • These Terms & Conditions also do not apply if the Client is in breach of its contract with the Support Provider for any reason (e.g. late payment of fees)

Process of providing support services


A typical support process starts when a problem / an issue / an incident is reported and addressed for resolution by the Client, using the Service Desk platform. This action means the Client initiates a ticket. The ticket can go through multiple workflow stages as described below. The Response Time and the Resolution Time are only counted for when the ticket awaits action from the Support Provider. In short:

  1. Waiting for support – the issue was just submitted or changed by Client and was not taken into consideration by Support Provider support team yet
  2. Waiting for Client – issue was updated by Support Provider and awaits reaction from Client. Either a resolution was provided, and confirmation is required from Client, or more information is needed for Support Provider in order to continue investigations
  3. Escalated – Client is not satisfied with the solution given by Support Provider and seeks for a higher authority inside Support Provider organization. A ticket can only be escalated two times.
  4. In progress – issue addressed by the Client is being assigned to one of the Support Provider's Support Team members and is being investigated
  5. Pending – the issue is pending for external conditions to be met. E.g. another ticket
  6. Canceled – the issue is no longer of interest for Client or was misreported
  7. Resolved – a resolution was provided by Support Team and awaits final confirmation from Client
  8. Closed – the solution was accepted in a timely manner by Client


At any stage of those above the Client is able to check the ticket, add comments and read comments about the issue written by the Support Team. It is expected for the Client to answer the questions about the ticket sent by the Support Provider in a timely and honest manner. Any delay in the resolution of the ticket caused by poor communication from Client-side is not to be accounted as a breach in applying these Terms & Conditions.
The Business Impact / Severity of a support ticket is set according to the guidelines listed below. Since it is not possible to define every possible condition or technical situation, these guidelines can only provide guidance and any disagreement between Client and Support Provider is handled through escalation procedures.

Incidents types and severity


The Client can register on the Service Desk platform and can expect answers from Support Provider for the types of incidents detailed bellow. Each incident recorded by the Client on the Service Desk will generate a ticket.
Support tickets are categorized according to severity or business impact. These two terms are interchangeable in communication between Client and Support Provider. Support Provider support efforts are prioritized based on the business impact of the issue, and on the support level (Standard or Premium) of the Client organization. Bugs, Licensing and Commercial support requests within a severity level are generally processed on a first-come, first-served basis. Critical and High business impact requests will be processed out of turn. When an incident is reported, the Client is asked to perform a self-assessment of the Severity Level. This initial Severity Level provided by client will influence the reaction time of the Support Provider. The Support Provider will update the Severity Level of the incident, based on the instructions of the Support Agreement and the additional information provided by the Client, when requested.
When submitting a support ticket, Client is requested to provide detailed information (such as name and version of the product, platforms, characteristics of the computer, steps to reproduce in the workflow, exact error messages, logs, changes made to the system or environment prior to the issue, etc.) as requested by the Support Provider support staff in order to properly identify and diagnose the issue and speed up response and resolution of the ticket. Failure to provide this information upon request may result in delay of support assistance not accounted as a breach in applying these Terms & Conditions.

  1. Errors (Bugs) – Malfunctions of the software which cause the software not to perform substantially in accordance with the specifications, as set forth in the software documentation or to stop working (crash)
    • Critical Severity Error - Software application down or major malfunction resulting in a product inoperative condition. Identified problems happen in a systematic way, not only for a specific set of data. All issues already classified and addressed with a workaround communicated to the Client will not be considered as Critical. One of the following scenarios is identified:
      • Client users are unable to perform their functions at all because applications covered by Support Services are not functioning and there are no workarounds already known by the Client
      • Client users are experiencing data loss when using the applications covered by Support Services
      • Contracted Cloud services are not accessible to the Client because cloud applications have malfunctions, or the client cannot login. The Support Provider will not be hold accountable for third parties blocking the access of the Client to cloud services endpoints.
    • High Severity Error
      • A major functionality is broken or misbehaving, but does not lead to data loss or file corruption
      • Client workflow is affected and cannot be performed completely or requires manual steps or corrections
      • Functions needed by the Client are gone, missing, not displaying at all
      • Significant geometrical elements are not displayed in CAD files
    • Medium Severity Error
      • The defect causes the system to produce incorrect, incomplete or inconsistent results but all major functionalities are usable
      • Functions of the applications are performed in a slow manner, generate overhead for the Client, but do not affect correctness of data and do not block the process
      • Web applications have layout and/or usability issues, broken links
    • Low Severity Error
      • Display problems
      • Incorrect order of items inside lists
      • Misspelling, font variance
      • Wrong text or incorrect translation
  2. Usability inquiries – The client needs help or advice on issues not related to errors, such as using a certain function or in applying it to a specific case or configuring various parts of the software to ensure compatibility and data exchange with other systems
    • Medium Severity Usability inquiries not related to errors, referring to compatibility and data exchange with other systems
    • Low Severity Usability inquiries not related to errors, referring to help or advice on issues, such as using a certain function or in applying it to a specific case
  3. Licensing & Commercial inquiries – The Client needs assistance in downloading, installing or activating a purchased software, clarifying payments and billing issues, in accessing or using MyCAD portal and its related applications, managing users and organization data,
    • Critical Severity Licensing Problems in activating a purchased software or update, including downloading, installing, activating the dongle or in accessing a contracted cloud service
    • High Severity Commercial inquiries in clarifying payments and billing issues
    • High Severity MyCAD Inquiries in managing users and organization data
  4. Suggestions for new feature and improvement of the software

Support levels and characteristics


Under these Terms & Conditions, support services are contracted by the Client with Gemini and provided on two levels:

  • Standard Support
  • Premium Support.


Availability for the Client to reporting incidents or requesting support and the commitment of Gemini to provide the response and resolution in a certain time vary depends on the support level as follows:

Incident Class

Standard Support

 

Premium Support

 

 

Response time

Resolution time

Response time

Resolution time

Critical Severity Error

24h

4-5 days

24h

1-2 days

High Severity Error

2-3 days

10-14 days

24h

2-3 days

Medium Severity Error

4-5 days

No time commitment

24h

10-14 days

Low Severity Error

No time commitment

No time commitment

24h

15-30 days

Critical Severity Licensing Problems

24h

24h

24h

24h

High Severity MyCAD Inquiries

1-2 days

2-3 days

24h

1-2 days

Medium Severity Usability inquiries

Not supported

Not supported

1-2 days

-

Low Severity Usability inquiries

Not supported

Not supported

4-5 days

-

Methods of communication between Client and Support Provider


The client will initiate all communications only by Service Desk platform accessible at http://servicedesk.geminicad.com, which allows a proper tracking and fast resolution of requests. The service is provided through Service Desk platform.
Requests initiated by Clients through the general-purpose contact phone lines, points of sales, or personal phones of employees, email addresses, SMS or messaging contacts of the Service Contractor or Support Provider will not be pursued or solved by the Support Provider.
According each specific situation of each ticket, the Support Provider shall decide the best option on how to get in touch with Client for solving the problem or collecting more information, either by phone, email, messaging platforms, remote computer control or communication through the Service Desk platform.
Any such communication initiated by the Support Provider on other channel except Service Desk, will recorded on Service Desk platform by the Support Provider and associated with an existing ticket by mentioning the ID number of that ticket. In all replies to such communications, the Client must include the same reference to the ticket ID. If the information added to the ticket by the Support Provider following a phone communication is not declared as "not accurate" in less than 24 hours by the Client, it is considered correct and all actions will take it into account.
The language used in communication between Client and Support Provider is English or Client's language, as specified by the Support Contract.

Other miscellaneous terms and conditions

The issue resolution means the Support Provider ensures the restoration of the applications or services in a way that allows the affected user to continue with their business activities

This can be achieved through a permanent solution or through the provision of a temporary solution referred here as workaround. Once a workaround was provided for a certain issue, the severity can be decreased

  • Where a software upgrade or 'hotfix' is required as a permanent solution to the problem, the provision of a 'workaround' as a temporary solution will nevertheless be regarded as the resolution, for purposes of measurement of support services performance
  • Resolution Time will be measured as 'active, working time': that is, the time when the incident is assigned to the Support Provider for active investigation. When an Incident is addressed to the Client (for example, for provision of additional information) the clock will be paused until the incident is re-assigned to Support Provider
  • Resolution Time will only apply to correctly reported, problem-related Incidents, where there is an issue that is preventing the Client's user(s) from completing their business activities. Incidents relating to change requests or product enhancement requests will not be included in the measurement of resolution time
  • Incidents are classified as resolved when the Support Provider sends the resolution information to the Client and the solution information resolves the incident. If the Client does not confirm that the incident has been resolved, the incident will be automatically closed after 10 working days from the provision of the resolution information.
  • For incidents classified as critical, root cause analysis and corrective actions taken or planned to prevent reoccurrence will be provided on request through the Service Desk platform
  • The response and resolution times are measured and monitored using ITIL based support systems and best practices

Responsibilities

Support Provider responsibilities

  • Ensures relevant software and services, which are available to the client in line with the response and resolution times listed above
  • Responds to relevant support requests
  • Takes steps to escalate and resolve issues within the timescales listed above
  • Maintains good communication with the Client at all times


Client responsibilities

  • Notifies the Support Provider of issues or problems in a timely manner and offers all needed supplementary details and information as requested by the Support Provider
  • Provides the Support Provider with access to equipment, software and services for the purposes of maintenance, updates and fault prevention
  • Maintains good communication with the Support Provider at all times
  • Offers feedback to the Support Provider for resolutions and about general activity