This Support Addendum supplements and is hereby incorporated into and made a part of those certain Wentworth Inc. General Terms of Service, by and between Wentworth Inc. and Customer, to which this Support Addendum is attached or included. Capitalized terms used in this Software and Support Addendum without definition shall have the same meanings ascribed to them in the General Terms of Service.

Definitions

• Business Day means a working day between the hours of 8:00 – 5:00 ET other than Saturday, Sunday or public holiday at Wentworth’s registered address.
• Hosted Software means a separate single-tenant instance of the Software, hosted and operated by Wentworth and accessed by Customer remotely.
• On-Premise Software means Software installed and operated on Customer’s premises/in Customer’s data center and not hosted and operated by Wentworth.
• SaaS means “Software as a Service” and refers to a centralized instance of the Software serving multiple Customers, hosted and operated by Wentworth and accessed by Customer remotely.
• Software means any Wentworth standard software products licensed to Customer under an Agreement that references this Addendum, but does not cover modifications and customizations.
• Error means a reproducible defect in the Software when operated on a Supported Environment, which causes the Software not to operate substantially in accordance with the Documentation.
• Environment – means a mobile device or computer system built by a manufacturer on a specific operating system (OS) and assigned a given version number by the manufacturer
• Supported Environment means an Environment supported by Wentworth.
• Annual Support Allocation means the total number of hours of support time a Customer is entitled to receive per year. Allocation is calculated by dividing Customer License Fee by Support Hourly Rate and rounding up to the nearest whole integer. Annual Support Allocation renews at the beginning of each License Period.
• Support Hourly Rate is billed at $125 per hour unless otherwise specified in a Support Contract.

 

Obtaining Support

2.1       Hours of Support   The hours during which Wentworth will provide the Services are Business Days from 8:00 am through 7:00 pm Eastern time.

2.2       Covered Products   The services described herein are applicable to Licensed Hosted or SaaS Software and On-Premise Software in which an active and valid support contract exists.  Not all customers pay for support contracts.

2.3       Response Times   Response times are set forth as follows and based upon a Prioritization and License Level triage.

	Immediate	High	Medium	Low
Enterprise	1	2	3	4
Premium	1	3	3	4
Standard	1	3	4	4

 

Legend

Priority 1 – Acknowledgement within one hour on a Business Day; resolution as soon as possible with a special patch release.

Priority 2 – Acknowledgement within one hour on a Business Day; resolution included in next scheduled release or within three weeks.

Priority 3 – Acknowledgement within one hour on a Business Day; resolution included within the next three releases or eight weeks.

Priority 4 – Acknowledgement within 24 hours on a Business Day; request is analyzed for viability and customer is provided release timing.

 

2.4       Contacting Customer Support   Customer Support can be contacted either by calling (440) 212-7696 or emailing support@wentinc.com.

 

Scope of Service

3.1       General – Support covers assistance and consultation to assist Customer in resolving problems with the use of the Software, including the verification, diagnosis and correction of material errors and defects in the Software and the provision of bug fixes, corrections, modifications, enhancements, upgrades and new releases to the Software to ensure the functionality of the Software.

3.2       Resolution Timeline – Wentworth will always endeavor to resolve problems as swiftly as possible using all reasonable efforts. However, it is not always possible to provide guaranteed resolution times nor is it always possible to fix issues or requests immediately. This is because the nature and causes of problems can vary substantially.

3.3.      Support Limits – No-charge access to support is limited based upon Annual Support Allocation.  Any additional support time required can be purchased via a Support Contract.  Online self-help resources are unlimited.

 

Version Upgrades / Releases

4.1       Upgrades / Releases – Software provided as SaaS shall only be provided in its current version/latest release by Wentworth to Customer. New Software Releases will be delivered automatically. While most updates will appear seamless to the Customer, some updates may require a software download, an equipment upgrade (at Customer’s expense), a system reboot or other action on the part of the Customer.

4.2       On-Premise Upgrades – Software provided as On-Premise Software will be eligible to receive new Software Releases by request only. Incorporation of a Software Release, migration of Customer’s data and configuration for new Software Releases are not considered Software Maintenance and are paid upgrades pursuant to a written statement of work signed by the parties. Customer must allow Wentworth Inc. direct Remote Desktop access the Customer’s server remotely to install and configure upgrades.

 

Customer Obligations

5.1       Customer Reporting – Should Customer report a purported Error, Wentworth may require Customer to provide it with the following information: (a) a general description of the operating environment, (b) a list of all hardware components, operating systems and networks, (c) a reproducible test case, and (d) a detailed description of the troubleshooting that has already been done to try to resolve the Error. Customer’s failure to provide this information may prevent Wentworth from identifying and fixing the error.

5.2       Customer Training – Except for training services provided by Wentworth Inc. to Customer pursuant to an agreed training statement of work, Customer is responsible for ensuring that all appropriate personnel are knowledgeable in the operation and use of the Software (pursuant to the Documentation) and associated equipment.

5.3       Customer Internal Support – Customer shall establish internal support coordinator(s) to whom all users shall be instructed to direct all questions and problems regarding use, operation and maintenance of the Software. Customer agrees that its support coordinator(s) shall be fully familiar with, and trained in, the use of the Software and Customer agrees that only its support coordinator(s) shall be entitled to contact Wentworth for Support and Maintenance.

5.4       Wentworth Access – If needed, Customer must allow Wentworth to access the Software remotely and to give Wentworth unrestricted access to the Software to enable Support and Maintenance and other remote services.

5.5       On-Site Support – Support is to be performed remotely only. If any on-Site services are required, charges will apply pursuant to a written statement of work signed by the parties.

5.6       Updated Software – Customer shall keep the Software’s mobile app and operating system up-to-date by using the update process supported by device manufacturer.  Browser-based software must only be run on current versions of Chrome, Firefox, Safari and Edge. Internet Explorer, in any version, is not supported.

 

Exclusions

6.1       Any Software for which Customer has not paid license or support fees.

6.2       Altered or modified Software, where such alterations or modifications were not authorized in writing or made by Wentworth.

6.3       Any portion of the Software incorporated or configured with or into other software, where such incorporation or configuration was not authorized in writing or made by Wentworth.

6.4       Software that is not in the then current release or immediately previous Release.

6.5       Software problems or damage caused by Customer’s negligence, abuse or misapplication, use or operation of Software other than as specified in the documentation.

6.6       Software installed on any computer or hardware that is not supported by Wentworth.

6.7       Third party products, even if supplied by Wentworth, unless expressly agreed in writing by Wentworth.

6.8       Delivery of Software other than via supported public app stores.

6.9       Upgrading Customers’ servers, moving servers, reinstalling software and any troubleshooting of Customer’s Environment including servers, routers, network architecture or any other Customer hardware, firmware, or software are not considered Software Maintenance and are paid services pursuant to a written statement of work signed by the parties.