1. Generalities
This document (hereinafter for brevity "Specific Terms") is an integral part of the Contract concluded between Openwork and Customer in the manner provided in Article 4 of the General Terms and Conditions for the provision of Jamio openwork services (hereinafter for brevity Terms, published at http://www.jamio.com/condizioni-generali-fornitura-servizi). The specific Conditions apply separately to each Contract.
2. Definitions
List of Definitions
Help Desk Credit: Credit that allows the use of a support intervention whose duration is equal to one hour or fraction of an hour.
Product: application software made by Openwork, licensed for use by the Customer and installed on a Customer's infrastructure.
Ticket: request forwarded to the Help Desk Service.
System: IT infrastructure.
Requestor: End User who opens the Ticket.
Usage Support: support in using the Services or Products (e.g., "how to use a service task," "how to open a document," etc.)
IT Support: support in installing the Services or Products, configuring the IT infrastructure hosting the Services or Products, and troubleshooting any problems related to it.
Anomaly: alleged malfunction of a Service or Product (a process crashes, a process was routed in an unplanned manner, an error occurs in the interface, etc..)
Enhancement: improvement of a Service or Product (change of a process, change of a form, etc..)
Intake Time: time, expressed in hours, between the submission of the Ticket and the instant when the help desk operator starts processing the ticket.
Intake SLA: maximum allowed value of the Intake Time, expressed in working hours.
Resolution Time: time, expressed in hours, between the Ticket's intake and its resolution.
Resolution SLA: maximum allowable value of the Resolution Time, expressed in working hours.
SLA Compliance KPI: percentage of Tickets for which the Taking Charge S LA and the Resolution SLA are met; the percentage is calculated on the number of Tickets opened in one year from the activation of the Openwork Help Desk Service or its renewal.
3. Subject and purpose of the document
The purpose of the Specific Conditions is to define the conditions, additional to or in derogation of the Conditions, for the supply of the Openwork Help Desk Service provided by Openwork through the Platform as A Service Jamio Openwork (hereinafter for brevity referred to as "Help Desk Service"). The Help Desk Service allows, according to the terms and conditions set forth in the Specific Conditions and in the Activation Request, to request Usage Assistance, IT Assistance, resolution of Anomalies or Enhancements by opening a Ticket; it allows the tracking of the Ticket lifecycle.
4. Commencement and term
The Specific Conditions come into effect from the activation of the Openwork Help Desk Service and terminate with the expiration or the withdrawal of the Contract to which they refer. Openwork reserves the right to modify or replace them several times during the course of the Contract in accordance with the article 27.4 of the Conditions.
5. Service features.
This document (hereinafter for short "Specific Conditions") is an integral part of the Contract concluded between Openwork and Customer in the manner provided in Article 4 of the General Terms and Conditions for the provision of Jamio openwork services (hereinafter for short "Terms"). The Specific Conditions apply separately to each Contract.
5.1. SLA
Without prejudice to the provisions of Article 6 of the Conditions, the Help Desk Service guarantees a minimum value of the SLA compliance KPI equal to that possibly indicated in the Activation Request. Non-working hours (i.e., not included in the intervals 9:00-13:30/14:30-18:00), Saturdays, holidays, any company closures of Openwork that will be communicated with 48 (forty-eight) hours' notice and any suspensions of the Help Desk Service as provided for in art. 7 of the Conditions do not contribute to the determination of the TakeoverTime and the Resolution Time .
5.2. Ticket Taking Over
Each Ticket will be promptly taken over by Openwork strictly respecting the chronological order of receipt and, if specified in the Activation Request, the SLA of taking over. a) In the case of requests for Usage Support, IT Support or reporting of Anomalies, by merely opening the Ticket, the Customer authorizes Openwork to charge the Help Desk Credits due for processing the request, if anAnomaly is attributable to defects in the Services or Products no Help Desk Credit will be charged; b) in the case of Enhancements Openwork will notify the Requestor of any Help Desk Credits required for its processing, the Requestor may accept or reject; in case of rejection the Ticket will be closed, in case of acceptance the Help Desk Credits will be immediately charged; c) in all other cases the request cannot be processed if Help Desk Credits are not available.
5.3. Resolving and Closing Ticket
a) The Ticket shall be considered resolved when Openwork: has provided Usage Support, IT Support or resolved theAnomaly or introduced theEnhancements or has communicated the manner and timing by which the ' Usage Support can be provided or theAnomaly resolved or theEnhancements introduced. In order to enable the proper and expeditious processing of the Request, the Applicant agrees to provide all necessary information. If the information provided by the Applicant is not complete enough to allow a correct identification of the problem Openwork may request clarifications or additional information. In such an eventuality, the time elapsing from Openwork's request for clarification or additional information to the availability of such information shall not count toward the determination of the ticket resolution time. Each Ticket will be resolved by Openwork strictly respecting the chronological order of acceptance and, if specified in the Activation Request, the resolution SLA. b) Except as provided in Article 5.2, the Ticket will be closed by the Applicant. In the event that the Applicant, after any request for clarification or after the notice of resolution of the Ticket itself, does not proceed with the provision of clarification or with the closure of the Ticket, the Ticket will be closed within 30 days.
5.4. Assistance Interventions
For the fulfillment of requests that involve the communication to Openwork of Customer's System Access Credentials, with the mere opening of the Ticket, the Customer a) authorizes Openwork and/or companies eventually appointed by it to carry out the requested intervention; and b) acknowledges and accepts that said intervention will take place with variable timelines based on the following criteria: i) type of intervention requested; ii) order of arrival of the request for intervention; iii) priority nature of the request; iv) SLA of resolution. The time from the communication of the need to access the System, to the realization of said intervention does not contribute to the determination of the resolution time.
5.5. Liability
For the cases provided for in Art. 5 above.4 the Customer: a) declares that he/she is aware that such intervention may have an impact on the functioning of the Services or Products or on the 'integrity of the data managed by them; b) undertakes, as of now, to obtain, prior to the execution of the intervention, a complete backup copy of the data and/or information and/or content entered and/or processed by the Services or Products; c) acknowledges and accepts that, in relation to said intervention, Openwork assumes an obligation of means and not of result, relieving it and/or the companies appointed by it for the intervention and their personnel from any liability for any damages, direct or indirect, of any nature or kind suffered or to be suffered for or because of the intervention.
5.6. Upgrade to a higher level of service
The purchase of a Help Desk Service with lower SLA times than a previously purchased Help Desk Service shall be deemed a replacement for the previously purchased service. Therefore, notwithstanding the provisions of Article 17.2 of the Conditions, any invoiced fees related to the previously purchased service and to full months following the date of activation of the new service will be credited to the invoice. The method of payment shall remain as defined in the Activation Request.
5.7. Purchase Help Desk Credit
The Customer, during the term of the Contract, may purchase additional Help Desk Credits by issuing one or more Additional Activation Requests. In the case of using more Help Desk Credit than is available, the provisions of Article 17.3 of the Conditions shall apply.
5.8. Limitations
Tickets cannot be opened for versions of a Product older than one year from the date the Ticket was opened.
6. Disservices
Without prejudice to the provisions of art. 7 of the Terms and Conditions, failure to comply with the take-over SLA and the resolution SLA constitutes an inefficiency for which Openwork grants the Customer, by way of compensation, a credit equal to 10% of the monthly fee of the Help Desk Service active on the date the inefficiency is reported, for each full hour of inefficiency beyond the limits set by the SLA parameter of the service up to a maximum of 6 (six) hours.
7. Various
For matters not provided for in the Specific Conditions, the provisions of the Conditions apply.
Rev 1.5 dated 06/21/2021
jamio.com
