1. Generalities
This document (hereinafter for brevity "Specific Conditions") is an integral part of the Contract concluded between Openwork and the Customer in the manner prescribed in Article 4 of the General Terms and Conditions for the provision of Jamio openwork services (hereinafter for brevity Conditions, published at https://www.jamio.com/en/general-conditions-for-the-provision-of-services/). The specific Conditions apply separately to each Contract.
2. Definitions
Where mentioned, the terms below shall, for the purposes of the Contract, have the meanings set out in the Jamio openwork Glossary.
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 set forth in article 6 of the Conditions, the Help Desk Service guarantees a minimum 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, public holidays, any Openwork company closures that will be communicated with 48 (forty-eight) hours notice and any suspensions of the Help Desk Service as set out in art. 7 of the Conditions do not contribute to determining the Take-over Time and the Resolution Time.
5.2. Ticket Acceptance
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 for taking over. a) In the case of requests for Usage Assistance, IT Assistance or reporting of Anomalies, by merely opening the Ticket, the Customer authorizes Openwork to charge the Help Desk Credit due for processing the request, if an Anomaly is attributable to defects in the Services or Products no Help Desk Credit will be charged; b) in the case of Enhancements Openwork will inform the Applicant of any Help Desk Credits necessary for its processing, the Applicant may accept or refuse; in the case of refusal the ticket will be closed, in the 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. Ticket Resolution and Closure.
a) The Ticket is considered resolved when Openwork: has provided Usage Assistance, IT Assistance or has resolved the Problem or introduced the Enhancement or has communicated the manner and timing in which the Usage Assistance can be provided or the Problem resolved or the Enhancement introduced. In order to enable the proper and prompt processing of the Application, the Applicant undertakes to provide all necessary information. In the event that the information provided by the Applicant is not complete enough to allow the correct identification of the problem Openwork may request clarification or additional information. In such an eventuality the time elapsing from the request for clarification or additional information, on the part of Openwork, to the availability of such information, does not count towards 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) Subject to the provisions of art. 5.2 the Ticket shall be closed by the Applicant. In the event that the Applicant, after any request for clarification or after notice of termination of the Ticket itself, does not proceed to provide clarification or to close the Ticket, the Ticket will be closed within 30 days.
5.4. Support Interventions.
For the execution of requests which involve the communication to Openwork of access credentials to the Customer's systems, by simply opening a Ticket, the Customer a) authorizes Openwork and/or any companies it may appoint to carry out the requested intervention; and b) acknowledges and accepts that this intervention will take place at variable times according to the following criteria: i) type of intervention requested; ii) order of arrival of the request for intervention; iii) priority nature of the request; iv) resolution SLA. The time elapsing from the communication of the need to access the System, to the realization of above-mentioned intervention does not contribute to the determination of the resolution time.
5.5. Liability
For the cases provided for in Art. 5.4 the Customer a) acknowledges 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 this intervention, Openwork assumes an obligation of means and not of result, relieving Openwork and/or the companies appointed by Openwork for the intervention and their personnel from any responsibility 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 understood as a replacement of the previously purchased one. Therefore, notwithstanding the provisions of Article 17.2 of the Conditions, any invoiced fees relating to the previously purchased service and to entire months following the date of activation of the new service shall be credited on 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 Credits than those available, the provisions of Article 17.3 of the Conditions shall apply.
5.8. Limitations
It is not possible to open Tickets 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 1.7 dated 23/05/2023
jamio.com
