Support Services Description 

Support and Upgrade Services

1. Support Availability:  ENCOMPASS may from time to time perform routine Support Services on the Encompass Product during which time the Encompass Product shall be unavailable for maintenance services. Such maintenance service periods shall be generally scheduled between 6:00 pm and 4:00 am, Mountain Time Zone, other than for emergency modifications.
2. Upgrade Availability:  CUSTOMER shall self-schedule upgrades by selecting desired options on the System Settings of the Encompass Product as described in the document Understanding Encompass Server Versions. Patches or hot fixes to the Encompass Product will be made as required, and ENCOMPASS will use its reasonable efforts to notify CUSTOMER in advance if functionality will be impacted.
3. Notification: CUSTOMER single-point-of-contact shall subscribe to the Encompass Product status page to receive electronic notification regarding routine or emergency modifications or Support Services which may impact accessibility, however, ENCOMPASS may make emergency modifications in the best interest of the CUSTOMER without advance notice.

Support Services

1. Scope of Support: Support Services are available to determine and provide relief for Errors (errors or defects in the Encompass Product that causes it not to conform in materials respects with the Documentation) as used in accordance with the Documentation or to provide reasonable assistance to CUSTOMER in the intended use of the Encompass Product.
2. Support Request Types: ENCOMPASS will, in its reasonable discretion, categorize and respond by acknowledging all Support Service requests as follows:

1. 1. ENCOMPASS will begin working to achieve relief and resolution of the service request following its initial response. Relief is considered achieved for a severity 1 or 2 request when a workaround is identified and implemented. Resolution is considered achieved when a service request has been fully resolved through a software release or configuration change.
   2. ENCOMPASS reserves the right to make reasonable alterations to the details of its categorization and response process related to service requests.
   3. ENCOMPASS will provide support services from 7:00 am until 5:00 pm Mountain Time Zone, Monday through Friday, excluding holidays observed by ENCOMPASS. Holidays (based on the United States calendar) include: New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Int’l Women's Day, Earth Day, Memorial Day, Juneteenth, Independence Day, Int’l Beer Day, Labor Day, Indigenous Peoples Day, Thanksgiving, Day After Thanksgiving, and Christmas.
   4. CUSTOMER will
      1. at CUSTOMER’S expense, maintain internet or other telecommunication connectivity as required to access the site and assist in resolution
      2. cooperate with ENCOMPASS in identifying the cause of any claimed failure of the Encompass Product to perform as expected, and
      3. nominate two personnel from with its organization who shall be authorized to act as primary contacts and request Severity 1, 2, or 3 services.
   5. CUSTOMER will identify a severity level for each support request. CUSTOMER will make all Severity 1 and 2 support requests via telephone to ensure that the request meets the defined criteria. CUSTOMER will make all Severity 3 and 4 support requests via the Encompass Customer Portal or by e-mail to support@encompass8.com. ENCOMPASS will prioritize each support request based on severity and order in which it is submitted.

Exclusions

1. ENCOMPASS has no obligations or responsibilities of any kind with respect to:
   1. problems which are not caused by defects in the Encompass Product;
   2. problems caused by the failure to implement and operate the Encompass Product in accordance with the applicable Documentation and any other written instructions supplied by Encompass;
   3. problems resulting from the failure to implement solutions, Error Corrections, and Improvements supplied by ENCOMPASS to the Encompass Product;
   4. problems in the use or functioning of the Encompass Product caused by any hardware or software product (other than the Encompass Product) but not including problems which are the result of incompatibility of the Encompass Product with such hardware or software if the Software was designed to work with such hardware or software as specified in the Documentation;
   5. use of the Encompass Product inconsistent with the Documentation;
   6. any modifications or other alterations of the Encompass Product by any person or entity other than one authorized by ENCOMPASS
   7. data corruption caused by changes made directly in the database (other than by ENCOMPASS) by or on behalf of CUSTOMER
   8. CUSTOMER infrastructure issues (latency, saturation, browser, OS, connectivity, etc.)
   9. CUSTOMER created customizations
   10. questions about “how” to use the Encompass Product, functional questions, training questions
   11. enhancement, configuration, reconfiguration, or customization of Encompass Product not related to workarounds or resolutions for Severity 1, 2, or 3 requests,
   12. defects or data issues on CUSTOMER-side system integrations, or
   13. defects in an OEM software product. If Encompass provides warranty or Support Services for any problem caused by any of the foregoing or for troubleshooting with respect to any of the foregoing, or if ENCOMPASS’ services efforts are increased as a result, ENCOMPASS may impose charges at its then standard commercial time and materials rates for all such services, including travel and per diem expenses. ENCOMPASS will notify a requestor as soon as the billable status of the request is determined.
2. For Severity 1 and 2 Support Services requests involving Apple iOS, ENCOMPASS must work with Apple Inc. for relief or resolution. In these cases, the response and resolution targets above do not apply; however, ENCOMPASS will use commercially reasonable efforts to provide a resolution within four (4) hours after its initial response to CUSTOMERS’ request.
3. Time waiting for customer is not considered for response and resolution measures.

The terms of this Support Services Description may be updated by Encompass + Orchestra, Inc. from time to time at its discretion.