Support Services Description 

Last Updated: October 2025

General Description of Support Services

a) Through the Subscription Period, and subject to exclusions listed in section 4 below, Encompass + Orchestra, Inc. and VINX2 Winery Software, Inc. and Jx2 Technology Trust “ENCOMPASS” will provide the following maintenance Support Services with respect to the Encompass Product:  (i) ENCOMPASS will endeavor to correct within a reasonable time any reported failure of the Encompass Product to  conform to or perform  in material respects with the Documentation; (ii) ENCOMPASS will make available to CUSTOMER, at no additional charge all Error Corrections (modifications that correct an Error) and Improvements (updates, enhancements, extensions, modifications or new releases) to the Encompass Product; and (iii) ENCOMPASS will provide reasonable assistance to CUSTOMER in the use of the Encompass Product. For avoidance of doubt, Upgrades (significant or material new features, functions, or capabilities of the Encompass Product for which Encompass charges an additional subscription fee) and the Professional Services to configure or deploy them are excluded from the scope of Support Services.

b) Support Services are provided to direct ENCOMPASS customers who are authorized Users of the subscribed Encompass Product.

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.  Such Maintenance Service periods shall be generally scheduled between 6:00 pm and 4:00 am in the time zone region specific to the CUSTOMER, other than for emergency modifications.
  2. Upgrade Availability:  For certain products, CUSTOMER shall self-schedule upgrades 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 the Encompass Customer Pourtal 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:

 

Severity Impact Initial Response and Resolution Target
1 - Critical Encompass Product is down, data is lost, or business severely affected, and no work-around is available.Encompass Product or its major component is down, data is lost, or business severely affected, and no work-around is available. Thirty (30) minutes of CUSTOMER notification. ENCOMPASS will use commercially reasonable efforts to provide a resolution within two (2) hours thereafter.
2- Major Use of Encompass Product is significantly restricted or degraded, or a sub-component is non-functional and a work around is available.

Sixty (60) minutes of CUSTOMER notification. ENCOMPASS will use commercially reasonable efforts to provide a resolution timeline within two (2) business days thereafter.
3 - Medium Cosmetic defect or minor malfunction to Encompass product that does not cause a material functional or system failure. One (1) business day of CUSTOMER notification. ENCOMPASS will use commercially reasonable efforts to provide a resolution timeline within two (2) weeks thereafter.
4 - Query General questions related to the use the Encompass Product.

Four (4) business days of CUSTOMER notification.

ENCOMPASS will provide reasonable assistance or direction to applicable instructions for the intended use of the Encompass Product based on the urgency of the query.  Urgency will be identified by CUSTOMER as an indication of the criticality of the query to the normal business operations supported by the Encompass Product.  ENCOMPASS may at its own discretion determine the priority of queries.

 

c.  Support Request: Support Services will be initiated by CUSTOMER through the established support ticketing process available in the Encompass Product for severity 3 and 4 requests.  For severity 1 and 2 requests, CUSTOMER must contact ENCOMPASS via telephone.
    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 request.
    3. ENCOMPASS will provide support services from 7:00 am until 5:00 pm Mountain Time Zone, Monday through Friday for Encompass Technologies, from Sunday 3:30 pm - 12:00 am Pacific Time Zone, Monday - Thursday 7:00 am - 12:00 am Pacific Time Zone, Friday 7:00 am - 5:00 pm Pacific Time Zone for vintrace, from 7:30 am until 4:00 pm Pacific Time Zone for Winemaker’s Database, 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. Holidays (based on the United States and Australia calendar) include: New Year’s Day, Australia Day, Easter Monday, Day After Thanksgiving, and Christmas, Boxing Day.
    4. CUSTOMER will, (a) at CUSTOMER’S expense, maintain internet or other telecommunication connectivity as required to access the site and assist in resolution, (b) cooperate with ENCOMPASS in identifying the cause of any claimed failure of the Encompass Product to perform as expected, and (c) 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 Pourtal or by e-mail to Encompass Technologies support@encompass8.com, or vintrace support@vintrace.com, or Winemaker’s Database support@wmdb.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: (i) problems which are not caused by defects in the Encompass Product; (ii) 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; (iii) problems resulting from the failure to implement solutions, Error Corrections, and Improvements supplied by  ENCOMPASS to the Encompass Product;  (iv) 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; (v) use of the Encompass Product inconsistent with the Documentation; (vi) any modifications or other alterations of the Encompass Product by any person or entity other than one authorized by ENCOMPASS, (vii) data corruption caused by changes made directly in the database (other than by ENCOMPASS) by or on behalf of CUSTOMER, (viii) CUSTOMER infrastructure issues (latency, saturation, browser, OS, connectivity, etc.), (ix) CUSTOMER created customizations, (x) questions about “how” to use the Encompass Product, functional questions, training questions, (xi) enhancement, configuration, reconfiguration, or customization of Encompass Product not related to workarounds or resolutions for Severity 1, 2, or 3 requests, (xii) defects or data issues on CUSTOMER-side system integrations or customer input processes, or (xiii) 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.