Glytec Maintenance and Support Policy

 

These maintenance and support terms and conditions apply to all Glytec Services (the “Maintenance and Support Policy”). The maintenance and support services described herein are subject to Customer compliance with the Agreement and Order Form(s). Capitalized terms used in this Maintenance and Support Policy and not otherwise herein defined shall have their respective meanings set forth in the Agreement.

 

I. SUPPORT SERVICES
A. Support Tiers:

  1. Customer is responsible for providing the first response and analysis of all Issues with the Glytec Service (“Tier 1 Support”).
  2. In the event Customer cannot resolve the Issue, Customer may refer the request to Glytec customer support (“Tier 2 Support”).
  3. The parties agree that all clinical questions will be addressed by appropriate Customer personnel (e.g., a unit clinical leader, clinical application support or super user). If a clinical question remains following Customer’s best efforts to resolve, the clinical Tier 1 Support member may contact Glytec support in accordance with the Issue Severity level set forth below.
  4. The parties further agree that all technical issues will first be addressed by appropriate Customer IT personnel. Customer is responsible for checking all internal systems impacted. Following the initial assessment and reasonable Customer efforts to resolve, Customer may contact Glytec support in accordance with the Issue Severity level set forth below.

B. Scope of Glytec Support Services:

Glytec shall use commercially reasonable efforts to provide the following support services for the Glytec Service:

  1. Maintain a customer support center capable of receiving information from the Contact Person by telephone or electronic mail and assigning an Issue severity level to the request as defined below.
  2. Provide Telephone Support to the Contact Person.
  3. Provide Glytec Service updates, patches and fixes that Glytec, in its discretion, makes generally available to its customers without additional charge (“Updates”). Product Updates consist of published revisions to the Glytec Service Documentation and Glytec Service that are not designated as products or modules for which Glytec charges a separate fee. Updates do not include modifications to customizations or enhancements that are not necessary to correct an Issue, such modifications may require a written Statement of Work and may be subject to additional Fees.
  4. The parties acknowledge that downtime may include any Glytec Service unavailability that is beyond the control of Glytec or that is not reasonably foreseeable by Glytec, including interruption or failure of telecommunication or digital transmission links, network congestion or other failures. Glytec shall use commercially reasonable efforts to inform Customer of the occurrence of any Glytec Service unavailability as soon as practicable.

C. Severity Levels.

  1. Glytec shall use commercially reasonable efforts to engage in the following activities with respect to any Issue reported by Customer in the then current, unmodified release of the Glytec Service in accordance with the severity level reasonably assigned to such Issue by Glytec in its sole discretion.
  2.  
  3. Severity 1 Issue - means an Issue that (i) results in significant disruption in use and operation of the Glytec Service for substantially all users, (ii) prevents such users from performing a necessary function, (iii) is determined to be caused by a Glytec Service Issue and (iv) for which a reasonable and acceptable Workaround is not available. Glytec customer support is available 24x7x365 for Severity 1 Issues. Following acknowledgment of a Severity 1 Issue, Glytec will commence the following procedures:
    1. Notify Glytec management that such Issues have been reported and of the steps being taken to correct such issues;
    2. Provide the Contact Person with periodic reports on the status of the investigation;
    3. Initiate work to provide Customer with a Workaround or Fix; and
    4. Use reasonable best efforts to have the issue promptly resolved through a Fix or Workaround.
  4.  
  5. Severity 2 Issue - means an Issue that (i) causes a significant piece of functionality in the Glytec Service inoperative for several or all users or (ii) may have a Workaround but, even so, causes a significant inconvenience to the users, and (iii) is determined to be caused by a Glytec Service Issue. Glytec customer support is available 24x7x365 for Glucommander Severity 2 issues. Glytec customer support is available 8:00 am-8:00 pm Eastern Time, Monday through Friday (“Routine Support Hours”) for Severity 2 Issues pertaining to Glytec Services other than Glucommander (i.e. GlucoMetrics, GlucoView, and GlucoSurveillance). Glytec shall exercise commercially reasonable efforts to provide Customer with a Fix and/or Workaround as soon as the Issue has been identified and the appropriate Fix or Workaround developed. Glytec will provide Customer with a resolution plan for the Issue, and shall provide to Customer periodic status updates.
  6.  
  7. Severity 3 Issue - means an Issue that (i) causes a minor piece of functionality in the Glytec Service to not operate in accordance with its Documentation or (ii) may have a Workaround but, even so, causes a minor inconvenience to the users, and (iii) is determined to be caused by a Glytec Service Issue. Use of the Glytec Service in the manner in which it was intended is not materially affected. Glytec customer support is available during Routine Support Hours for Severity 3 Issues. Glytec shall exercise reasonable efforts to include a Fix for the Issue in the next regular Glytec Service maintenance release.
  8.  
  9. Severity 4 Issue – means any Documentation bug, informational request, or feature or functionality enhancement request. Glytec customer support is available during Routine Support Hours for Severity 4 Issues.

II. MAINTENANCE. Scheduled maintenance may be performed by Glytec beginning on the last Thursday of the month at 12 a.m. through 4 a.m. the following Thursday (Eastern Time). Glytec shall use commercially reasonable efforts to provide Customer with two (2) weeks’ advance notice of any such scheduled maintenance. During scheduled maintenance, Glytec shall use commercially reasonable efforts to ensure that there is minimal impact on Customer’s use of the Glytec Services, however, Customer acknowledges that there may be minor degradations in performance during scheduled maintenance (e.g. screens may take longer to load, brief interruptions to interfaces, etc.). Notwithstanding anything to the contrary, Glytec reserves the right to apply emergency patches and fixes without advance notice to Customer as described above, in its reasonable, sole discretion. To the extent maintenance will result in downtime, Glytec shall use commercially reasonable efforts to inform Customer of the occurrence of downtime as soon as practicable.

 

III. GENERAL TERMS AND CONDITIONS.
The following terms and conditions apply to all support services.

 

A. Exclusions/Restrictions.

  1. Glytec shall have no obligation to support the Glytec Service if Issues (i) result from Customer’s or End User’s alteration, modification or damage to the Glytec Service not performed or authorized by Glytec, (ii) result from the use of the Glytec Service by Customer or End User with hardware, software or equipment not specified as compatible with Glytec Service in its Documentation, (iii) result from use by Customer or End User of the Glytec Service other than in accordance with its Documentation and the Agreement, (iv) result from use by Customer or End User of a version of the Glytec Service other than the most-current release and the next most current release of the Glytec Service, or (v) are not reproducible in stand-alone form.
  2. Devices. Glytec is not responsible for support of any hardware, software, or equipment, including any applications not provided by Glytec.
  3. Charges for Excluded Support. Glytec will have the right to charge Customer, in accordance with Glytec's then-current policies and rates, for any services resulting from problems, errors or inquiries relating to computer hardware or software other than the Glytec Service itself.
  4. Changes in Customer Hardware. Glytec shall have no liability for any changes in Customer’s hardware that may be necessary to use the Glytec Service due to a Workaround, Fix, new product release or Update.
  5. Web Browser. Glytec shall not have any responsibility or obligation to provide support services to Customers utilizing web browsers or versions of web browsers that are (i) not specified as compatible with the Glytec Service in its Documentation and/or (ii) not currently supported by the web browser provider.

B. Customer Responsibilities.

  1. Operational and System Support. Customer will provide operational and system support for program access, clinical practice change, education, local interface and network related performance issues. Customer will also maintain a clinical super user support model on each clinical unit deployed. Operational and system support topic examples will include but not be limited to:
    • Review and approve the configuration of the Glytec Service to ensure the resulting workflows meet the defined workflow requirements and/or the defined interface requirements;
    • Lead clinical practice change and ongoing compliance with that change;
    • End user provisioning (if SmartClick is not implemented);
    • Interface issues; and
    • Network performance due to internal bandwidth issues.
  2. Integration Changes. Customer is responsible for notifying Glytec of integration changes that are likely to impact the Glytec Service and/ or   will require Glytec testing and services. Such services are outside the scope of this Maintenance and Support Policy and are subject to a separate Statement of Work and applicable Professional Service Fees. Customer will notify Glytec as follows:
    • EMR, Lab and BG meter Interface Conversions: 6 months’ advance notice
    • EMR, Lab and BG meter Upgrades: 60 days’ advance notice
    • New Data Centers or Network Changes to the IP/VPN: 30 days’ advance notice
  3. Information. Customer is responsible for providing sufficient information and data to allow Glytec to readily reproduce all reported Issues.
  4. Contact Person. Customer shall appoint a Contact Person. “Contact Person” means an individual (who has successfully completed Glytec Service training conducted by Glytec) designated in writing by Customer to serve as Customer’s contact for maintenance and support purposes. Customer may change the Contact Person or add additional, trained Contact Persons upon written notice to Glytec. The Contact Person shall provide Tier 1 Support for Customer’s end users, by serving as the first level support help desk which will initially respond to Customer user problems, requests for training, responses to questions, and overall Customer user interaction with the Glytec Service. When assistance or service is required from Glytec, the Contact Person will contact the Glytec customer support center. The Contact Person, or his designee, shall be available to Glytec customer support on a 24x7 basis.
  5. Hardware and Third Party Software.  Customer is responsible for purchasing, installing and maintaining all non-Glytec software and hardware required to use and access the Glytec Service. Customer is responsible for licensing, installing and maintaining all third party software not explicitly licensed under the Agreement as set forth in Documentation.
  6. Connectivity - (applicable on premise deployments only). Subject to Customer’s reasonable security procedures, Customer will provide to Glytec, or its third-party designees, a continuous, high-speed connection through Customer’s firewall to all installed Glytec systems (Glytec Service and data), for the purposes of providing Fixes, Updates, Telephone Support, troubleshooting, and monitoring compliance under the Agreement. In addition, Customer shall provide Glytec monitoring services access and internet access to all servers, interfaces and the like, as applicable, for the applicable services described herein. For clarity, this Section 6 only applies to on-premise deployments of the Glytec Services.
  7. Outage Notification. Customer shall notify Glytec within forty-eight (48) hours prior to any planned downtimes which may affect the Glytec Service or the services described hereunder (e.g. EMR, HL7 interface, or lab information system planned downtimes).

C. Definitions.

  1. Issue” means an error in the Glytec Service, which significantly degrades such Glytec Service as compared to the Glytec published and functional performance specifications in the Documentation, and is reproducible by Glytec.
  2. Fix” means the repair or replacement of object or executable code versions of the Glytec Service to remedy an Issue or, if applicable, repair or replacement of applicable Glytec Service.
  3. Telephone Support” means technical support telephone or email assistance provided by Glytec to the Contact Person concerning the use of the then-current release of the Glytec Service.
  4. Workaround” means a change in the procedures followed or data supplied by Customer to avoid an Issue without substantially impairing Customer’s use of the Glytec Service.

D. Policy Modifications. Customer agrees that Glytec may in its sole discretion expand, reduce, and/or change the scope or contents of, or any aspect of this Maintenance and Support Policy. Customer acknowledges that Glytec may be required to make such changes in the interest of maintaining its business, the Glytec Service and/or other services provided by Glytec and shall bear no responsibility or liability whatsoever for any claims, actions, damages, losses or expenses of any kind howsoever asserted (including by end users) caused directly or indirectly as a result of such changes.  

 

THESE TERMS AND CONDITIONS DEFINE A SERVICE ARRANGEMENT AND NOT A WARRANTY. THE GLYTEC SERVICE AND MATERIALS AND SERVICES RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE APPLICABLE AGREEMENT.