SUPPORT AND MAINTENANCE
(a) Standard Support and Maintenance. During the Term of this Agreement, provided that Customer is not then in breach of its obligations under this Agreement, Provider will provide Customer with its standard technical support and maintenance, at no additional charge. Standard technical support and maintenance will consist of the following:
(i) Provider’s support personnel will be available to provide support and assistance to Customer with respect to the Size-Matching services via telephone and e-mail twenty-four (24) hours per day, seven (7) days per week;
(ii) Provider’s support personnel will be available to provide support and assistance to Customer with respect to all other aspects of the Services [during Provider’s normal business hours, 9:00 am to 11:59 pm (Eastern time)], Monday through Friday, national U.S. holidays excepted;
(iii) Provider will provide support services to Customer only. Provider’s support services will function as Secondary Support only, meaning that Provider will not provide any primary support to any of Customer’s Clients or to any Client’s employees. Customer agrees to provide an appropriate level of primary support for its Clients and their employees;
(iv) Provider will implement all enhancements, updates and upgrades to the Services that Provider makes generally and commercially available to its other customers without charging Customer any additional fee; and
(v) Provider will implement standard error correction and maintenance modifications to the Services, at such times and on such schedule as Provider may determine to be appropriate, in its sole discretion.
(b) Out-of-Scope Services. Notwithstanding the foregoing, if Provider makes a reasonable business determination that the technical support requested by Customer under this Agreement is outside the scope of the support and maintenance services provided hereunder and/or would entail detailed, specialized maintenance and/or support services different in kind or amount from those provided to other similar Clients of the Provider (including, but not limited to, assistance to enable the interfacing or operation with a non-supported, unusual or proprietary system), then Provider will notify Customer that the requested support is considered an additional service which will be subject to additional fees, to be negotiated.
(c) Other . Provider will also: (i) use commercially reasonable efforts to monitor and maintain the host servers and to provide substantially continuous connectivity, availability and operation of the Services; and (ii) provide training to designated staff of Customer to enable Customer to use the Services.
(d) Security. Provider will offer access to the Services through the internet. Provider will (or will ensure its hosting provider will) operate and maintain the server on which the Services are hosted (the “Server”) in good working order, with access restricted to qualified employees or contractors or its hosting provider. Provider will employ commercially reasonable efforts to ensure the security, confidentiality and integrity of all Wearer data and other proprietary information transmitted through or stored on the Server, including, but not limited to, protection from any network attack and other malicious, harmful or disabling data, work, code or program, and will maintain during the term of this Agreement a vulnerability management process that is consistent with good industry operating practice to identify, monitor and address security vulnerabilities in the Server and any software used in connection with the Services. Provider must notify Customer immediately on becoming aware of any breach or potential breach of security (“Security Incident”) in relation to the Services, which would include: (1) actual or attempted unauthorized intrusion into any information technology system used in connection with the Services; (2) unauthorized compromise or corruption of information, including any Customer or Wearer data; (3) intentional or accidental introduction of any malicious code; and (4) intentional or accidental disruption to services or damage to, or loss of, equipment, hardware or software. If a Security Incident occurs, Provider must inform Customer immediately on becoming aware of the Security Incident, and must complete all actions necessary to resolve the Security Incident. Customer will be responsible for establishing and paying for internet service for each Kora handheld scanner by WIFI or cellular connection.
(e) Assistance From Customer. Customer agrees to make available appropriate personnel to advise Provider in the performance of its obligations under this Agreement and to provide Provider with any assistance as may be reasonably required for the successful operation and/or functioning of the Services.
Service Level Agreement.Provider shall provide the Services in accordance with the Service Level Agreement set forth at www.bodidata.com/sla