This Support Agreement sets out the Support Services that Smoothwall will provide in respect of our Software and Services.
This Support Agreement confirms:
- what is included in and covered by the Support Services we will provide to Customers;
- when Support Services are available to Customers;
- our target fix times for any Incidents Customers experience.
This Support Agreement applies to any Support Services that we provide and is supplemental to and is incorporated into the Agreement pursuant to clause 2.1 of the UK Terms and Conditions. The UK Terms and Conditions forming part of the Agreement fully apply to and govern this Support Agreement.
1. Definitions and Interpretations
All initial capitalized terms in this Support Agreement, unless expressly set out below, shall have the meaning given to them in the UK Terms and Conditions.
|24x7x365||the provision of Enhanced Support at any time on any day.|
|Authorized Contact||a person named on the Smoothwall Customer Account (there may be multiple people named as an Authorized Contact).|
|Enhanced Support||means the Support Services set out under the column “Enhanced Support” at paragraph 2.3.|
|Excluded Services||has the meaning defined in paragraph 2.4.|
|Fault||any failure of the Software to operate in any material respect in accordance with the applicable specification.|
|Incident||a specific, discrete issue that can be addressed by isolating its origin to a single cause, which may be a Fault or not (as determined by Smoothwall at its sole discretion).|
|Included Support||means the Support Services set out under the column “Included Support” at paragraph 2.3.|
|P1, P2, P3||Incident priority levels 1, 2 and 3, as determined at the sole discretion of Smoothwall based on the following criteria:
P1 denotes system is down; or business is critically affected; or majority of / all users affected.
P2 denotes system is impaired; or business is adversely affected but is operational; or large proportion of users affected.
P3 denotes system is operating with the Incident having limited impact upon users.
|Resolution||a solution (or work-around) resulting in a satisfactorily resolved Incident, at Smoothwall’s sole discretion.|
|Working Hours Support||the provision of Support Services from 8:30am to 5pm Monday to Friday in the Customer’s timezone excluding weekends and public holidays.|
2. Support Services
2.1. The Support Services consist of telephone, video call, email, remote support and other services for the Software. Smoothwall operates a remote analysis and remedial service via secure Internet or VPN connection.
- The Support Services:
- cover any Fault with the Software;
- include the provision of advice which the Customer may reasonably require in respect of the Customer’s use of the Software;
- shall be provided from Smoothwall’s offices, unless by mutual consent; and
- do not cover any Excluded Services.
(b) Optionally, Smoothwall may at its sole discretion, agree to diagnose and attempt remediation of IT infrastructure products and services not supplied or provided by Smoothwall, subject to the Customer agreeing to purchase consultancy time. In all such situations, the Customer accepts that as such products and services are not supplied or provided by Smoothwall, Smoothwall undertakes diagnosis and remediation on a reasonable endeavours basis only and Smoothwall will bear no responsibility for and cannot guarantee successful diagnosis or remediation.
2.3 Smoothwall offers two levels of Support. All Customers are eligible for our Included Support and some may elect to pay for Enhanced Support, please check your Quotation for details or contact Smoothwall for details.
|Service||Included Support||Enhanced Support|
|Smoothwall Web Portal Access||Y||Y|
|Knowledge Base Access||Y||Y|
|Telephone Incident Submission||Y||Y|
|Email Incident Submission||Y||Y|
|Remote Diagnosis & Fix||Y||Y|
|Daily Blocklist Updates||Y||Y|
|Hours of Cover||Working Hours Support||24 x 7 x 365|
|P1 Response / Fix Time||2 hrs / 1 day||1 hr / 1 day|
|P2 Response / Fix Time||2 hrs / 2 days||2 hrs / 2 days|
|P3 Response / Fix Time||4 hrs / 5 days||4 hrs / 5 days|
|P1 Case Updates||Every 4 hours||Every 2 hours|
2.4 Excluded Services
The Support Services do not cover the following:
(a) Third Party Software, Open Source Software or Third Party Hardware;
(b) IT products and services not supplied by Smoothwall (except as prescribed in paragraph 2(b));
(c) any improper use, misuse or unauthorized alteration of the Software, Third Party Software, Open Source Software or Hardware by the Customer;
(d) any use of the Software or Hardware by the Customer in a manner inconsistent with the current specification;
(e) the use by the Customer of any hardware or software not provided by Smoothwall or approved by Smoothwall in writing for use by the Customer in connection with the Software and Incidents arising from same including any failure, misconfiguration or incompatibility of such hardware or software;
(f)the use of a version or release of the Software which is no longer supported by Smoothwall;
(g)failure of the Customer to fulfil their obligations as specified in this Support Agreement;
(h) inability of Smoothwall to contact (or gain a response from) the Customer contact(s);
(i) information from the Customer (or their representative) that is inaccurate, incomplete or untimely;
(j) inability of Smoothwall to obtain remote access and / or remote diagnosis permissions to aid troubleshooting;
(k) failure of communications, Internet connections, electricity supply or other vital services outside of the control of Smoothwall (except as prescribed in paragraph 2(b));
(l) problems emanating from configuration, software, network problems (eg DNS) outside of the control of Smoothwall (except as prescribed in paragraph 2(b));
(m) non-compliance with the conditions of the Hardware Limited Warranty;
(n) Incidents not reported promptly by the Customer or where a Case Number has not been obtained;
(o) Smoothwall being unable to verify successful service restoration with the Customer; or
(p) any act or omission on the part of any third party other than an authorized Smoothwall Partner.
3.1 The Customer acknowledges that, to properly assess and resolve Incidents Smoothwall support engineers may need to remotely access Customer systems in order to effect Incident investigations. The Customer agrees to promptly provide appropriate remote access facilities as a pre-condition in order for Smoothwall to be able to provide the agreed level of support. Should there be any delays by the Customer is providing such access, Smoothwall reserves the right to restart the clock on any timebound commitments for Incident Resolution.
3.2 It is the strong recommendation of Smoothwall that the Customer provides such remote access utilizing the recommended remote access solution advised by Smoothwall at the time of the Incident.
3.3 When remotely accessing Customer sites Smoothwall staff will rely upon the Customer for their guidance on local system security and system access permission issues but will not be held responsible for any breach of such Customer policies and practices.
4.1 The Customer may request Support Services by Live Chat, through the Customer Portal, by e-mail or by telephone and the following channels should be used for reporting Incidents that the Customer considers are P1, P2 and P3 Incidents (designation of Incidents as P1, P2 or P3 shall be determined at the sole discretion of Smoothwall):
- P1 Incidents: must be reported via telephone reporting to mitigate avoidable time delays for critical issues.
- P2 and P3 Incidents: via Live Chat or the Customer Portal (https://kb.smoothwall.com).
- P3 Incidents: via Live Chat, the Customer Portal or by email (email@example.com).
Note: Incidents considered by the Customer to be P1 that are reported by any channel other than telephone, or P2 Incidents that are reported by email to Smoothwall, will be automatically classified by Smoothwall as P3 and will be subject to the fix times applicable to a P3 set out in paragraph 2.3.
4.2 The Customer shall use the telephone numbers and email address set out at smoothwall.com/contact for reporting Incidents.
4.3 Recommended details when reporting an incident include:
- Each Incident shall include a description of the Fault and the start time of the Incident;
- Software Serial Number(s);
- Any prior potentially connected events; and
- Confirmed contact details (telephone number(s), email address) for the Authorized Contact who can assist Smoothwall.
4.4 In all instances, the Customer will be provided (either directly or via email depending upon the Incident reporting method chosen) with a unique ‘Case Number’ for the reported Incident and a priority classification of P1, P2 or P3 as generated by Smoothwall. This is a key reference number and should be retained by the Customer and quoted in all correspondence with Smoothwall. In particular, the Case Number should be included in email titles sent to Smoothwall to expedite identification and routing.