This Support Services Description forms part of, and is subject to, the Agreement entered into by you and Mikata. Any capitalized terms below that are not defined herein will have the meanings set out in such Agreement. Subject to the terms of the Agreement, Mikata will use commercially reasonable efforts to provide you with Support Services set out in this Support Services Description. This Support Services Description may be revised in accordance with provisions relating to changes in terms set out in the Agreement. This Support Services Description replaces all previous versions of or documents setting out support for the Mikata Services.
- Capitalized terms used in this Support Services Description have the meaning ascribed in this Section 1. Any capitalized terms in this Support Services Description that are not defined will have the meanings set out in the Agreement. For the purposes of this Support Services Description:
- "Business Days" means Monday to Friday, (excluding statutory and civic holidays observed in Calgary, Alberta, Canada).
- "Business Hours" means 8:30 a.m. MT to 4:30 p.m. MT.
- "Incident" means any verifiable errors in the provision of the Mikata Services, malfunctions, irregularities or any other actual or potential failure or other degradation of all or part of the Mikata Services that results in the Mikata Services not conforming to or performing in accordance with all or part of the functionality set out in the applicable Order Form.
- "Incident Notification" has the meaning set out in Section 2 of this Support Services Description.
- "Initial Response" means an acknowledgement by Mikata’s personnel of an Incident Notification from you.
- "Service Restoration" means a functional solution to the Incident that results in the Mikata Services operating materially in accordance with the functionality set out in the applicable Order Form.
- If and when you believe that an Incident has occurred that requires you to contact Mikata for Mikata’s support ("Support Services"), you will provide written notification of the Incident to Mikata by submitting a support request via Mikata’s support website, located at https://mikatahealth.com/help ("Incident Notification"). Such Incident Notification must include a detailed description of the Incident and any other information that you dee applicable.
- During the Term (excluding periods of excluded downtime), after Mikata has confirmed that Mikata Services are available for production use by Permitted Users, upon Mikata’s receipt of an Incident Notification from you, Mikata will use commercially reasonable efforts to provide Support Services in accordance with the targeted timeframes set out in this Section 3. For clarity, Initial Response and Service Restoration timeframes for an Incident commence at the time that Mikata receives the applicable Incident Notification from you. Periods of downtime which are excluded from Support Services include:
- periods when Mikata is performing scheduled maintenance;
- any downtime resulting from outages of third party connections or utilities or other reasons beyond Mikata’ control, including Internet access problems;
- any downtime resulting from Mikata’s suspension of Mikata Services in accordance with the terms of this Agreement;
- any downtime resulting from a Force Majeure Event;
- any downtime resulting from your breach of this Agreement or any Order Form;
- any downtime for emergency maintenance; or
- any downtime resulting from Mikata’s blocking of data communications or other Mikata Services in accordance with its policies.
| Incident Priority Level | Incident Description | Initial Response (Target) | Level of Effort | Service Restoration (Target) | Mikata Status Updates (Target) |
|---|
| 1 | Incident in a production environment that: renders the Mikata Services or any material functionality therein inoperative (including impaired Permitted User use, data loss, or data corruption). | Within 60 minutes | Continuous commercially reasonable efforts, 24 hours per day, seven days per week | Within 1 calendar day of Incident Notification. | Every 4 hours until Service Restoration is provided. |
| 2 | Any Incident that: materially adversely affects the functionality of the Mikata Services. | One Business Day | Continuous commercially reasonable efforts during Business Hours | Within five Business Days of Incident Notification. | Every Business Day until a Service Restoration is provided. |
| 3 | An Incident that has a minor impact on the functionality of the Mikata Services. | One Business Day | Commercially reasonable efforts during Business Hours | Within 10 Business Days of Incident Notification. | Not required |
- Mikata provides the following services to ensure the applicative maintenance of Mikata Services:
- Minor enhancements and customization service – Minor Enhancements and Customizations include new configurations or in-house development updates, additions and deletions to existing modules and/or functionalities that are already in production. Service requests directly related to service software updates will be processed by this service.
- Application management service – Application management provides for the development, implementation and execution of processes and procedures used to monitor performance and service adjustments, the execution and tracking of changes to services, database administration (DB), installation of code patches and more.
- You will provide all cooperation and assistance as Mikata may reasonably request to provide Support Services in accordance with this Support Services Description. Mikata may amend the Support Services from time to time.