Process Director Cloud Edition

General Terms and Conditions


1. Definitions
a. All terms used in these General Terms and Conditions (General Terms) shall have the meaning assigned to them in the Process Director Cloud Edition Services Agreement (Agreement) between you and BP Logix, unless otherwise defined here or required by context.

2. Storage
a. BP Logix regularly backs up the database used in conjunction with the Services. Data restoration from backups is offered for a fee of $500 per incident. If you request data restoration, BP Logix will make a commercially reasonable effort to assist in restoring lost data; however, BP Logix does not guarantee that every backup will complete without error, nor that it will be able to restore the specific data you have requested, nor that it will retain backups for longer than 7 days.

3. Technical Support and Service Levels
a. You may Report a problem or question with the Services (a) via telephone to +1 (760) 643-4121 (option 2), or (b) via email to support@bplogix.com.

i. BP Logix will respond to your Report according to its severity as follows.

Severity

Guidelines for Determining Severity Level

Response Time

Level 4: Informational or Enhancement Request Licensee’s production operations are not impacted; Licensee wishes to register a request for a new feature or enhancement to an existing feature; no response is required from Company other than acknowledgement of the request

N/A

Level 3: Important Licensee’s production operations are minimally impacted, or a workaround exists that minimizes impact to Licensee’s production environment

1 business day

Level 2: Urgent Licensee’s production operations are materially impacted, but most operations can continue as normal

2 hours

Level 1: Critical Licensee’s production operations are substantially impacted; some or all operations are unable to proceed

1 hour

 

ii. Only Normal Business Hours are considered for the purposes of the response time indicated in the preceding table. If your Report falls outside Normal Business Hours, BP Logix will respond within during Normal Business Hours immediately following your Report.

b. BP Logix may schedule Maintenance Activities from time to time. Non-emergency Maintenance Activities will be scheduled outside Normal Business Hours. The Company will provide fifteen (15) days advance notice of Maintenance Activities that may interrupt Services, unless it is not reasonably able to do so.

c. The Company’s goal is to provide 100% Service availability (not including Maintenance Activities). For each full sixty (60) minutes of Outage in a given calendar month, you will be credited ten percent (10%) of your Fees for that month, up to one-hundred percent (100%). Such credits will be applied towards your next invoice. Any outstanding credits are forfeited if the Agreement is terminated. Under no circumstances will credits be reimbursed to you in the form of cash.

4. Increasing and Decreasing the Number of Authorized Users
a. The individual(s) so designated by you in Schedule A of the Agreement may request an increase in the number of Authorized User licenses using the mechanism provided by the Company (currently, via email to support@bplogix.com). The Company will add such Authorized User licenses within two (2) Business Days of receiving such request, for the fee indicated in the Fee Schedule.

b. You may request a decrease in the number of Authorized User licenses, to the extent that such decrease does not result in a number of Authorized User licenses less than the Minimum Number of Authorized Users specified in the Agreement.

i. The date on which a requested decrease will take effect (the “Adjustment Date”) is determined as follows: If the decrease is requested at least five (5) business days prior to the end of the calendar month, the Adjustment Date shall be the first day of the following calendar month; otherwise, the Adjustment Date shall be the first day of the succeeding month.

ii. If, on the Adjustment Date, the actual number of Authorized Users is greater than the number of Authorized User Licenses that would be available following such a decrease, then the request is void, and no change in Authorized User Licenses or invoice amounts will be made.