SUPPORT SERVICE LEVEL AGREEMENT (SLA)

SUPPORT SERVICE LEVEL AGREEMENT (SLA)

MCDS (Malaysia Customs Declaration System) SOFTWARE and/or other services STANDARD SUPPORT SERVICE LEVEL AGREEMENT (SLA)

MCDS Software shall provide Support and Maintenance Services in accordance with the terms of this Exhibit, which such terms may be amended from time to time by MCDS.

1) DEFINITIONS.

Patch Release means a progressing of the 3rd digit of the version release number in a three point version control system (e.g., v2.1.1 to v2.1.2).

Point Release means a progressing of the 1st or 2nd digit of the version release number in a three point version control system, as applicable (e.g., v1.5 to v2.0 or v2.1 to v2.2), not including any Patch Releases.

Update means a Software patch issued by MCDS to correct defects or deficiencies in Software or to provide minor modifications that do not substantially change the basic character or structure of Software.

Upgrade means an incremental release of Software that provides significant improvements (not merely corrections for Software defects and deficiencies) and changes the basic character or structure of Software, including, by way of example only, the inclusion of additional features and/or functionality.

2) SUPPORTED VERSIONS OF THE SOFTWARE.

Subject to Section 9, MCDS shall provide Support and Maintenance Services for the two most recent, subsequent Point Releases and Patch Releases of the Software or for a period of 12 months, whichever is longer. Support and Maintenance Services commence on the date of MCDS's general release of such Point Release or Patch Release and ends on the date that is twelve (12) months after the date that MCDS releases the next chronological Point Release. For example, if version 6.1 of the Software is released on January 1, 2010 and version 6.2 of the Software is released on July 1, 2010, then MCDS will provide Support and Maintenance Services for the Point Release version 6.1, and all 6.1.x Patch Releases for the period that commences on January 1, 2010 and ends June 30, 2011. Click here to find out more about OPEN USERS LICENSE.

3) ITEMS COVERED BY SUPPORT AND MAINTENANCE SERVICES.

Support and Maintenance shall include:

  1. remote assist and email for all technical issues relating to the use of the Software (including errors or problems with the Application it self and assistance understanding specific features); and
  2. all available Updates and Upgrades as they become available for general release (electronically via download from MCDS's website).
ITEMS NOT COVERED BY SUPPORT AND MAINTENANCE SERVICES.

MCDS is not obligated to provide Support and Maintenance for errors or problems caused by the following (each, an Excluded Cause):

  1. third-party components not provided by MCDS;
  2. any modifications to the Software;
  3. use of the Software other than in a recommended environment described in the Documentation; or
  4. continued use of a Point Release or Patch Release version of the Software for which Support and Maintenance Services are no longer provided in accordance with Section 2 above.
  5. System crash due to computer virus infection.
  6. Network equipment error (For LAN users).
  7. Internet connections issue.
  8. Port (9898, 9595, 7950) Blocked by the Firewall.
  9. Re-installation required due to computer hardware and/or software failure, upgrade, maintenance or relocation.
  10. Re-training for the new staffs
  11. Computer Hardware failure
  12. Operation Systems malfunction
  13. Printer malfunction
  14. Application maintenance (Optimise Database, Purge Database and/or Database maintenance)
  15. Windows OS and/or Microsoft application creation, how to use Microsoft  Excel, export to 3rd party application and/or unknown error popup in Microsoft Excel process.
4) CUSTOMER OBLIGATIONS.

Customer agrees to provide MCDS with all information and materials requested by MCDS for use in replicating, diagnosing and correcting an error or other problem with the Software reported by Customer. Customer acknowledges that MCDS's ability to provide satisfactory Support and Maintenance Services is dependent on MCDS having the information necessary to replicate the reported problem with the Software. In reporting an error to MCDS, Customer will send a complete and accurate error report (an Error Report) that includes

  1. Customer name and on-site technical contact information;
  2. version and maintenance release level of the Software;
  3. platform and version on which the Software is running;
  4. a reasonably detailed description of the error, together with any supporting information that Customer's engineers believe will assist MCDS in its diagnostic process;
  5. any error message(s) or other message(s) generated by the system in association with the error;
  6. any applicable trace files and/or error logs;
  7. a test case or instructions necessary to demonstrate the error;
  8. identification of any additional information (such as dumps, logs, etc.) that are, or can be made, available; and
  9. the date and time that the error report is submitted to MCDS. Customer acknowledges that any Update or Upgrade provided by MCDS may be necessary to the proper operation of the Software and therefore Customer agrees to promptly install all Updates or Upgrades made available by MCDS to ensure that Customer's version of the Software remains supported.
5) CONTACT METHODS.

Customer may contact MCDS to provide an Error Report and request Support and Maintenance Services by any of the following methods:

  1. online at the following URL: http://www.mcds.com.my or
  2. email to support@mcds.com.my or info@mcds.com.my

WHILE MCDS WILL USE COMMERCIALLY REASONABLE EFFORTS TO RESPOND TO CUSTOMER'S REQUEST USING ALL OF THE ABOVE METHODS.

6) Business Hours.

MCDS business hours are defined as 8:00 AM to 6:00 PM (GMT+8) Pacific Time, Monday through Friday,

exclusive of the weekend & public holidays:

7) RESPONSE TIMES.
Severity Level Definition Response
Critical A Critical Severity issue has significant to critical business impact on a production system, resulting in Customers production system being either down, or functioning at a significantly reduced capacity. MCDS agrees that it will provide a response by a qualified member of its staff to begin to diagnose and to correct a Critical Severity fault within one (1) business day after notification by Customer via email and/or online portal. MCDS will use commercially reasonable efforts to resolve Critical Severity faults as soon as possible. The resolution will be delivered to Customer as a work-around or as an emergency software fix. If MCDS delivers an acceptable work-around instead of a solution, the severity classification will drop to a Medium Severity or lower.
Medium A Medium Severity issue has some business impact on a production system, resulting in some functionality loss on Customers production system. The Software is usable, but does not provide a function in the most convenient or expeditious manner MCDS agrees that it will provide an initial response by a qualified member of its staff to begin to diagnose a Medium Severity fault within one (1) business day of notification by Customer via email and/or online portal. MCDS will use commercially reasonable efforts to resolve Medium Severity faults within thirty (30) days or in the next Update of the Software. If MCDS determines, in its sole discretion, that the requirement is unique to CustomerÕs operations, MCDS will notify Customer within two (2) weeks of receiving notification of the fault with an appropriate recommendation and estimate for resolving the incident.
Low A Low Severity issue is for non-production questions including general usage questions, issues related to a non-production environment, or feature requests. There is no impact on the quality, performance or functionality on Customer's production system. MCDS agrees that it will provide an initial response by a qualified member of its staff to begin to diagnose a Low Severity fault within one (1) business day of notification by Customer. MCDS does not guarantee a resolution time for Low Severity incidents.
8) PAYMENT NON REFUNDABLE
  1. Once your booking is confirmed, it cannot be cancelled and the payment you made is not refundable.
  2. After payment is received no refund will be offered for changes. Changes or amendments to the purchase will be termed as cancellations and no refund will be offered.
9) TERM AND TERMINATION.
  1. Support and Maintenance Services will be provided for the term set forth on the relevant Pricing Schedule; provided that MCDS may cease Support and Maintenance Services generally with respect to the Software by delivering no less than two (2) weeks notice to Customer.
  2. With effective 1 Jun 2014 all the modules activation, deactivation will cost RM 900.00 admin fees and/or online portal price which ever higher (price subject to change without further notice) per request. There will be cost of reactivation admin fees (price subject to change without further notice) RM 900.00 if your account being suspended due to the outstanding payment(Suspended account will be permanently terminate after 30 days expired of subscription, thereafter customer require place new order with new price effective 1 JUN 2014).
  3. 8% of financial charges will be impose for outstanding balance due.
  4. In the event of Early Termination of the Service subscription either by MCDS or the Customer, Customer shall immediately pay all amount including but not limited to all outstanding fees, charges and costs of the services or software licence (if any) or any Termination Sum (if any) or any amount which may be determined by MCDS from time to time.
  5. Outstanding fees and charges refer to any charges due to MCDS including but not limited to outstanding Annual, Monthly and/or One time Fees, VA charges and any other service charges directly or indirectly payable to MCDS.
  6. MCDS reserves the right to terminate any Customer at any time
  7. Termination of this Agreement either by the Customer or MCDS shall not relieve the Customer from his/her responsibilities and liabilities under this Agreement which have accrued prior to the effective date of termination.
  8. Any termination of the master license agreement between MCDS and/or Customer will automatically terminate Support and Maintenance Services.