Maintenance Policy

Agilos Maintenance policy

A: Maintenance for resale product

B. Agilos Maintenance dispositions

  • General dispositions:   
    • Licensee is required to purchase Maintenance on all Software for a twelve (12) month period beginning on the delivery date of the Software (the “Initial Maintenance Period). In addition, Licensee must maintain a uniform level of Maintenance across all licenses or subscriptions within the same Software Family. In order to purchase additional Software licenses or subscriptions, Licensee must be current on Maintenance for all previously purchased licenses within the same Software Family. Licensee may elect to upgrade the level of Maintenance at any time during a Maintenance Period, but such upgrade must apply to all Software licensed with the same Software Family. In the event the Licensee elects not to renew Maintenance, the non-renewal must apply to all licenses or subscriptions within the same Software Family.
    • Notwithstanding the foregoing, any Software or subscriptions purchased as a bundle, package, or special promotion (e.g., enterprise licenses) must be maintained together at a uniform level, regardless of whether such Software or subscription purchase includes multiple Software Families, and cancellation of Maintenance by Software Family is not be permitted in such case.

 

  • Reporting Support Cases for  Qlik,  TimeXtender, Alteryx, Arelios and MEDIScovery : 
    • Customers must report Support via their login to Agilos ZENDESK Web Support application.  Only the Technical Contact(s) may report Support Cases.

 

  • Response Times.  Agilos will respond, within the Maximum Initial Response Times set forth in the table below, to any Support Case reported via their login to Agilos ZENDESK.
    • Agilos will determine the severity level of any Support Case in its reasonable discretion.
      • Severity Level Maximum Initial Response Time
      • Severity 1 Support Case Within two (2) hours
      • Severity 2 Support Case Within four (4) hours
      • Severity 3 Support Case Within one (1) business day
    • A Support Case is resolved upon the earlier of the following:
      • (i) the issue or problem is resolved;
      • (ii) if the issue or problem is the result of an Error, the provision of a Fix or Error Correction;
      • (iii) if Agilos is able to provide a reasonable and mutually acceptable alternative solution;
      • (iv) if Agilos confirms that the issue or problem is not due to any Error or deficiency in the Software;
      • (v) if Agilos confirms that the issue or problem is in fact the result of a multi-vendor issue, and the End User agrees to transfer the problem to the third-party vendor for resolution; (vi) if the End User’s Technical Contact requests that Agilos close the Support Case;
      • or (vii) if the Support Case has been left open for five (5) consecutive business days, during which period Agilos has not received a response from a Technical Contact.

 

  • Exceptions.  Notwithstanding anything herein to the contrary, Agilos will have no obligation to provide support in connection with Support Cases or operational disruptions caused by: (i) the use of the Software with software or hardware not designed for use with the operating systems approved by Agilos in the Documentation; (ii) the use of the Software with hardware that does not satisfy the minimum system requirements specified by Agilos in the Documentation; (iii) changes, modifications, or alterations to the Software not approved in writing by Agilos; (iv) use of the Software other than in accordance with the Documentation and the Agreement; (v) the failure to install Updates made available by Agilos; or (vi) the negligence or intentional misconduct of the End User or its employees and agents or any third party.

 

  • Term and Termination of Maintenance
    • Unless otherwise agreed in writing, Maintenance shall be automatically renewed for successive twelve (12) month periods (each, a "Maintenance Period") unless Licensee provides Agilos with written notice of non-renewal at least sixty (60) days prior to the end of the-current annual period. Maintenance fees for any additional Software purchases will be prorated to achieve a common annual Maintenance Period with existing licenses, but does not relieve Licensee of its payment obligations for the remainder of the Maintenance Period. For avoidance of doubt, Licensee is responsible to pay the entire Maintenance Fee for the Initial Maintenance Period on all additional purchases of Software regardless of any proration of Maintenance Fees. Agilos may increase Maintenance fees for any future annual period in accordance with its  Terms and Conditions
    • Reinstatement of lapsed or cancelled Maintenance will be subject to payment by Licensee of (a) the then-current annual Maintenance Fees payable for the 12-month period beginning on the date of reinstatement and (b) the aggregate Maintenance Fees that would have been payable for the relevant Software during the period of lapse in the absence of termination or non-renewal, provided that (i) the combined reinstatement fees are paid within twelve (12) months after the date of the lapse and (ii) Licensee pays Agilos a Maintenance reinstatement fee equal to twenty-five percent (25%) of the total Maintenance fees payable to Agilos for all applicable products licensed by Licensee. Reinstatement beyond this date will be at Agilos sole discretion. Reinstatement fees may be assessed once notice of cancellation or non-renewal is provided, even if a request for reinstatement is provided prior to the expiration of the current Maintenance Period.

 


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