Technical Support Services and Insurance

Technical Support. Standard Technical Support is available during Esker’s regular business hours (8:30 a.m. through 5:00 p.m., Central Standard Time, Monday through Friday, excluding Esker holidays, which include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas Eve, and Christmas.). Technical Support contact information may be found on the Esker website at www.esker.com.

Technical Support Service Problem Severity Levels. Esker recognizes the following Problem Severity Levels: Level 1: Critical Business Impact. “Critical Business Impact” is defined as the production use of EOD is stopped or so severely impacted that Customer cannot reasonably continue work. Esker’s goal is to have an initial response to Customer within two (2) hours of notification. Depending on the nature of the problem, Esker’s goal is to have a target resolution time of four (4) hours after the initial response by Esker; Level 2: System Degradation. “System Degradation” is defined as EOD is operable but processing is impeded causing disruption to normal production work flow. Esker’s goal is to have an initial response to Customer within four (4) hours of notification. Depending on the nature of the problem, Esker’s goal is to have a target resolution time of forty-eight (48) hours after the initial response by Esker; Level 3: System Inconsistencies. “System Inconsistencies” is defined as all EOD capabilities are available but there are one (1) or more capabilities producing inconsistent results. Customer’s work has minor loss of operational functionality or implementation resources. Esker’s goal is to have an initial response to Customer within twenty-four (24) hours of notification. Depending on the nature of the problem, Esker’s goal is to have a target resolution time of seventy-two (72) hours after the initial response by Esker; Level 4: Cosmetic Concerns. “Cosmetic Concerns” is defined as Customer requests an enhancement or documentation/clarification regarding EOD but there is no impact on the operation of EOD. The implementation or production use of EOD is continuing and there is no work being impeded at the time. Esker’s goal is to have an initial response to Customer within one (1) business day of notification. Depending on the nature of the problem, Esker’s goal is to have a target resolution time of one (1) week after the Initial response by Esker. Due to the complexity and the possible number of Problems, Customer understands and agrees that Esker does not warrant or guarantee that a response to all Problems nor does it commit to a result-oriented obligation within a given timeframe.

Technical Support Service Exclusions. Technical Support Services shall not include: (1) the installation of EOD, (2) site visits, (3) any intervention related to the hardware and peripherals installed in association with EOD, (4) any modification or enhancement request of EOD, (5) any intervention on installed third-party software or hardware, including in particular any assistance aimed at integrating EOD with Customer’s application or operating system, (6) any intervention related to the interface between Customer’s applications of and EOD, (7) the development of applications, mock-ups and templates related to EOD, (8) the development and implementation of hosted rules, (9) hosted rule diagnostic before putting them in production, (10) training, (11) any intervention on highly technical issues such as those related to access restrictions, unavailability of test equipment or unauthorized changes or alterations of EOD, (12) assistance with the use of third-party software or hardware not distributed by Esker, however acquired, (13) IT services provided remotely or on-site at the Customer. All such excluded Technical Support Services may be carried out at Customer’s request under a separate written agreement between the parties for an additional fee.

Insurance. In addition to any other insurance Esker deems necessary, Esker shall maintain at its own cost and expense during this Agreement, the following minimum insurance coverage’s: (a) Commercial General Liability Insurance in the amount of one million ($1,000,000) U.S. Dollars per occurrence; and include at least those coverage’s generally designated Premises-Operations, Products/Completed Operations and Contractual Liability; (b) Workers’ Compensation and Employers' Liability Insurance, as prescribed by applicable law; (c) Automobile Liability Insurance with a combined single limit for bodily injury and property damage of one million ($1,000,000) U.S. Dollars per accident; and (d) Errors and Omissions (Professional Liability) Insurance, which includes Privacy Remediation, if the Services to be performed are subject to professional standards of care, in the amount of six million ($6,000,000) U.S. Dollars aggregate. The limits specified above may be satisfied with a combination of Primary and Umbrella Insurance, which Esker carries in the amount of five million ($5,000,000) U.S. Dollars per occurrence.