CPE and Related Services - Voice Maintenance Service Descriptions
2. Definitions and Related Terms and Conditions
3. Service Descriptions
3.1 8x5 and 24x7 Nortel Business Communications Manager Service
3.2 8X5 and 24X7 Centrex Customer Premises Equipment Maintenance Service
3.5 8x5 and 24x7 Ancillary/Auxiliary Equipment & Software Service
3.6 On-Site and Dedicated Technician Plan(s) - Hardware Repair/Return and Monitoring Coverage
3.7 Voice Service Plus Service
3.8 Standard Warranty and Supplemental Warranty Service
3.9 IP PBX Supplemental Service
3.10 Software Subscription Service
1. General Provisions. The following provisions are applicable to all voice maintenance service plans.
1.1 Voice Maintenance Service is available for Systems located within 50 miles of a Service Facility.
1.2 In all cases, response times will be measured from the time the Customer’s trouble report is received by Company to the time work is started to correct the problem.
1.3 Work is deemed to have been started to correct the problem if any one of the following has occurred, without limitation:
(i) remote diagnostics and remote work to correct a problem, if applicable,
(ii) telephone consultation with Customer’s representative working toward issue resolution, or
(iii) dispatch of technician(s) to Customer's premises
The type of repair response will depend on Customer's System and the available remote connections.
2. Definitions and Related Terms and Conditions.
Alarm Monitoring. “Alarm Monitoring” means that Company will monitor Systems that have monitoring capability during Office Hours or 24x7 depending on the level of service ordered.
Data Backup. “Data Backup” means that Company will perform binary database remote backups for PBX databases are provided every 90 days. Company reserves the right to limit data backup service to specific manufacturers, equipment, and software release levels.
CPE. “CPE” means Customer premises equipment, including without limitation, cables, handsets and other related materials as defined in the relevant Company quote for Service (including purchase).
eTraining. “eTraining” means the use of a Company provided self-directed web-based telephone and voice mail training tool. Company reserves the right to limit eTraining to specific manufacturers, equipment, and software release levels as provided by Company from time to time.
In-Service Date. “In-Service Date” means the date the System is operational. Company will provide written notice of the In-Service Date.
MAC. “MAC” means moves, adds, or changes to System components. MACs will be provided at Company’s then prevailing labor rate.
Major System Failure. “Major System Failure” means that one or more of the following conditions is present:
a. Inability to originate any voice communications.
b. Inability to receive or process any incoming voice communications.
c. In a multi-point network in which each point has a defined street address, the inability to originate, receive or process any incoming and outgoing voice communications.
d. Attendant console and/or night answer position failure.
e. 20% or more of the trunk-side ports out of service at the same time.
f. 20% or more of the line-side stations and/or ports out of service at the same time.
g. Failure of the PBX system interface connecting to a call accounting system.
h. Any other failure that Customer and Company mutually agree is a major system failure.
Minor System Failure. “Minor System Failure” means any System failure or malfunction other than a Major System Failure.
Office Hours. “Office Hours” are 8:00 a.m. to 5:00 p.m. (7:30 a.m. to 4:15 p.m. in Hawaii), local time, Monday through Friday, excluding Company-observed holidays.
On-Site MAC. “On-Site MAC” is the provision of MACs with an on-site technician. A minimum of one hour labor charge will apply for On-Site MACs. The labor charge includes travel time and will be charged from the time the dispatch begins until Company closes the work order. Labor charges after the first hour will be charged in 30 minute increments for labor time of 30 minutes or any part thereof.
Remedial Software Maintenance. “Remedial Software Maintenance” means that Company will remotely install manufacturer software patches identified by Company as necessary during trouble resolution. This does not include software upgrades or the installation of operating system upgrades application upgrades, major or minor software releases.
Patches necessary to restore the System will be applied during Office Hours or 24x7 depending on the level of service ordered. Patches necessary to restore the System requested by Customer to be applied outside of the Customer's maintenance hours of coverage are available as a chargeable MAC. Additionally, Customer requested patches that are not necessary to restore the System are available as a chargeable MAC.
Remote MAC. “Remote MAC” means that Company will perform a MAC using remote connectivity to access the System and make necessary changes. A minimum of a ½ hour labor charge will apply for those MACs. Not all requests can be completed remotely. Those requests that can not be completed remotely will require an On-Site MAC.
Repair or Replacement of a CPE Component. “Repair or Replacement of a CPE Component” means that, in the event a CPE component must be repaired, Company will provide the parts and labor, but not software, (depending on the level of service) necessary to restore the CPE to the level of working condition existing prior to the fault or problem. Customer is solely responsible for providing and reloading all required software and configuration files on the replacement CPE. The covered CPE will be defined in a quote.
Repair or Replacement of a System Component. “Repair or Replacement of a System Component” means that, in the event a System component must be repaired, Company will provide the labor and parts necessary to restore the System to the level of working condition existing prior to the fault or problem. The covered System will be defined in a quote. NOTE: This will require the Customer to provide the current configuration files and software for the System.
Service Facility. “Service Facility” is a Company service facility or an authorized Company service provider’s facility.
System. A “System” is CPE and its related software as defined in the relevant Company quote for a Service (including purchase).
3. Service Descriptions.
3.1 8x5 and 24x7 Nortel Business Communications Manager Service.
3.1.1 Overview of Service. Company’s 8x5 and 24x7 Nortel Business Communications Manager (“BCM”) Service (“VM BCM Service”) covers the System components identified in the applicable quote and begins on the In-Service date and remains in effect for the period defined in the applicable quote.
3.1.2 Hours of Coverage.
A. 8x5 VM BCM Service is available for Major and Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Major or Minor System Failures outside of Office Hours.
B. 24x7 VM BCM Service is available for Major System Failures, 7 days a week, 24 hours a day, including holidays.
C. 24x7 VM BCM Service is available for Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
3.1.3 VM BCM Service Elements.
A. Repair or Replacement of a System Component.
B. The BCM PBX can only be monitored via a remote connectivity. Company engineering must configure remote connectivity in order to monitor Customer’s network.
C. Remote and On-Site MAC, subject to applicable charges.
D. Alarm Monitoring, during Office Hours for 8x5 service or 24x7 for 24x7 service.
E. Remedial Software Maintenance.
F. eTraining.
3.1.4 Response Time Objectives.
A. 8x5 VM BCM Service Plans. Response time objective for Major System Failures during Office Hours is 2 hours. Response time objective for Major System Failures occurring outside of Office Hours will be the next business day. Response time objective for Minor System Failures will be next business day.
B. 24x7 VM BCM Service Plans. Response time objective for Major System Failures will be 2 hours. Response time objective for Minor System Failures will be next business day.
3.2 8X5 and 24X7 Centrex Customer Premises Equipment Maintenance Service.
3.2.1 Overview of Service. Company’s Centrex Customer Premises Equipment Maintenance Service (“VM Centrex Service”) covers the System components identified in the applicable quote, begins on the In-Service date, and remains in effect for the period as defined in the applicable quote.
3.2.2 Hours of Coverage.
A. 8x5 VM Centrex Service is available for Major and Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Major or Minor System Failures outside of Office Hours.
B. 24x7 VM Centrex Service is available for Major System Failures, 24 hours a day, 7 days a week, including holidays.
C. 24x7 VM Centrex Service is available for Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
3.2.3 VM Centrex Service Elements.
A. Repair or Replacement of a System Component.
B. Remote and On-Site MAC, subject to applicable charges.
3.2.4 Response Time Objectives.
A. 8x5 VM Centrex Service Plan. Response time objective for Major System Failures during Office Hours will be 4 hours. Response time objective for Major System Failures, which occur outside of Office Hours, will be the next business day. Response time for Minor System Failures will be next business day.
B. 24x7 VM Centrex Service Plan. Response time objective for Major System Failures will be 4 hours. Response time for Minor System Failures will be next day.
3.3 8x5 and 24x7 Switch Only Service; 8x5 and 24x7 Switch & Proprietary Phones Service; 8x5 Switch & Phones Service.
3.3.1 Overview of Service. Company’s 8x5 and 24x7 Switch Only, 8x5 and 24x7 Switch & Proprietary Phones, and 8x5 Switch & Phones Service (collectively, “VM Switch & Phones Service”) covers the System components identified in the applicable quote, begins on the In-Service date and remains in effect as defined in the applicable quote.
3.3.2 Hours of Coverage.
A. 8x5 VM Switch & Phones Services are available for Minor and Major System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Major or Minor System Failures outside of Office Hours.
B. 24x7 VM Switch & Phones Services are available for Major System Failures, 7 days a week. 24 hours a day, including holidays. 24x7 VM Switch & Phones Services are available for Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
3.3.3 VM Switch & Phones Service Elements.
A. Repair or Replacement of a System Component, as applicable, based on Customer’s selection:
A.1 8x5 and 24x7 Switch Only Service provides coverage for a System attached to the PBX cabinet(s) – excluding all phones.
A.2 8x5 and 24x7 Switch & Proprietary Phones Service provides coverage for proprietary phones attached to the PBX cabinet(s).
A.3 8x5 Switch & Phones Service provides coverage for all proprietary and single line phones attached to the PBX cabinet(s).
Voice-mail (including voice mail internal to the PBX cabinet) or other ancillary equipment that is part of Customer’s voice network is not covered under the above plans, but are applicable for coverage under other Voice Maintenance service plans.
B. Remote and On-Site MAC, subject to applicable charges.
C. Alarm Monitoring, during Office Hours for 8x5 service or 24x7 for 24x7 service.
D. Remedial software maintenance.
E. Data Backup.
F. eTraining.
3.3.4 Response Time Objectives.
A. 8x5 VM Switch & Phones Service Plans: Response time for Major System Failures during Office Hours will be 2 hours. Response time for Major System Failures occurring outside of Office Hours will be the next business day. Response times for Minor System Failures will be next business day.
B. 24x7 VM Switch & Phones Service Plans: Response time for Major System Failures will be 2 hours. Response times for Minor System Failures will be next business day.
3.4 8x5 and 24x7 Avaya IP Office Business Telephone System Service; 8x5 and 24x7 Nortel Norstar Business Telephone System Service; 8x5 and 24x7 NEC Electra Elite Business Telephone System Service.
3.4.1 Overview of Service. Company’s 8x5 and 24x7 Avaya IP Office, Nortel Norstar and NEC Elite Business Telephone System Service (“VM Business Telephone System Service”) covers the System components identified in the applicable quote and begins on the In-Service date and remains in as defined in the applicable quote.
3.4.2 Hours of Coverage.
A. 8x5 VM Business Telephone System Services are available for Minor and Major System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Major or Minor System Failures outside of Office Hours.
B. 24x7 VM Business Telephone System Services are available for Major System Failures, 7 days a week. 24 hours a day, including holidays. 24x7 VM Business Telephone System Services are available for Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
3.4.3 VM Business Telephone System Service Elements.
A. Repair or Replacement of a System Component.
B. Remote and On-Site MAC, subject to applicable charges.
C. Remedial software maintenance.
3.4.4. Response Time Objectives.
A. 8x5 VM Business Telephone System Service Plans: Response time for Major System Failures during Office Hours will be 2 hours. Response time for Major System Failures occurring outside of Office Hours will be the next business day. Response times for Minor System Failures will be next business day.
B. 24x7 VM Business Telephone System Service Plans: Response time for Major System Failures will be 2 hours. Response times for Minor System Failures will be next business day.
3.5 8x5 and 24x7 Ancillary/Auxiliary Equipment & Software Service.
3.5.1 Overview of Service: Company’s 8x5 and 24x7 Ancillary/Auxiliary (ANC/AUX) Equipment & Software Service (“VM ANC/AUX Service”) covers the System components identified in the applicable quote and begins on the In-Service Date and remains in effect for the period defined in the applicable quote.
VM ANC/AUX SERVICE is only provided when Company is providing Customer with at least one of the following maintenance services: 8x5 and 24x7 Nortel Business Communications Manager Service; 8X5 and 24X7 Centrex Customer Premises Equipment Maintenance Service; 8x5 and 24x7 Switch Only Service; 8x5 and 24x7 Switch & Proprietary Phones Service; 8x5 and 24x7 Switch & Phones Service; 8x5 and 24x7 Avaya IP Office Business Telephone System Service; 8x5 and 24x7 Nortel Norstar Business Telephone System Service; or 8x5 and 24x7 NEC Electra Elite Business Telephone System Service (collectively “PBX Maintenance”) .
3.5.2 Hours of Coverage.
A. VM ANC/AUX Service selected must be for the same hours of coverage and for the same term as the PBX Maintenance. For example, if Customer has chosen an 8x5 plan for its PBX equipment with a term of twenty-four (24) months, Customer must choose the 8x5 VM ANC/AUX Service with a term of twenty-four (24) months.
B, 8x5 VM ANC/AUX Service is available for Major and Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Major or Minor System Failures outside of Office Hours.
C. 24x7 VM ANC/AUX Service is available for Major System Failures, 7 days a week, 24 hours a day, including Company holidays
D. 24x7 VM ANC/AUX Service is available for Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
3.5.3 VM ANC/AUX Service Elements.
A. Repair or Replacement of a System Component
B. Remote monitoring of covered System component where such equipment is capable of being monitored and the Customer’s PBX Maintenance plan includes monitoring.
C. Remote and On-Site MAC, subject to applicable charges.
D. Alarm Monitoring, during Office Hours for 8x5 service or 24x7 for 24x7 service
E. Remedial Software Maintenance.
3.5.4 Response Time Objectives.
A. 8x5 VM ANC/AUX Service Plans: Response time objective for Major System Failures during Office Hours is 2 hours. Response time objective for Major System Failures occurring outside of Office Hours will be the next business day. Response time Objective for Minor System Failures will be next business day.
B. 24x7 VM Service Plans: Response time objective for Major System Failures is 2 hours. Response time Objective for Minor System Failures will be next business day.
3.6 On-Site and Dedicated Technician Plan(s) - Hardware Repair/Return and Monitoring Coverage.
3.6.1 Overview of Service. The Company On-Site Technician Plan and Dedicated Technician Plan (collectively, the “Technician Plan(s)”) and the Company Hardware Return/Repair and Monitoring Coverage (jointly referred to as the “VM Technician/Hardware Service”), provides Customers with on-site technical expertise, along with remote monitoring and parts for replacement. The Customer can select the Plan(s) to be delivered on a full time or part time basis, and as an option, select to have the Hardware Return/Repair and Monitoring Coverage provided.
Technician Plan Provisions.
A. The On-Site Technician Plan provides a technician at Customer’s single site where all of the work areas to be serviced are within easy walking distance (e.g. half a mile).
B. The Dedicated Technician Plan provides a technician at a Customer site or sites where the areas to be serviced reasonably require the technician to use Verizon supported transportation to travel from site to site or within the site (e.g. more than half a mile). Such travel will be performed within the Full Time Plan Hours or Part Time Plan Hours as defined below.
3.6.2 Technician Plan Hours of Coverage. A Company technician will make repairs of Major or Minor System Failures. Upon Customer’s request, the technician may provide MACs.
A. Full Time Plan - The technician will reside on Customer’s site or sites, depending on the Technician Plan, during Office Hours for the term of the VM Technician/Hardware Service (“Full Time Plan Hours”).
B. Part Time Plan – The technician will reside on Customer’s site or sites, depending on the Technician Plan, during Office Hours for the term of the VM Technician/Hardware Service on the specific days set forth on the applicable quote (“Part Time Plan Hours”).
3.6.3 Technician Plan Service Elements.
A. Major System Failures – repair labor during Full Time Plan Hours. Repair labor provided outside of the Full Time Plan Hours or Part Time Plan Hours for Major System Failures will be billed to Customer at Company’s then prevailing labor rates.
B. Minor System Failures and MACs - Repair labor for Minor System Failures will be billed to Customer at Company’s then prevailing labor rates and MACs provided outside of the Full Time Plan Hours or Part Time Plan Hours will be billed to Customer at Company’s then prevailing labor rate.
C. Remedial software maintenance.
D. One Source Book annually, which will be made available via online access. The Source Book is only available for the Nortel PBX. The Source Book is a depiction of the Customer’s PBX and contains approximately 23 graphical and textual reports including, but not limited to:
· Graphics of each phone set;
· List of System software options;
· Identification of System clean-up and service affecting issues
· Port counts, trunk routes and classes of service
· Intercom groups
E. Data Backup.
3.6.4 Hardware Return/Repair and Monitoring Coverage Service Elements.
A. Alarm Monitoring 24 hours a day, 7 days a week.
B. Coordination of alarm resolution with the Plans and in accordance with applicable response times.
B.1 In addition to major and minor repair labor coverage within Full Time Plan Hours, Customers Full Time Plan Customers will receive repair labor for Major System Failures outside of the Full Time Plan Hours at no extra charge.
B.2 Part Time Plan Customers will receive major and minor repair labor coverage within Part Time Plan Hours. Customers requesting repair labor under the Part Time Plan for Major System Failures outside of the Part Time Plan Hours will be billed at Company’s then prevailing labor rate.
B.3 Minor System Failures and MACs outside of Full Time Plan Hours or Part Time Plan Hours will be billed at Company’s then prevailing labor rate.
C. Repair or Replacement of a CPE Component. Voice mail and ancillary/auxiliary equipment are not part of the Hardware Return/Repair and Monitoring Coverage plan, but are applicable for coverage under other VM Service plans.
D. Two Customer System traffic studies annually. These traffic studies will be conducted, as requested in writing by the Customer. The studies will be conducted for a 12-hour period per day, for a period of 5 consecutive days. These studies are only available for the Nortel, NEC, Siemens PBXs. Additional equipment may be required from the Customer and will be set forth in the applicable Statement of Work.
3.6.5 Response Times Objectives.
A. Major System Failures will be given priority by the On-Site Technician during their Full Time Plan Hours or Part Time Plan Hours. Outside of Full Time Plan Hours or Part Time Plan Hours the response time for Major System Failures will be 2 hours.
B. Minor System Failures will be responded to during the Full Time Plan Hours or Part Time Plan Hours. Company will charge its then prevailing labor rate for repair of Minor System Failures if Customer requests service to be performed outside of the Plan Hours.
3.7 Voice Service Plus Service.
3.7.1 Overview of Service: Company’s Voice Service Plus Service (“VM Voice+Service”) covers the System components identified in the applicable quote 24 hours a day, 7 days a week, begins on the In-Service date and remains in effect as defined in the applicable quote.
3.7.2 Hours of Coverage.
A. VM Voice+Service Service is available for Major System Failures, 7 days a week, 24 hours a day, including holidays.
B. VM Voice+Service Service is available for Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
3.7.3 VM Voice+Service Elements.
A. Repair or Replacement of a System Component. Voice-mail, including voice-mail internal to the PBX cabinet or other ancillary equipment that is part of Customer’s voice network is not covered under the VM Voice+Service.
B. Remote and On-Site MAC, subject to applicable charges..
C. Alarm Monitoring 7 days a week and 24 hours a day.
D. Remedial software maintenance.
E. System Traffic Studies - VM Voice+Service provides 2 Customer system traffic studies annually. These traffic studies will be conducted, as requested in writing by the Customer, during a 12-hour period per day, for 5 days. These studies are only available for the Nortel , NEC, Siemens PBXs. Additional equipment may be required from the Customer and will be set forth in the applicable Statement of Work.
F. Source Book - VM Voice+Service provides one Source Book annually, which will be made available via online access. This Source Book is only available for the Nortel PBX. The Source Book is a depiction of the Customer’s PBX and contains approximately 23 graphical and textual reports including, but not limited to:
· Graphics of each phone set;
· List of System software options;
· Identification of System clean-up and service affecting issues
· Port counts, trunk routes and classes of service
· Intercom groups
· Toll fraud potential
· Directories
· System activity
G. Data Backup.
H. eTraining.
3.7.4 Response Time Objectives.
A. Response time for Major System Failures is 2 hours.
B. Response times for Minor System Failures is next business day. Company will charge its then prevailing labor rate for repair of Minor System Failures if Customer requests service be performed outside of Office Hours.
3.8 Standard Warranty and Supplemental Warranty Service.
3.8.1 Overview of Service. Company’s Standard Warranty and Supplemental Warranty Service (individually and collectively “VM Warranty Service”) covers the System components identified in the applicable quote, begins on the In-Service date, and remains in effect for one year. With VM Warranty Service, Company facilitates manufacturer warranty repair or replacement of System components while such System components are under the manufacturer’s warranty.
3.8.2 Hours of Coverage.
A. Standard Warranty: Company’s Standard VM Warranty Service is available during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Major or Minor System Failures outside of Office Hours.
B. Supplemental Warranty: Company’ Supplemental VM Warranty Service covers the System 24 hours a day, 7 days a week, including holidays. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
3.8.3 VM Warranty Service Elements.
A. Repair or Replacement of a System Component.
B. Remote and On-Site MAC, subject to applicable charges.
C. Alarm Monitoring. Standard Warranty VM Warranty Service provides monitoring during Office Hours. Supplemental Warranty VM Warranty Service provides monitoring 7 days a week 24 hours a day.
D. Remedial software maintenance.
3.8.4 Response Time Objectives.
A. Standard Warranty VM Warranty Service: Response time for Major System Failures during Office Hours is 2 hours. Response time for Major System Failures occurring outside of Office Hours will be the next business day. Response times for Minor System Failures will be next business day.
B. Supplemental Warranty VM Warranty Service: Response time for Major System Failures will be 2 hours. Response times for Minor System Failures will be next business day.
3.9 IP PBX Supplemental Service.
3.9.1 Overview of Service. Company’s IP PBX Supplemental Service Maintenance (“IP PBX Supplemental Service”) covers the System components identified in the applicable quote and begins on the In-Service date and remains in effect for the period defined in the applicable quote.
3.9.2 Hours of Coverage.
A. IP PBX Supplemental Service is available for Major System Failures, 7 days a week, 24 hours a day, including holidays. IP PBX Supplemental Service is available for Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
3.9.3 IP PBX Supplemental Service Elements.
A. Repair or Replacement of a System Component.
B. On-Site MAC, subject to applicable charges.
C. Software upgrades or vendor-published fixes or patches are not provided under this service plan.
3.9.4 Response Time Objectives.
A. Response time for Major System Failures will be 2 hours. Response times for Minor System Failures will be next business day.
3.10 Software Subscription Service.
3.10.1 Overview of Service. Company’s Software Subscription maintenance service entitles Customers to one or more levels of manufacturer software support service. Upon Customer’s order, Software Subscription will include Customer’s selection of one or more of the following: i) remote technical support and manufacturer patches, or ii) technical support, manufacturer’s patches, and generally available minor and major software releases of operational and/or application software (collectively, “VM Software Service”). VM Software Service is prepaid by Customer for the entire selected VM Software Subscription term.
3.10.2 VM Software Service Elements.
A. Remote Technical Support
A.1 Remedial Software Maintenance
A.2 For new problems where a manufacturer patch does not exist, Company will work with the manufacturer to create a patch to correct the problem.
B. Manufacturer Patches
B.1 Company will provide manufacturer generally available software patches, fixes, and maintenance releases for the covered software to maintain functionality.
B.2 Manufacturer generally availability software patches, fixes, and maintenance releases will be issued electronically. Company will charge its then prevailing labor rate for Customer requested installation of patches, fixes, and maintenance releases.
B.3 Software documentation, including software product bulletins, Frequently Asked Questions (FAQs), installation tips and troubleshooting tips.
B.4 If applicable, Customer access to the manufacturer’s website services.
C. Minor and Major Software Releases
C.1 Company will provide manufacturer generally available major and minor releases of software for the covered software to provide new features, enhancements and upgrades. Company will apply any missing patches prior to installation of the major or minor release, if required by manufacturer.
C.2 Manufacturer generally availability major and minor releases will be issued either electronically or via CD-ROM format. Company will charge its then prevailing labor rate for Customer requested installation of major and minor releases.
3.11 8x5 and 24x7 Switch Only Service for Avaya Systems; 8x5 and 24x7 Switch & Phone Service for Avaya Systems.
3.11.1 Overview of Service. Company’s 8x5 and 24x7 Switch Only and 8x5 and 24x7 Switch & Phone Service for Avaya Systems (collectively, “Avaya VM Service”) covers the System components identified in the applicable quote, begins on the In-Service date and remains in effect as defined in the applicable quote.
3.11.2 Hours of Coverage.
A. 8x5 Avaya VM Services are available for Avaya VM Minor and Avaya VM Major System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Avaya VM Major or Avaya VM Minor System Failures outside of Office Hours.
B. 24x7 Avaya VM Services are available for Avaya VM Major System Failures, 7 days a week. 24 hours a day, including holidays. 24x7 Avaya VM Services are available for Avaya VM Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Avaya VM Minor System Failures outside of Office Hours.
3.11.3 Avaya VM Service Elements.
A. Repair or Replacement of a System Component, as applicable, based on Customer’s selection:
A.1 8x5 and 24x7 Switch Only Service for Avaya Systems provides coverage for a System attached to the PBX cabinet(s) – excluding all phones.
A.2 8x5 and 24x7 Switch & Phone Service for Avaya Systems provides coverage for proprietary phones attached to the PBX cabinet(s).
Voice-mail (including voice mail internal to the PBX cabinet) or other ancillary equipment that is part of Customer’s voice network is not covered under the above plans, but are applicable for coverage under other Voice Maintenance service plans.
B. Remote and On-Site MAC, subject to applicable charges.
C. Alarm Monitoring, during Office Hours for 8x5 service or 24x7 for 24x7 service.
D. Remedial Software Maintenance.
E. Periodic Site Survey. Company will provide a quarterly site remote survey of software and hardware components in the Avaya system (including any added components not part of the System), sourcebook of configuration design, and backup for remote binary backup of Avaya operating system. This remote site survey service is limited to specific manufacturers and equipment and software release levels as provided by Company from time to time.
3.11.4 Response Time Objectives.
A. 8x5 Avaya VM Service Plans: Response time objective for Avaya VM Major System Failures during Office Hours is 2 hours. Response time objective for Avaya VM Major System Failures occurring outside of Office Hours will be the next business day. Response time objective for Avaya VM Minor System Failures will be next business day.
B. 24x7 Avaya VM Service Plans: Response time objective for Avaya VM Major System Failures will be 2 hours. Response time objective for Avaya VM Minor System Failures will be next business day.
3.11.5 Avaya VM Service Definitions.
A. Avaya VM Major System Failure. Avaya VM Major and Avaya VM Minor System Failures are defined according to the relevant Avaya product group as shown in the quote. Note that the System software may indicate that a particular alarm is a major alarm or a minor alarm. Notwithstanding such indication, Avaya VM Major and Avaya VM Minor System Failures will be defined as shown below.
A.1 DEFINITY, Communication Manager, AUDIX, Intuity and supported systems (e.g. SUN). For the Avaya DEFINITY, Communication Manager, AUDIX, Intuity and supported systems (e.g. SUN) products , an “Avaya VM Major System Failure” means that one or more of the following conditions are present:
a. 25% or more of the trunks and/or stations supported by the common control unit are out of service at any time.
b. The attendant console or common control processor is out of service.
c. 25% or more of the data peripherals supported by the common control unit are out of service at any time.
d. 25% or more of the special network capabilities supported by the common control unit are out of service at any time.
e. 25% or more of the user community is out of service at any time.
f. Any other failure that Customer and Company mutually agree is a major system failure.
A.2 PARTNER, MERLIN Legend, MERLIN MAGIX and IP Office Integrated systems. For the Avaya PARTNER, MERLIN Legend, MERLIN MAGIX and IP Office Integrated systems products, an “Avaya VM Major System Failure” means that a failure that Company determines materially affects a critical operation of Customer’s telecommunications system.
A.3 CRM, Modular Messaging and Messaging Software Products. For the Avaya CRM, Modular Messaging and Messaging Software Products, an “Avaya VM Major System Failure” means that one or more of the following conditions are present:
a. A complete outage of operating system or application software.
b. A software issue causing a complete system crash or significant loss of data.
c. A failure that Company determines materially affects a critical operation of Customer’s telecommunications system.
d. Any other failure that Customer and Company mutually agree is a major system failure.
A.4 CONVERSANT, Interactive Response (IR), Voice Portal (VP) and Call Management Systems (CMS). For the Avaya CONVERSANT, Interactive Response (IR), Voice Portal (VP) and Call Management Systems (CMS) products, an “Avaya VM Major System Failure” means that one or more of the following conditions are present:
a. The System is down and not accessible by more than 50% of users
b. The System is losing data or not collecting data.
c. In addition to the above, for Conversant/IR/VP systems a condition where the system is not processing calls or 25% or more of T1 or tip/ring capacity is out of service.
d. Any other failure that Customer and Company mutually agree is a major system failure.
A.5 Octel Message Servers, Supported Voice Mail and Associated Hardware and Software. For the Avaya Octel Message Servers, Supported Voice Mail and Associated Hardware and Software products, an “Avaya VM Major System Failure” means that one or more of the following conditions are present:
A.5.1 Message Servers.
a. Unscheduled total system outage and failure to reboot for any reason.
b. The inability to access the System through the System Manager Terminal (“SMT”), if applicable.
c. Inability to access the System through 25% or more of all ports.
d. Inoperability of one or more of the disk drives that store message or data.
e. Loss of integration with the communications manager or other servers.
f. System restarts or reboots.
g. Inability of the System to collect Call Detail Records (“CDR”) data, if applicable.
h. Message waiting not functioning system wide.
i. Installed networking with the communications manager or other servers not functioning.
A.5.2 Data Module (for Aspen systems and OMD 250/350 message servers):
a. The inability to access the data module through the data module console terminal.
b. The inability to access the messaging server through SMT emulation,
c. The inability to access the data module through the fax board, voice board, module interface board or service modem.
d. The inability to access a host computer via the relevant data module application.
e. The inoperability of the interface to the data module.
A.5.3 Associated software as shown on the quote:
Anytime that the software feature or entire custom application, works, data module or prepackaged application is not functioning.
A.5.4 Any other failure that Customer and Company mutually agree is a major system failure.
A.6 Meeting Exchange Conference Products. For the Avaya Meeting Exchange Conference Products, an “Avaya VM Major System Failure” means that one or more of the following conditions are present:
a. The loss of all transaction processing capability (e.g. loss of browser based call conferencing, data transmission)
b. A significant reduction in conference traffic handling capability or the function of conferencing applications.
c. Failures that Company determines materially affects a critical business operations and have no acceptable workaround.
d. Any other failure that Customer and Company mutually agree is a major system failure.
B. Avaya VM Minor System Failure. “Avaya VM Minor System Failure” means any System failure or malfunction other than an Avaya VM Major System Failure.
3.12 8x5 and 24x7 Software Subscription Service for Avaya Systems; 8x5 and 24x7 Software Subscription Plus Upgrades Service for Avaya Systems.
A. 8x5 Avaya VM Software Service plans provide Remote Support for Supported Software during Office Hours. Company will charge its then prevailing labor rate for Customer requested Remote Support for Supported Software outside of Office Hours.
B. 8x5 Avaya VM Software Service plans provide Remote Support for Avaya Major and Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Avaya Major or Minor System Failures outside of Office Hours.
C. 24x7 Avaya VM Software Service plans provide Remote Support for Supported Software 24 hours a day, 7 days a week, including holidays.
D. 24x7 Avaya VM Software Service plans provide Remote Support for Avaya Major System Failures, 7 days a week, 24 hours a day, including holidays.
E. 24x7 Avaya VM Software Service is available for Minor System Failures during Office Hours. Company will charge its then prevailing labor rate for Customer requested repair of Minor System Failures outside of Office Hours.
A. Company will issue Updates, Major and Minor Releases either electronically or via CD-ROM format as provided by Avaya.
B. Company will issue Supported Software documentation, including software product bulletins, Frequently Asked Questions (FAQs), installation tips and troubleshooting tips as required and provided by Avaya.
C. On-Site Support. Upon Customer request, Company will provide On-Site Support for Supported Software and On-Site Support required to address Avaya Major System Failures and Minor System Failures at Company’s then prevailing labor rate.
D. Alarm Monitoring.
A. 8x5 Avaya VM Software Service. Response time objective for Avaya Major System Failures during Office Hours is two hours. Response time objective for Avaya Major System Failures occurring outside of Office Hours will be the next business day. Response time objective for Minor System Failures will be next business day.
B. 24x7 Avaya VM Software Service. Response time objective for Avaya Major System Failures is two hours. Response time objective for Minor System Failures will be next business day.
A. Avaya Major System Failure. “Avaya Major System Failure” means failures that Company determines to materially affect critical operations and have no acceptable workaround. Note that the System software may indicate that a particular alarm is a major alarm or a minor alarm. Notwithstanding such indication, Avaya Major and Minor System Failures will be defined as shown below. Critical operations are those such as:
A.1 Complete outages of the application software that results in the loss of all processing capability or that cause significant reduction in the capability or the function of the application.
A.2 Outages of the application software that impact more than 50% of the users.
A.3. Conditions where the System is losing data, not collecting data, or the system is not processing calls as a result of the application software.
A.4 Software bugs that cause a complete System crash or significant loss of data.
A.5 Other software problems that significantly impede access or use of the software.
A.6 Any other failure that Customer and Company mutually agree is a major system failure.
B. Minor System Failure. “Minor System Failure” means any System failure or malfunction other than a Major System Failure.
C. Major Release. “Major Release” means a major change to the software that introduces new optional features and functionality. Major Releases are typically designated as a change in the digit(s) to the left of the first decimal point (e.g. [n].y.z).
D. Minor Release. “Minor Release” means a change to the software that introduces a limited amount of new optional features and functionality. Minor Releases are typically designated as a change in the digit to the right of the first decimal point (e.g. n.[y].z).
E. On-Site Support. “On-Site Support” is the provision of installation or technical support with an on-site technician. A minimum of one hour labor charge will apply for On-Site Support. The labor charge includes travel time and will be charged from the time the dispatch begins until Company closes the work order. Labor charges after the first hour will be charged in 30 minute increments for labor time of 30 minutes or any part thereof.
F. Remote Support. “Remote Support” means that Company will provide technical support to install those changes that can be made using Company approved remote connectivity. Additionally, in the event Supported Software must be repaired, Company will provide the technical support and Updates necessary to restore the System to the level of working condition existing prior to the fault or problem. This will require the Customer to provide the current configuration files and software for the System. Requests that cannot be completed remotely will be supported as On-Site Support, upon Customer’s request.
G. Supported Software. “Supported Software” means the software products included on a quote that are eligible for software support under Avaya VM Software Service. Updates, Major Releases, and Minor Releases are included in Software Support Plus Upgrades. Updates, and Minor Releases are included in Software Support.
4. Labor Rates and Charges. The following labor rates and charges apply to Voice Maintenance Plans, Data Maintenance Plans, and Certain Other Work.