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Clearswift Service Description

Last updated: 25/05/06

Clearswift GMBH
Clearswift GMBH provides Services for Customers located in Germany, Switzerland and Austria.

THIS SERVICE DESCRIPTION FORMS PART OF THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT AND IS INCORPORATED THEREIN BY REFERENCE. ALL TERMS OF THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT SHALL APPLY TO THIS SERVICE DESCRIPTION AND VICE VERSA. THIS SERVICE DESCRIPTION SHALL COMMENCE WHEN THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT COMMENCES AND SHALL TERMINATE WHEN THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT TERMINATES OR EXPIRES. SERVICE PROVIDER RESERVES THE RIGHT TO AMEND THIS SERVICE DESCRIPTION FROM TIME TO TIME AND THE TERMS OF SUCH AMENDED SERVICE DESCRIPTION SHALL TAKE EFFECT FROM THE DATE WHEN THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT COMMENCES OR IS RENEWED. ANY REVISIONS SHALL BE INDICATED BY A CHANGE IN THE ISSUE DATE AND THE VERSION CONTAINING THE MOST RECENT ISSUE DATE SHALL BE THE THEN CURRENT SERVICE DESCRIPTION. THE TERMS OF THIS SERVICE DESCRIPTION SHALL ONLY APPLY TO THE SUPPORT PROVIDER AS DEFINED IN THE SERVICE PROVIDER STANDARD SUPPORT AGREEMENT.

1. Incident Categories
The following table sets out the categories that will be assigned to each Incident.

CATEGORY DESCRIPTION
1 Failure of all or part of the Software resulting in Customer not being able to (i) process electronic mails or (ii) access web-pages
2 Failure of all or part of the Software where the Customer has reduced capability or ability to (i) process electronic mails or (ii) access web-pages, but at reduced performance
3 Failure of all or part of the Software where the ability of the Software to (i) process electronic mails or (ii) access web-pages, is not effected
4 Any Incident having minimal impact on the Software, requests for information or requests for Enhancements.

2. Service Levels

2.1 Telephone Calls

2.1.1 Service Provider will endeavour to answer all telephone calls, on average, within 5 minutes. Service Provider will use all reasonable efforts to answer any telephone call within 15 minutes. For the purposes of this section average shall be the average time to answer a telephone call based on all telephone calls received by the Service Provider during the preceding 12 month period.

2.1.2 The first telephone call from a Customer regarding an Incident will be the Initial Call.

2.2 Email

Service Provider will endeavour to respond to an email enquiry regarding an Incident within 8 Working Hours.

Working Hour means a one hour during the period 9.00 to 17.00 Monday to Friday excluding bank holidays in the Germany.

2.3 Response Times

CATEGORY DESCRIPTION
1 Service Provider will respond to the Technical Contact 1 Working Hour after the end of the Initial Call.
2 Service Provider will respond to the Technical Contact 6 Working Hours after the end of the Initial Call.
3 Service Provider will respond to the Technical Contact 16 Working Hours after the end of the Initial Call.
4 Service Provider will respond to the Technical Contact 24 Working Hours after the end of the Initial Call.

2.4 Determination of a Hardware or Software Incident

Service Provider will determine, as soon as is reasonably possible after Service Provider has responded in accordance with clause 2.3, if the Incident is a Hardware Incident or a Software Incident.

2.5 Software Workaround Times

2.5.1 Service Provider will endeavour to provide a Software Workaround for a Category 1 Software Incident within 8 Working Hours of determining that it is a Software Incident.

2.5.2 Service Provider will endeavour to provide a Software Workaround for a Category 2 Software Incident within 12 Working Hours of determining that it is a Software Incident.

2.6 Hardware Services

2.6.1 Dell Gold

2.6.1.1 Once Service Provider has determined and confirmed that the Incident is a Hardware Incident, in the countries identified in Schedule A, Service Provider shall endeavour to ensure that an engineer attends the Customer’s nominated site within 4 hours of the Incident being determined to be a Category 1 Hardware Incident. For all other Incidents Clearswift shall use its reasonable endeavours to ensure that an engineer responds to Customer as soon as is reasonably possible. Unless Customer has Pro and Support Plus, Hardware Incidents determined and confirmed after 17.00 on any business day shall be deemed to be determined and confirmed the next business day.

2.6.1.2 Clearswift shall purchase the Gold support package as described in the statement of work located here

2.6.2 Dell Silver

2.6.2.1 Once Service Provider has determined and confirmed that the Incident is a Hardware Incident, in the countries identified in Schedule A, Service Provider shall endeavour to ensure that an engineer attends the Customer’s nominated site within 4 hours of the Incident being determined to be a Category 1 Hardware Incident. For all other Incidents Clearswift shall use its reasonable endeavours to ensure that an engineer attends Customer’s nominated site as soon as is reasonably possible. Unless Customer has Pro and Support Plus, Hardware Incidents determined and confirmed after 17.00 on any business day shall be deemed to be determined and confirmed the next business day.

2.6.2.2 Clearswift shall purchase the Silver support package as described in the statement of work located here.

2.6.2.3 Unless otherwise indicated on the Support Certificate, all EN range appliances shall be supplied with Dell Silver.

2.6.3 Dell Bronze

2.6.3.1 Once Service Provider has determined and confirmed that the Incident is a Hardware Incident, in the countries identified in Schedule A, Service Provider shall endeavour to ensure that an engineer attends the Customer’s nominated site the next business day of the Incident being determined to be a Category 1 Hardware Incident. For all other Incidents Clearswift shall use its reasonable endeavours to ensure that an engineer attends Customer’s nominated site as soon as is reasonably possible. Hardware Incidents determined and confirmed after 16.00 on any business day shall be deemed to be determined and confirmed the next business day.

2.6.3.2 Clearswift shall purchase the Bronze support package as described in the statement of work located here.

2.6.3.3 Unless otherwise indicated on the Support Certificate, all CS range appliances shall be supplied with Dell Bronze .

2.7 Service Provider does not provide any Hardware Services in the countries indicated in Schedule B.

2.8 In the event that Customer contacts the hardware vendor directly, Service Provider cannot accept any responsibility or liability for the performance of such hardware vendor under any circumstances.

3. Service Hours

3.1 Pro and Support Standard (Std)

8.00 – 18.00 GMT Monday to Friday excluding bank holidays in the United Kingdom.

3.2 Pro and Support Plus

3.2.1 Category 1 Incidents

For Category 1 Software and/or Hardware Incidents for Customers who have purchased Pro and Support Plus then the Service Hours are 24 hours a day, 7 days a week.

Services provided between 18.00 and 8.00 GMT will be English language only.

3.2.2 Non Category 1 Incidents

For Category 2, 3 and/or 4 Software and/or Hardware Incidents for Customers who have purchased Pro and Support Plus then the Service Hours are 8.00 – 18.00 GMT Monday to Friday excluding bank holidays in the United Kingdom.

4. Help Desk

Telephone Number: 0800 1800 556

Email address: support@clearswift.com

Customers with Pro and Support Plus may be provided with a different number to call between 18.00 and 8.00 GMT


Schedule A

Europe
Austria
Belgium
Czech Republic
Denmark
Finland
France
Germany
Ireland
Italy
Luxembourg
Netherlands
Norway
Poland
Portugal
Spain
Sweden
Switzerland
United Kingdom

Schedule B

Europe
Rest of the World
Andorra All countries
Antarctica  
Greenland  
Jan Mayen  
Madeira  
San Marino  

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