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Support Maintenance Terms
Support; Configuration Change/Enhancement Policies
1. Support – Service Call Response and Resolution Times. Tango will respond to technical support requests from Subscriber (other than Configuration Change Requests or requests for Enhancements, which are addressed in Section 2, below) and will work to resolve issues identified within the Subscription Services in the time frames described below based upon the severity level assigned to the issue by Tango:
Severity 1: Produces an emergency situation in which the Subscription Services are unavailable, produces incorrect results, or fails catastrophically.
RESPONSE: Tango will provide an email response by a qualified member of its staff to begin to diagnose and to correct a Severity 1 problem as soon as reasonably possible, but in any event a response will be provided within two hours. Tango will work continuously using its best efforts to resolve Severity 1 problems. The resolution will be delivered to Subscriber as a work-around or as an emergency software fix. If Tango delivers a work-around that restores Subscriber’s access to the Subscription Services or enables the Subscription Services to function correctly and with most functions operating, the severity classification will drop to a Severity 2.
Severity 2: Produces a detrimental situation in which performance (throughput or response) of the Subscription Services degrades substantially under reasonable loads, such that there is a severe impact on use; the Subscription Services are usable, but materially incomplete; one or more mainline functions is inoperable; or the use is otherwise significantly impacted.
RESPONSE: Tango will provide an email response by a qualified member of its staff to begin to diagnose and to correct a Severity 2 problem as soon as reasonably possible, but in any event a response will be provided within four hours. Tango will use its best efforts to resolve Severity 2 problems. The resolution will be delivered to Subscriber in the same format as Severity 1 problems. If Tango delivers a work-around for a Severity 2 problem that substantially improves or resolves all Severity 2 problems, the severity classification will drop to a Severity 3 with respect to any remaining issues.
Severity 3: Produces an inconvenient situation in which the Subscription Services are usable, but does not provide a function in the most convenient or expeditious manner, and the user suffers little or no significant impact.
RESPONSE: Tango will exercise reasonable efforts to resolve Severity 3 problems in the next maintenance release.
Severity 4: Produces a noticeable situation in which the use of the Subscription Services is affected in some way which is reasonably correctable by a documentation change or by a future, regular release from Tango.
RESPONSE: Tango will provide, as agreed by the Parties, a fix or fixes for Severity 4 problems in future maintenance releases.
To the extent Tango’s response time for technical service requests of Severity 1 or Severity 2 exceeds the minimums set forth above for such requests, such time will constitute Downtime of the Subscription Services pursuant to Exhibit C.
2. Configuration Change Requests or Requests for Enhancements. Configuration Change Requests and requests for Enhancements will be subject to mutually-agreed Statements of Work. Discounts may be available for pre-purchases of blocks of hours to be used for Configuration Change Requests and requests for Enhancements.
Tango Service Level Policies
1. Subscription Services Availability. Tango will provide 99.5% availability of the Subscription Services during Business Hours measured over one-month periods, excluding any System Maintenance or Force Majeure Events, as measured and monitored from Tango’s facilities. Subscription Services availability will be calculated on a monthly basis using the following formula: Subscription Services Availability = [(Actual Availability divided by Total Scheduled Availability) multiplied by 100%]. The following definitions will apply with respect to the calculation of Subscription Services availability:
(a) “Actual Availability” means Total Scheduled Availability minus Downtime, in minutes.
(b) “Downtime” means the time (in minutes) that users of the Subscription Services are not able to utilize the Subscription Services for normal business operations during Business Hours as a result of the Subscription Services demonstrating consistent ping times of greater than one second or page load speeds of more than five seconds on the control pages (i.e., login page, main menu, site search page, store search page, and target search page) excluding excessive production traffic demands as well as pages with spatial / map content, involving multiple layers and/or data sources which will ordinarily take longer to load. Downtime does not include any unavailability of the Subscription Services due to System Maintenance, or a failure or defect arising out of a Force Majeure Event.
(c) “System Maintenance” means time (in minutes) that the Subscription Services is not accessible to Subscriber due to maintenance of Tango’s systems, including for maintenance and upgrading of the software and hardware used by Tango to provide the Subscription Services. System Maintenance includes regularly scheduled maintenance or backup (which occurs every Friday night from 8 p.m. Central Time to Saturday Morning 6 a.m. Central Time), other scheduled maintenance for which Tango provides notice and unscheduled, emergency maintenance. Tango will provide Subscriber with at least five business days’ prior written notice of any other scheduled maintenance and reasonable advance notice for unscheduled, emergency maintenance to the extent practicable.
(d) “Total Scheduled Availability” means all Business Hours during a month, excluding System Maintenance, in minutes.
2. SLA Credits for Subscription Services Availability. If the Subscription Services Availability during any given month falls below 99.5% Tango will provide Subscriber with a credit (an “SLA Credit”) equal to the percentage of the total monthly fee applicable to the month in which the Subscription Services Availability fell below the service level based on the chart below. If Subscriber elects to obtain any SLA Credits, the payments of such SLA Credits will be Subscriber’s sole and exclusive remedy for failure to meet the service level.
| Actual Subscription Services Availability | SLA Credit |
| 99% or greater but less than 99.5% | 1% of subscription fee applicable to month in which failure occurred |
| 98% or greater but less than 99% | 5% of subscription fee applicable to month in which failure occurred |
| 95% or greater but less than 98% | 10% of subscription fee applicable to month in which failure occurred |
| <95% | 25% of subscription fee applicable to month in which failure occurred |