Vidyo.io Services Service And Support Policy For Vidyo.io™ Services - BaseJanuary 2017 – revision17J09nc
The purpose of this document is to describe Vidyo’s service and support policies for Vidyo.io™ Services.
- “Business Day” means Monday through Friday, excluding US national holidays.
- “Business Hours” means 9:00 a.m. to 7:00 p.m. (Eastern Standard Time – EST) on Business Days, and, notwithstanding the foregoing, does not include times during Service Maintenance.
- “Customer Support System” means the system used by Vidyo to track issues raised by Subscribers (also known as cases).
- “Vidyo.io Applications” means (i) those components and modules of the certain application programming interfaces and other computer software that Vidyo will make accessible to Subscriber as part of the Vidyo.io Services provided by Vidyo; (ii) all extensions, additions, modifications, and enhancements thereto; and (iii) the networks, systems, databases or software applications utilized by Vidyo in support of such software and components. The term “Vidyo.io Application” shall be deemed to include Vidyo.io Application Content stored in or displayed through the Vidyo.io Application.
- “Vidyo.io Application Content” means documentation, stories, articles, text, images, multimedia data pictures, sound, graphics, logos, marks, symbols, and artistic content provided by Vidyo (or its third party providers and licensors) and displayed on or through the Vidyo.io Application, as such materials may be modified from time to time; provided however, that no content provided by Subscriber or its Users shall be deemed to be Vidyo.io Application Content. Vidyo.io Application Content shall be deemed to be Vidyo Material hereunder.
- “Specifications” means Vidyo’s published specifications, description guide and/or data sheet, as updated from time to time, for the Vidyo.io Services and the Vidyo.io Applications.
- “Subscriber” or “Company” means the legal entity to which the Vidyo.io Services are being provided and includes Subscriber’s authorized users and guests (“Users”) registered or invited to use the Vidyo.io Services.
- “Subscriber’s Applications” means software applications developed by Subscriber using the Vidyo.io Applications, which interface with the Vidyo.io Services.
- “Subscription Term” means the length of time for which the Subscriber is entitled to utilize the Vidyo.io Services commencing on the first day access to the Vidyo.io Services are made available to Subscriber.
- “System Maintenance” means Vidyo’s maintaining of the Vidyo.io Services and the Vidyo.io Applications which includes, without limitation, hardware upgrades, software upgrades, and network upgrades, as applicable.
- “Terms of Service” means Vidyo Terms of Services for the Vidyo.io Services located at http://www.vidyo.com/cloudservicestos
- “Vidyo.io Services means the Vidyo.io cloud subscription service, including access to the Vidyo.io Applications, enabling Subscriber to develop and operate applications for video collaboration among Subscriber’s Users using supported devices (as per the Specifications).
- “Vidyo.io Availability” means availability, in accordance with the Specifications, to all or
substantially all Subscriber’s Users of the Vidyo.io Service functioning correctly, accurately and
without material degradation of performance as measured over the course of a month.
Scope of Services
- Vidyo will provide Vidyo.io Availability during the Subscription Term, in accordance with the
Vidyo.io Availability Goals indicated below in Section 3.
- Vidyo will provide for (i) the hosting of Vidyo.io Services utilized by Subscriber on multi-tenant server infrastructure, and (ii) the storing and maintaining of subscriber data utilized with respect to the Vidyo.io Services logically separate from the data of other Vidyo subscribers or of Vidyo;(ii) the configuration of the Vidyo.io Services with full power and communications redundancy as determined by Vidyo to be appropriate to achieve the stated Vidyo.io Availability Goals.
- Vidyo will be responsible for (a) all servers, hardware and telecommunications equipment (collectively, the “Equipment”) and for the operating system software loaded onto the servers used to provide the Vidyo.io Services; (b) the other operating systems, server operating systems,network operating systems, systems utilities (including measuring and monitoring tools), data security software, middleware, database management systems, and development tools loaded onto or supporting the Equipment (collectively, the “Systems Software”); and (c) the Vidyo.io Applications used by Vidyo to provide the Vidyo.io Services. Vidyo will not be responsible for the operation of any Subscriber’s Application, Equipment or Systems Software located at Subscriber’s site or User’s connecting devices.
- Vidyo will provide remote technical support services (“TSS”) to Subscriber and will respond to Subscriber reported problems and requests in accordance with the TSS Table (Table 1) shown below. Subscriber shall be solely responsible for providing support to its Users regarding the Vidyo.io Services and the Subscriber Applications.
- Vidyo will be responsible for System Maintenance as indicated in the System Maintenance Table
(Table 2) shown below.
Vidyo.io Availability And Service Commitment
Vidyo will use all reasonable commercial efforts to achieve the target “Vidyo.io Availability Goal” of annual 99.95% Vidyo.io Availability, twenty-four hours per day, seven (7) days per week during the Subscription Term, except during times of System Maintenance, as set forth in Table 2 below. Availability is measured by Vidyo’s monitoring systems.
Remote Technical Support Services (TSS)
The role of the TSS Team is to respond to specific technical issues associated with the Vidyo.io Services and functionality of the technology itself, and includes answering questions related to features and functionalities used by the Vidyo.io Applications. Primary incident-reporting is done via the Vidyo Customer Support System. Incidents will be categorized and handled according to an assigned severity level as indicated in the TSS Response Time Table below. Vidyo TSS Team uses commercially reasonable efforts to respond to each support incident within the applicable response time and reduce severity of cases as shown below. Response times indicated below specify the time for initiation of investigation of the problem, not the length of time within which such problem may be resolved. Rev16F09rvh Page 4 In addition to assistance with specific technical issues reported via the Customer Support System, Vidyo provides access to technical materials such as articles, sample application and best practicies recommendations via the Self-Service Knowledge Base.
TSS Response Time – Table 1:
|Severity Levels||Explanation||Ticket Response|
|Level 1 – Emergency||Vidyo.io Services are down, business operations severely impacted with no workaround and all or most Subscriber’s Users impacted; or an identified material security issue||Within 1 hour during
|Level 2 – High||Vidyo.io Services’ operational functionality is severely degraded, or major components of the service are not operational and work cannot reasonably continue for greater than 50% of the Subscriber’s Users||Within 2 hours during
|Level 3 – Medium||Issues causing moderate to low business disruption; no more than 25% of the Subscriber’s Users are adversely affected; a stable workaround available.||Next Business Day|
|Level 4 – Low||Vidyo.io Services are operational; no significant disruption of business operations; issues with little time sensitivity such as general questions.||Next Business Day|
The TSS Team is not meant as a substitute for Subscriber’s help desk or end user training which shall be the responsibility of Subscriber’s IT team.
System Maintenance refers to any Equipment, Systems Software or Vidyo.io Applications change or
update that has the potential to result in an impact, or reduction to the resiliency or functionality of the
SYSTEM MAINTENANCE TYPES – TABLE 2:
|Planned Maintenance||Planned maintenance involves any activity (operating system patches, service updates, equipment reboot etc.) where it is anticipated to have interruption to the operational functioning of the Vidyo.io Services. Vidyo will provide Subscriber with at least one (1) week posted notification and e-mail notice prior to conducting any planned maintenance with information on the changes and expected downtime. Forty-eight (48) hours email notice prior to any planned outage event will also be provided|
|Emergency Maintenance||Emergency maintenance involves any activity (operating system patches, service updates, equipment reboot etc.) where it may or may not be possible to anticipate an interruption to the operational functioning of the Vidyo.io Services. Vidyo will use all reasonable efforts to provide e-mail notification at least twenty-four (24) hours’ notice for Emergency Maintenance.|
Service Exclusions And Limitations
Vidyo shall not be responsible for, any failure, unavailability, suspension, termination or quality degradation of Vidyo.io Services, or for any support and performance issues relating to or resulting from: (i) use of the Vidyo.io Services contrary to the use rights granted by Vidyo, the applicable Specifications, the Terms of Service or other agreements between the parties; (ii) factors outside of Vidyo’s reasonable control, including, without limitation, Internet access or related problems beyond the demarcation point of Vidyo.io Services (i.e beyond the point in the network where Vidyo maintains access and control over Vidyo.io Services); (iii) Subscriber’s Applications; (iv) any actions or inactions of Subscriber or Subscriber’s Users or any third party (other than Vidyo or its subcontractors); (v) network not meeting the requirements set forth below, (vi) any Subscriber or Subscriber’s User equipment, software or other technology and/or third party equipment (other than third party equipment within Vidyo’s direct control); (vii) any scheduled maintenance; or (viii) any force majeure event as described in the Terms of Service.
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