Service Desk - Terms

Eport LLC and its partners will use commercially reasonable efforts to provide the following Level 1 Service Desk following completion of the Service Desk onboarding:

 

1. Provide incident management (i.e. where an "incident" is an unplanned interruption in the Services or a reduction in the quality of a Service) and service request resolution to End Users in connection with the Services.

2. Provide support of technology related inquiries of the End User's PC hardware and software environment for technology items specified under Schedule "A" - "Supported Hardware, Software and Operating Systems" below and will include identification of common errors, recommendation of routine fixes, and assignment of ticket back to local representative or to manufacturer/software vendor, as required, subject the local representatives responsibilities set out below. Where End User's PC hardware and software environment is not supported, Service Desk will log the call and make commercially reasonable efforts, where Service Desk has the requisite knowledge, to identify common errors, recommend routine fixes and assign ticket back to local representative as required.

3. Eport LLC will provide the Service Desk via phone, email and chat channels, remote view and remote control. Hours and location of support will be as indicated in the Service Desk option selected. End Users must be registered in SOS system in order to receive Service Desk.

4. Coordinate escalation of service requests to the local representative for End Users (e.g. where site support is to be provided by local representative).

5. Track and document incidents and formulate trend analysis.

6. When available, provide web portal access to End Users through PSA tools such as ConnectWise and Autotask to enable them to view relevant service desk incidents, status of open service desk incidents, and access to Self-Support knowledge base.

7. Record incoming calls for Quality monitoring purposes

 

Eport LLC and its partners reserves the right to modify, suspend or discontinue the Service Desk at any time for any reason with notice. Service Desk will not commence until the client onboarding has been completed in its entirety.

 

Exclusions

Service Desk excludes any work, task or activity not set out in these Terms. It also specifically excludes any sustained project or consulting work which requires the ongoing involvement of Eport LLC service desk IT staff or the use of external professional resources. The exclusions include, but are not limited to, the following: Local site support, which must be provided by the Reseller; ERP (Enterprise resource planning) systems; specialty applications; project work; payroll and HR software; accounting software; proprietary databases; document management systems; application programming and systems development, and other exclusions reasonably determined by Eport LLC.

 

Service Levels

Eport LLC will use commercially reasonable efforts to provide the Service Desk in accordance with the service levels set out below, provided that local representative also meets its service level obligations set out below.

The following service levels apply to Eport's Service Desk:

 

Description (monthly)

Service Level metric

 

ASA (Average Speed of Answer)

80% of calls and chats will be answered within 60 seconds or less.

 

FCR (First Contact Resolution)

80% of contacts will be resolved at the first level for resolvable incidents with defined scripts

 

Abandonment Rate

Up to 5% of all calls and chats maybe abandoned by the caller 30 seconds or more.

 

Voice Message Response Time

Average of 30 minutes or less for Voice Message response time

 

The following service levels apply to Reseller for any escalations raised to local representative:

 

Description

Service Level metric

LEVEL 1 Escalation resolved within 30mins (ONSHORE / OFFSHORE)

LEVEL 2 Escalation resolved within 1 Hour (OFFSHORE)

LEVEL 3 Escalation resolved within 2 Hours (OFFSHORE)

LEVEL 4 Escalation resolved within 4 Hours (OFFSHORE)

LEVEL 5 Escalation resolved within 8 Hours (OFFSHORE)

 

Confidential Information

"Confidential information" means: (a) nonpublic information that the Reseller, Eport LLC or one its affiliates designates as being confidential; or (b) nonpublic information which, given the nature of the disclosure or the circumstances surrounding disclosure, the receiving party should treat as confidential.

Each party agrees not to disclose any confidential information during the term of the Service Desk and for two (2) years following the termination of the Service Desk excluding confidential information that contains personal information that will continue to remain confidential so long as it is retained. The receiving party will not be liable for disclosure of information which: (a) it already knew without an obligation to maintain the information as confidential; (b) it received from a third party without breach of an obligation of confidentiality owed to the other party; (c) it independently developed; or (d) becomes publicly known through no wrongful act of the receiving party. However, confidential information may be disclosed as required by a judicial or other governmental order, if the receiving party either: (a) gives reasonable notice of the order to allow the other party a reasonable opportunity to seek a protective order or otherwise prevent or restrict its disclosure; or (b) obtains written assurance from the entity issuing the order that it will protect the confidential information to the maximum level allowed under applicable law or regulation. For clarity nothing herein shall restrict Eport LLC from disclosing information reasonably necessary required to provide the Service Desk.

 

Non-Solicitation

The local representative agrees that during the term it receives Service Desk services from Eport LLC and for a period of twelve months thereafter, it shall not employ or solicit any employee or consultant of Eport LLC for the purposes of full, part time, or temporary employment or consultation with the local representative or any organizations within the local representative group of companies without the express written permission of Eport LLC, provided that nothing herein shall restrict an individual from applying for a position or responding to a consulting engagement that is publicly advertised.

 

Limitation of Liability

LOCAL REPRESENTATIVE EXPRESSLY UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL EPORT LLC, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS AND ADVISORS ("INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY END USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY), RESULTING FROM: (i) THE DISRUPTION, USE OR THE INABILITY TO USE THE SERVICE DESK, THE SITE OR ANY CONTENT FOR ANY REASON; (ii) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OR ANY END USERS OF THE SITE, SERVICE DESK OR THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; (iii) ANY ACTION TAKEN BY THE INDEMNIFIED PARTIES AS PART OF AN INVESTIGATION INTO A SUSPECTED VIOLATION OF THE TERMS OR AS A RESULT OF ITS CONCLUSION THAT YOU HAVE VIOLATED, (iv) ANY UNAUTHORIZED DISCLOSURE OR ACCESS TO LOCAL REPRESENTATIVE OR END USER'S ACCOUNT AS A RESULT OF END USER'S MISUSE, LOSS OR THE THEFT OF ANY END USER PASSWORD OR USERNAME; (v) ANY SOFTWARE DOWNLOADED ONTO LOCAL REPRESENTATIVE/END USER SYSTEMS FOR THE PURPOSES OF PROVIDING THE SERVICE DESK OR (vi) ANY OTHER MATTERS RELATING TO THE Service Desk(S), THE SITE OR THE CONTENT.

LOCAL REPRESENTATIVE SPECIFICALLY ACKNOWLEDGES THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE INDEMNIFIED PARTIES SHALL HAVE NO LIABILITY TO YOU FOR ANY CONTENT DOWNLOADED FROM THE SERVICE DESK(S). YOU AGREE THAT THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ANY AND ALL CLAIMS UNDER CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING UNDER THESE TERMS OR FROM ANY OF INGRAM MICRO OR AFFILIATE POLICIES OR THE USE OF THE SITE, THE CONTENT, OR THE SERVICES IS LIMITED TO USD$100.

 

Schedule "A"

Supported Hardware, Software and Operating Systems

The following is a list of Hardware, Software and Operating Systems that may be supported by Eport LLC and which Eport LLC reserves the right to update from time to time.

 

Hardware

Desktop, laptops, peripherals (Keyboard, Mouse, PC Monitor and Docking Stations), Printers (Windows configuration set up, toner replacement and best reasonable effort connectivity), Smart Phones, Storage Devices, Routers, VOIP Phones.

 

Software

Current commercial versions plus 2 versions back, unless no longer supported by the software manufacturer/developer.

 

System Software

Application Software

Security Software

Internet Browser

Utility Software

Operating systems

Microsoft Office suite

Norton

Google Chrome

7-Zip

Drivers

Office for MAC

McAfee

Internet Explore

Win Zip

Adobe Acrobat

AVG

Firefox

Open Office

MS Security Essentials

Safari

Avast

Opera

 

Operating Systems

Windows, Apple and Ubuntu Operating system, current version plus 2 versions back, unless no longer supported by the software manufacturer/developer.

 

Mobile Operating Systems

Android, Apple IOS, Blackberry and Windows Operating system, current version plus 2 versions back, unless no longer supported by the software manufacturer/developer.

 

Out of Scope Hardware, Software and Operating Systems

1. Networking: Cisco, Juniper, HP, Sonic Wall, Checkpoint, FortiGate, Watch Guard

2. Virtualization: VMWare, Citrix, Microsoft, KVM

3. Database: Oracle, MS SQL, MySQL

4. NOC functionality such as remote monitoring and management, alerts and preventative maintenance