Services Level Agreement
MCDS shall provide Support and Maintenance Services in accordance with the terms of this Exhibit, which such terms may be amended from time to time by MCDS.
1) DEFINITIONS.
Software Version Release means a new version of the software Product with 1 decimal numbering (eg: vX.X) substantially revised with new features and/or major functionality improvements, including bug fixes and prior Software Maintenance Upgrades.
Update means a Software patch issued by MCDS to correct defects or deficiencies in Software or to provide minor modifications that do not substantially change the basic character or structure of Software.
Upgrade means an incremental release of Software that provides significant improvements (not merely corrections for Software defects and deficiencies) and changes the basic character or structure of Software, including, by way of example only, the inclusion of additional features and/or functionality.
2) SUPPORTED VERSIONS OF THE SOFTWARE.
MCDS shall provide Support and Maintenance Services for the two most recent, subsequent Point Releases and Patch Releases of the Software or for 12 months, whichever is longer. Support and Maintenance Services commence on the date of MCDS’s general release of such Point Release or Patch Release and ends on the date that is twelve (12) months after the date that MCDS releases the next version. For example, if version 1.2 of the Software is released on January 1, 2010, and version 2.0 of the Software is released on July 1, 2010, then MCDS will provide Support and Maintenance Services for the current version 1.2 for the period that commences on January 1, 2010, and ends June 30, 2011.
3) ITEMS COVERED BY SUPPORT AND MAINTENANCE SERVICES.
Support and Maintenance shall include:
remote assist and issued tickets on http://www.billing.mcdsbhd.com for all technical issues relating to the use of the Software (including errors or problems with the Application itself and assistance understanding specific features);
ITEMS NOT COVERED BY SUPPORT AND MAINTENANCE SERVICES.
MCDS is not obligated to provide Support and Maintenance for errors or problems caused by the following (each, an Excluded Cause):
- third-party components not provided by MCDS;
- any modifications to the Software; use of the Software other than in a recommended environment described in the Documentation; or
- continued use of the Software Version for which Support and Maintenance Services are no longer provided in accordance with Section 2 above.
- System crash due to computer virus infection.
- Network error.
- Internet connection issue.
- Re-training for the new staff
- Operation Systems malfunction
- Printer malfunction
- Application maintenance (Optimise Database, Purge Database, and/or Database maintenance)
- Windows OS and/or Microsoft application creation, how to use Microsoft Excel, export to 3rd party application, and/or unknown error popup in Microsoft Excel process.
4) SUBSCRIBER OBLIGATIONS
Subscriber agrees to provide MCDS with all information and materials requested by MCDS for use in replicating, diagnosing, and correcting an error or other problem with the Software reported by Subscriber. Subscriber acknowledges that MCDS’s ability to provide satisfactory Support and Maintenance Services is dependent on MCDS having the information necessary to replicate the reported problem with the Software. In reporting an error to MCDS, the Subscriber will send a complete and accurate error report (an Error Report) that includes:
- Subscriber name and on-site technical contact information;
- version and maintenance release level of the Software;
- platform and version on which the Software is running;
- a reasonably detailed description of the error, together with any supporting information that Subscriber’s engineers believe will assist MCDS in its diagnostic process;
- any error message(s) or other message(s) generated by the system in association with the error;
- any applicable trace files and/or error logs;
- a test case or instructions necessary to demonstrate the error;
- identification of any additional information (such as dumps, logs, etc.) that are, or can be made, available; and
- the date and time that the error report is submitted to MCDS. Subscriber acknowledges that any Update or Upgrade provided by MCDS may be necessary to the proper operation of the Software and therefore Subscriber agrees to promptly install all Updates or Upgrades made available by MCDS to ensure that Subscriber’s version of the Software remains supported.
5) CONTACT METHODS.
Subscriber may contact MCDS to provide an Error Report and request Support and Maintenance Services by any of the following methods:
online at the following URL: http://www.billing.mcdsbhd.com by opening the ticket via the subscriber’s account at the platform.
WHILE MCDS WILL USE COMMERCIALLY REASONABLE EFFORTS TO RESPOND TO SUBSCRIBER’S REQUESTS USING ALL OF THE ABOVE METHODS.
6) BUSINESS HOURS.
MCDS business hours are defined as 8:00 AM to 6:00 PM (GMT+8) Pacific Time, Monday through Friday,
exclusive of the weekend & public holidays:
7) RESPONSE TIMES.
| Severity Level | Definition | Response |
| Critical | A Critical Severity issue has a significant to critical business impact on a production system, resulting in the Customers production system being either down, or functioning at a significantly reduced capacity. | MCDS agrees that it will respond by a qualified member of its staff to begin to diagnose and correct a Critical Severity fault within one (1) business day after notification by the Customer via email and/or online portal. MCDS will use commercially reasonable efforts to resolving Critical Severity faults as soon as possible. The resolution will be delivered to the Customer as a work-around or as an emergency software fix. If MCDS delivers an acceptable workaround instead of a solution, the severity classification will drop to Medium Severity or lower. |
| Medium | A Medium Severity issue has some business impact on a production system, resulting in some functionality loss on a Customers production system. The Software is usable but does not provide a function most conveniently or expeditiously | MCDS agrees that it will provide an initial response by a qualified member of its staff to begin to diagnose a Medium Severity fault within one (1) business day of notification by Customer via email and/or online portal. MCDS will use commercially reasonable efforts to resolving Medium Severity faults within thirty (30) days or in the next Update of the Software. If MCDS determines, in its sole discretion, that the requirement is unique to the Customers operations, MCDS will notify the Customer within two (2) weeks of receiving notification of the fault with an appropriate recommendation and estimate for resolving the incident. |
| Low | A Low Severity issue is for non-production questions including general usage questions, issues related to a non-production environment, or feature requests. There is no impact on the quality, performance, or functionality of the Customer’s production system. | MCDS agrees that it will provide an initial response by a qualified member of its staff to begin to diagnose a Low Severity fault within one (1) business day of notification by Customer. MCDS does not guarantee a resolution time for Low Severity incidents. |
8) PAYMENT NON REFUNDABLE
Once your booking is confirmed, it cannot be canceled and the payment you made is not refundable.
After payment is received no refund will be offered for changes. Changes or amendments to the purchase will be termed as cancellations and no refund will be offered.
9) TERM AND TERMINATION.
Support and Maintenance Services: Support and Maintenance Services will be provided for the term specified in the relevant Pricing Schedule. MCDS reserves the right to discontinue Support and Maintenance Services related to the Software by providing no less than two (2) weeks’ notice to the Subscriber.
Deactivation and Reactivation Fees: Upon activation of all modules, any deactivation request will incur an administrative fee of RM 950.00 or the online portal price, whichever is higher (subject to change without notice). Reactivation following a suspension due to outstanding payments will also incur an administrative fee of RM 950.00 (subject to change without notice). Accounts suspended for more than 30 days will be permanently terminated, and the Subscriber will need to place a new order at the prevailing price.
Finance Charges: An 8% finance charge will be imposed on any outstanding balance due.
Early Termination: In the event of Early Termination of the Service subscription by either MCDS or the Subscriber, the Subscriber shall immediately pay all amounts due, including but not limited to outstanding fees, charges, costs of services or software licenses, any Termination Sum, or any other amount determined by MCDS.
Outstanding fees refer to any charges due to MCDS, including but not limited to Annual, Monthly, One-time Fees, VA charges, and any other service charges payable directly or indirectly to MCDS.
Termination Rights: MCDS reserves the right to terminate any Subscriber at any time. Termination of this Agreement by either the Subscriber or MCDS shall not relieve the Subscriber of responsibilities and liabilities accrued prior to the termination date. Any termination of the Service Agreement will automatically terminate Support and Maintenance Services.
Additional Terms:
- Minimum Commitment Period: A minimum commitment period of 36 months applies to all subscriptions.
- Auto-Renewal: Subscriptions will automatically renew annually unless a termination notice is received at least 90 days prior to service expiry.
- Terms and Conditions: Payment remittance indicates acknowledgment and agreement to comply with all terms and conditions outlined at https://mcdsbhd.com/legal.
- Dispute Resolution: Any contractual disputes will be resolved according to the terms and conditions specified at https://mcdsbhd.com/legal, including payment terms and termination clauses.
- Early Termination Charge: MCDS reserves the right to impose an early termination charge for premature contract termination.