This Support Policy forms part of the LoanSpace Subscription Services Agreement to which it is incorporated by reference or attached (the “Agreement”) and sets forth certain supplemental terms and conditions applicable to LoanSpace’s provision of maintenance and support services with respect to the Subscription Services. Unless otherwise defined herein, any capitalized terms defined in the Agreement and used herein will have the same meaning specified in the Agreement.
This Support Policy applies to Customer’s paid subscriptions to the Subscription Services (“Covered Services”). It does not apply to Third-Party Offerings or Freemium Offerings.
During the Subscription Period, LoanSpace shall make available to Customer, at no additional charge, standard technical support as specified in this Support Policy with respect to the Covered Services (“Support Services”). Support Services shall only be provided to Customer Designated Representatives (subject to the maximum number of permitted Customer Designated Representatives specified in the Agreement or Order Form), and other Authorized Users shall use the Documentation and rely on the Customer Designated Representatives for their support. LoanSpace will use commercially reasonable efforts to resolve any Error reported to LoanSpace by Customer in accordance with the Support Request procedures set forth below, with fully documented and reproducible examples of the reported problem. Customer shall cooperate fully with LoanSpace in LoanSpace’s provision of the Support Services, including by providing LoanSpace, in a timely fashion, with such assistance and access to Customer personnel and information, each as shall be reasonably required for the performance by LoanSpace of the Support Services.
With respect to Errors properly reported by Customer in accordance with the terms of this Support Policy, LoanSpace will use commercially reasonable efforts to adhere to the response target timelines specified in the table below:
Error Classification | Initial Response Time Target |
---|---|
Critical Severity Error | 4 business hours |
High Severity Error | 10 business hours |
Medium Severity Error | 15 business hours |
The specific hours during which Customer is entitled to Support Services (“Support Hours”) are Monday through Friday between 8 a.m. and 5 p.m. ET, excluding Saturdays, Sundays and any holiday observed by LoanSpace. All response time periods are measured starting from the first Support Hour following the reporting of an Error, and are tolled during all periods outside of the Support Hours.
As used in this Support Policy:
- “Error” means any verifiable and reproducible bug, error or similar functional problem with the Covered Services that prevents the Covered Services from functioning substantially in accordance with the applicable Documentation;
- “Critical Severity Error” means an Error that causes complete or significant loss of essential functionality of the Covered Services;
- “High Severity Error” means an Error that causes significant loss of functionality of the Covered Services, but where essential functionality is still available (which may be through a temporary solution or workaround); and
- “Medium Severity Error” means any Error other than a Critical Severity Error or High Severity Error.
Prior to submitting an Error report or other request for Support Services (each, a “Support Request”), a Customer Designated Representative is expected to consult the relevant Documentation and the Knowledge Base accessible through LoanSpace’s website at https://loanspace.com. If the Customer Designated Representative is unable to resolve the issue by referencing the Documentation and Knowledge Base, then the Customer Designated Representative may submit a Support Request to the LoanSpace service center via the support portal accessible through LoanSpace’s website at https://loanspace.com. For Support Requests that Customer considers urgent, the Customer Designated Representative shall promptly notify LoanSpace by email at support@loanspace.com to confirm LoanSpace’s receipt of the Support Request.
When submitting a Support Request, the Customer Designated Representative must furnish LoanSpace with all information and assistance needed by LoanSpace to address the reported issue, including by promptly furnishing sample input and output, providing assistance in isolating and reproducing the suspected Error, performing diagnostics and tests requested by LoanSpace, and carrying out any required remedial tasks requested by LoanSpace. No Support Request may be initiated by a Customer Designated Representative directly to any LoanSpace engineering or professional services personnel or otherwise bypass the LoanSpace support service center. This includes all telephone, fax or e-mail contact of any kind on any subject. LoanSpace’s support service center personnel will be solely responsible for determining if and when any Support Request should be referred to other LoanSpace engineering or professional services personnel.
If Customer has properly reported a Critical Severity Error or High Severity Error in accordance with the terms of this Support Policy and LoanSpace has been unable, within thirty (30) days after the reporting of such Error, to either (i) modify the Covered Services to resolve such Error or (ii) provide a temporary solution or workaround that reasonably meets Customer’s requirements, then Customer shall have the right to terminate its subscription for the applicable Covered Services upon notice to LoanSpace, provided LoanSpace receives such notice within ten (10) days after the expiration of such 30-day period. In such event, LoanSpace shall refund to Customer all unused subscription fees for the terminated portion of any prepaid Subscription Period.
Notwithstanding anything to the contrary contained herein, the following shall be excluded from the scope of the Support Services, except to the extent otherwise agreed by the parties in writing (such as, pursuant to an Order Form): (a) any issue which, following investigation by LoanSpace, is determined not to be an Error in the Covered Services, including issues related to third party software products or the failure to operate the Covered Services in accordance with its Documentation; and (b) any consulting, training, implementation or other professional services for which LoanSpace generally requires customers to separately contract.
Unless otherwise specified in the Agreement, this Support Policy set forth Customer’s sole and exclusive remedies, and LoanSpace’s sole and exclusive obligations, arising from or related to any Error.
LoanSpace reserves the right to update this Support Policy during the Subscription Period. Such updates will become effective upon LoanSpace’s notice to Customer advising it of the updated Support Policy. If, however, such an update results in the material degradation of the level of Support Services or Customer’s associated remedies specified herein, then Customer shall have the right to terminate its subscription for the affected Covered Services upon notice to LoanSpace, provided LoanSpace receives such notice within thirty (30) days after the effective date of the updated Support Policy. In such event, LoanSpace shall refund to Customer all unused subscription fees for the terminated portion of any prepaid Subscription Period.