Incognito Support Terms


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Definitions

 

“Documentation” means the specifications, system requirements, written operating instructions (including online instructions), release notes, maintenance and service level standards, and user guides and manuals for the Software, as may be published or made available from time to time, and any other documentation created pursuant to this Agreement.

“Specifications” means INCOGNITO’s written descriptions of the Software, release notes, and any other specifications related to the Software as contained in the Documentation.

 

Maintenance Definitions

 

“Maintenance Services” means providing Major and Minor Releases, and the ability to log Enhancement Requests. Maintenance Services are provided for the current Major Release (and all associated Minor Releases) for a period of 12 months following the availability of a subsequent Major Release. This applies for all Licensees that have an active and paid-up support and maintenance agreement.

 

“Minor Release” means a subsequent release of the Software in the form of a Feature Pack (FP) or Service Release (SR). A minor release includes fixes or enhancements to the previous Major Release of the software.

 

“Major Release” means the first generally available release of a new version of the Software which contains substantial changes or enhancements.

 

Support Definitions

 

“Support Services” means providing Incident Management services, problem report generation and responding appropriately, and in a timely manner, in support of established service levels objectives. A response may be in the form of an explanation or supply of information, workaround, and/or permanent fix to valid problems reported by the Licensee.

 

“Incident” means an event which is not part of the standard operation of the software. An incident generally has, or may cause an interruption to normal product quality or its operation.

 

“Incident Management” means the process by which an incident or service request is logged and tracked from initial opening through resolution to final closure. The objective of incident management is to restore normal operations promptly, and with the least possible impact to the Licensee.

 

“Problem” is a condition resulting from multiple incidents that exhibit common symptoms. Problems can also be identified from a single, significant incident, indicative of a single error, for which the cause is unknown, but for which the impact is significant.

 

“Valid Problems” means problems notified by Licensee to INCOGNITO that do not result from any breach and/or error caused by: (a) any change to the Software made by any party other than INCOGNITO; (b) accident, neglect, or misuse by any party other than INCOGNITO; (c) Licensee’s failure to provide a suitable installation and/or operating environment for the Software; (d) software, hardware, firmware, data, operating environment, and/or technology not licensed or specified by INCOGNITO ; (e) any telecommunications medium used by Licensee; (f) Licensee’s own computer system; and/or (g) failure of Licensee and/or user to comply with the Documentation. From a Valid Problem, the root cause is identified and will be referred to as a “Known Error.”

 

“Known Error” means a condition identified by successful diagnosis of the root cause of a problem. A Known Error, or sometimes referred to as ‘Known Issue’, will be entered into the Known Error Database (KEDB).

 

“Workaround” means a commercially reasonable solution to a known error that will be made available to the Licensee to resolve a Valid Problem. Workarounds for known errors may later form part of INCOGNITO’s Major or Minor release plan.

 

Hours of Coverage

 

Incidents or service requests can be logged by Licensees 24x7x365 by sending an email to support@incognito.com. A unique incident number will be assigned and the Licensee will be sent confirmation via email. The automated reply contains a unique string in the Subject line that must be included in all subsequent emails in order to attach new information to the original case and avoid opening a new case. Normal Support Services hours are 8:00 a.m. – 5:00 p.m. Pacific Time, Monday to Friday.

 

After Hours Emergency Support

 

A Licensee who requires non-emergency Support Services out of normal support hours should log an incident as per standard process (see Hours of Coverage). A Licensee who requires emergency (Critical and Major service events) Support Services out of normal support hours must contact our emergency support numbers as follows: English: +1 604-607-3771 Spanish: +1 843-579-1226 1800.877.1856 or +1 604.688.4332 and follow the prompts Upon receiving an after-hours support call, the emergency call center records your name, phone number and a summary of the issue, and then contacts the appropriate INCOGNITO support team member who returns a call to the Licensee.

 

Incident Response

 

Licensees with paid-up maintenance fees will be provided support by INCOGNITO and receive an initial response and incident record assignment. INCOGNITO may request that a single point of contact be identified, by the Licensee, to ensure support requests and responses are effectively coordinated and communicated. All support services are conditional upon timely cooperation by provision and availability by Licensee of all necessary personnel, resources, data, IT and technology information and access. Response times for logged incidents are defined in the table below.

 

Incident Severity Levels Service Level Definition Response Period Restoration Period Resolution Period
Level 1 – Critical A production installation of purchased Incognito software is inoperative such that normal customer operations have been halted. Incognito will respond to the request within 1 (one) hour. Incognito shall report status up to every 4 (four) hours or as determined with the Licensee until the incident is resolved. Incognito shall use commercially reasonable efforts to provide restoration of the service within 8 (Eight) hours. Incognito shall report status at regular periods as determined with the Licensee until the service is restored. Incognito will provide a more permanent resolution within 30 (thirty) days
Level 2 – Major A feature, function or capability of the product is inoperable, however, most normal operations can be continued. Request for license key renewal or reissuance. Incognito will respond to the request within 4 (four) hours. Work normal business hours until the incident is resolved, or until a workaround is in place. Incognito shall use commercially reasonable efforts to provide restoration of the service within 1 (one) business week. Incognito shall report status at regular periods as determined with the Licensee until the service is restored. Incognito will provide a more permanent resolution within 30 (thirty) days.
Level 3 – Normal An incident that does not materially affect the continuation of normal customer operations. Incognito will respond to the request within 14 (fourteen) hours. Work normal business hours and report status every week. Incognito shall use commercially reasonable efforts to provide restoration of the service within 45 (Forty-Five) business days. Incognito shall report status at regular periods as determined with the Licensee until the service is restored. Incognito will provide a more permanent resolution by next release.
Level 4 – Query A request for a non-incident related service such as a request for advice or product enhancement. Incognito will respond to the initial request within one (1) business day. No restoration required. N/A

 

INCOGNITO, to the best of its ability, will provide the Licensee with a workaround as defined in the table above. Due to the variation in the complexity of errors that may occur, work-around times cannot be guaranteed. The following conditions are agreed upon prerequisites between INCOGNITO and the Licensee:

  1. INCOGNITO is not responsible for hardware failures and/or fixes not directly attributable to the Software.
  2. The Restoration Period shall begin ONLY once INCOGNITO has established the following: 
    1. a. Verbal contact with a qualified Customer representative capable of providing a written description of the specific issue and able to compile a list of any recent network changes.
    2. 1. i. Reasonable VPN access (ie. SSH, go-to-meeting or similar), with a login account having root privileges to any/all troubled servers running INCOGNITO services
      2. ii. Access to a qualified staff of any vendors providing hardware devices that INCOGNITO deems may be necessary to speed the recovery process, e.g. CMTS, routers, etc.
      3. iii. Access to a qualified staff of any vendors providing software applications that were written to interact with Licensed INCOGNITO software.
    3. b. Ability/authorization to perform on-the-spot upgrades to INCOGNITO services and install related software and tools to assist in troubleshooting and issue resolution (e.g. packet sniffer).
  3. INCOGNITO is not responsible in the case that Licensee, its subsidiaries, or related entities, or 3rd party entities intentionally hinder in any way INCOGNITO’s ability to access the Licensee system for support or troubleshooting at reasonable times. INCOGNITO is also not responsible if Licensee does not follow the reasonable course of action recommended by INCOGNITO. INCOGNITO shall have no liability for any time it takes for Licensee to make a decision to follow INCOGNITO’s recommendations. Delays directly attributable to Licensee actions or inactions in the response period and restoration period will not result in any liability or fault of INCOGNITO.
  4. NON-COMPLIANT DEVICES: INCOGNITO is not responsible for non-RFC compliant or non-DOCSIS compliant or non-PACKETCABLE devices entering the Licensee network and will take a NO-FAULT position.
  5. Turnaround periods do not apply during the cutover from any previous software system to INCOGNITO software, such as INCOGNITO Service Activation software.

THIRD-PARTY UPGRADES: With any upgrades to network hardware (CMTS’s, etc.), or interfaces (middleware) from any third-party suppliers, Licensee will be required to re-test the solution for acceptance based on the original Acceptance Criteria PRIOR to live deployment. Third-party suppliers shall make itself readily available to assist Licensee with any such upgrades. Support involving visiting a Licensee site will be pre-approved by the Licensee and Licensee will reimburse INCOGNITO for travel and living expenses incurred. Otherwise, support shall be provided on a remote basis.