END USER SUPPORT SERVICES

This End User Support Services document details DTEN’s Software and Hardware Support Services.

"Definitions." Capitalized terms used in this Customer Support Services document and not otherwise defined shall have the respective meaning assigned thereto in the Product Use - Terms and Conditions.

1. “Authorized Contact” has the meaning assigned thereto in Customer Responsibilities Section (e) of this Customer Support Services document.

2. “Error” means a failure of the unmodified Software or Hardware to operate as described in the Documentation in all material respects, provided that such condition is reported by Customer to DTEN during active warranty period or active Support Services, and can be verified by both parties.

3. “Fix” means the repair or replacement of Hardware or executable code within the Software to remedy an Error.

4. “Support” means

(a) the provision of minor updates related to the Software (when and if available);

(b) assistance by telephone or internet with respect to the use of the Software and Hardware including without limitation:

- clarification of functions and features of the Software and Hardware
- clarification of the Documentation
- guidance in the operation of the Software and Hardware

(c) Error verification, analysis and correction.

5. “Priority Urgent” means that the Software or Hardware is inoperable.

6. “Priority High” means a problem with the Software or Hardware that causes a serious disruption but operations can continue in a degraded fashion.

7. “Priority Normal” means a non-critical problem in the Software or Hardware where Customer is able to continue to use the Software or Hardware and a Workaround is available and/or there is limited operational impact.

8. “Priority Low” means a non-Priority condition (i.e., not a Priority Urgent, High or Normal).

9. “Service Hours” means regular business hours based on Customer’s location, excluding Saturdays, Sundays and public holidays.

10. “Support Call” means a telephone call, email or website notification from Customer to DTEN in respect of a Priority Urgent, Priority High, Priority Normal, or Priority Low problem.

11. “Support Reply Time” means the elapsed time during Service Hours between the receipt of a Support Call and the target time within which DTEN begins Support as verified by a verbal or email confirmation to Customer.

12. “Workaround” means a procedural change, modification or patch for a particular version of the Software, which may be of a temporary or interim nature, to help avoid an Error.

Support: Details of the Support Service Level Objectives are listed on the Help Center and the Support Services below.

Support Services. For so long as Customer is current in payment of all fees and subject to the terms and conditions of the Product Use - Terms and Conditions, Customer will receive Support as specified herein.

1. Customer Support Center. DTEN shall receive Support Calls from an Authorized Contact and assign a priority level to the request during Service Hours.

2. Support Call Logging. DTEN shall acknowledge receipt of Support Calls by email with a tracking number within the Support Reply Times.

3. Support Reply Times. Support is available during Service Hours with the following Support Reply Times:

DTEN Orbit Basic(Included) DTEN Orbit Plus DTEN Orbit Pro DTEN Orbit Premium
Support Availability Service Hours Service Hours Weekday(24*5) (24*7)
Support Reply Times 24 hours 24 hours 6 hours 3 hours
Support Channel Orbit, Email Orbit, Email Orbit, Email, Chat Orbit, Email, Chat and Phone

4. Response. Following acknowledgement by DTEN in response to a Support Call in respect of a Priority Urgent problem, DTEN will use commercially reasonable efforts to provide Customer with a Workaround or Fix as soon as reasonably practicable, provided that Customer makes its Authorized Contacts available onsite to assist in problem resolution. Following acknowledgement of a Priority High or Normal problem, DTEN will work using commercially reasonable efforts during Service Hours to provide Customer with a Workaround or Fix. Following acknowledgement of a Priority Low problem, DTEN will use reasonable commercial efforts to incorporate any necessary changes with the next release of the Software, or provide a Fix or Workaround thereto, in its sole discretion.

5. Availability: Subscription Product is provided on an as-is basis and DTEN makes no warranty that the Subscription Product will be available continuously. DTEN shall endeavor to provide Subscription Product availability of 99.0% measured annually. As part of Services, DTEN reserves the rights to perform necessary maintenance activities aimed at updating its systems with recommended patches and fixes. General administrative and support Services will be available during normal business hours. DTEN reserves the right to temporarily suspend access to the Subscription Product: a) during planned downtimes for upgrades and maintenance (reasonable notice of such downtimes will be provided to the Customer); b) during any unavailability beyond DTEN’s reasonable control such as acts of God, acts of terror or civil unrest; c) during technical failures beyond DTEN’s control such as inability to access the internet or denial of service attacks; or d) if DTEN suspects or detects malicious software.

6. Exclusions. If DTEN believes that a problem reported by Customer may not be due to an Error in the Software or Hardware, DTEN will notify Customer. Support does not include services requested as a result of, or with respect to, causes which are not attributable to DTEN or the Software and/or Hardware (“Excluded Services”). Excluded Services will be billed to Customer at DTEN’s then current rates. Causes which are not attributable to DTEN or the Software and/or Hardware include, but are not limited to:

a. modifications made by or at the direction of Customer, other than modifications made by DTEN, to its operating environment, third party software, Third Party Components or hardware that adversely affects the Software or Hardware.

b. any alterations or additions to the Software or Hardware not performed by DTEN.

c. failures in operation of the Software or Hardware that are not reproducible in standalone form.

d. Software or Hardware that is otherwise operated in violation of this Product Use - Terms and Conditions or other than in accordance with the Documentation there for.

e. failures which are caused by Customer or Customer’s software or other software, hardware or products not licensed hereunder.

f. failures in Customer’s software or other software, hardware or products not licensed hereunder, unless agreed otherwise in the relevant Order.

7. End User Responsibilities. DTEN’s provision of Support to End User is subject to the following.

a. End User is responsible for providing sufficient information and data to allow DTEN to readily reproduce all reported Errors.

b. End User shall provide DTEN with necessary remote and onsite access to the Software and Hardware, personnel and equipment during Service Hours. This access includes the ability to remotely access the Software and Hardware, subject to End User’s security procedures.

c. End User shall document and promptly report all detected Errors to DTEN. At DTEN’s direction, End User shall take all steps necessary to carry out procedures for the rectification of Errors within a reasonable time after such procedures have been received from DTEN.

d. End User shall properly train its personnel in the use and application of the Software or Hardware.

e. End User shall appoint a reasonable number of trained individuals to serve as primary contacts between End User and DTEN regarding the registry and report of Support Calls (each an “Authorized Contact”). All of End User’s Support Calls and Support inquiries shall be initialized through the Authorized Contacts.

f. End User shall follow the procedure provided below:

Prepare for the Call. You will help the technician serve you better if you have the following information and materials ready when you call: your Subscription Product(s) invoice and serial numbers; service tag number; model and model numbers; the current version of the operating system you are using; and the brand names and models of any peripheral devices (such as a modem) you are using.

Contact DTEN Support For Assistance. For Service and support, contact through one of the following channels:

- Contact using Chat functionality at www.dten.com (available 6 AM- 6 PM PST Monday to Friday, excluding public holidays.
- Submit a ticket through DTEN Help Center at https://help.dten.com/hc/en-us/requests/new (registration may be required)
- Submit a ticket through Orbit Portal: orbit.dten.com (registration may be required)
- Send an email to: support@dten.com

Explain Your Problem to the Technician. Now you are ready to describe the problem you are having with your Subscription Product(s) and other hardware that is under Support. Let the technician know what error message you are getting and when it occurs; what you were doing when the error occurred; and what steps you may have already taken to solve the problem.

Cooperate with the technician. Experience shows that most Subscription Product(s) problems and errors can be corrected over the phone as a result of close cooperation between the User and the technician. Listen carefully to the technician and follow the technician’s directions. If the technician is unable to resolve the problem over the phone and determines that Return-to-Depot Service is necessary, the following standard procedures apply. DTEN regrets that it cannot accept Subscription Product(s)that are not returned in accordance with these shipping instructions:

Display the Return Authorization Number. Please print the authorization number you obtain from the technician clearly and conspicuously on the outside of the prepaid packaging. Unfortunately, DTEN will have to refuse to Service, and will return to you, any Subscription Product(s) that does not clearly and conspicuously display the authorization number on the packaging.

Explain the Problem in Writing. Please enclose a brief description of the problem encountered, the error message received, and the suspected defect you discussed with the technician over the phone.

Shipping. Following the problem diagnosis, if you call during our carrier’s regular business hours, the technician will transfer you to DTEN’s designated freight carrier, explain the situation to the carrier and turn any further shipping actions over to the carrier. If you call outside of our carrier’s regular business hours, we will provide you with information to contact our carrier during their regular business hours. Jointly you and the carrier will arrange for shipping. The Subscription Product(s) must be shipped in the DTEN provided packaging to the address given to you by the technician.

Package Your Subscription Product(s). You will use the original packaging that came with the device or DTEN will provide packaging at additional cost through our freight carrier. You will be responsible for ensuring that the Subscription Product(s) is properly packaged and you will bear the full risk of loss or damage for any Subscription Product(s) that is returned improperly packaged.

Other Shipping Precautions. Do not send your manuals or any non-DTEN supplied options with your Subscription Product(s). Prior to shipping, you must remove the options and components from your Subscription Product(s) as instructed by the technician.

If You Miss The Carrier Visit. If you or your authorized representative is not at the location when the carrier arrives, he or she will leave a delivery attempt notice and will attempt redelivery. If you and the carrier are unable to coordinate the drop-off, you will need to call DTEN and schedule another carrier visit, and you may be subject to an additional charge.

Parts Delivery Service. Customer will pay DTEN for replacement parts when the replaced part isn’t returned to DTEN within 15 days of the date the replacement was shipped by DTEN.

Hardware Repair and Replacement Services. During the term Support is provided for the Hardware or hardware as agreed in the Order, DTEN shall use reasonable commercial efforts to provide such Support, based on service level, as follows:

DTEN Orbit Basic(Included) DTEN Orbit Plus DTEN Orbit Pro DTEN Orbit Premium
Limited Manufacturer Warranty
Extended Warranty for the term of the subscription
Advanced Parts Replacement

1. Scope. The Support Services that DTEN agrees to provide are repair services which are necessary because of any defect which exists in the Hardware and components of the Hardware.

2. Return. If DTEN’s Support personnel determine that the reported issue is related to Hardware failure, Customer shall ship the failed Hardware to the address specified by DTEN support personnel within seven (7) days from receipt of the replacement Hardware.

3. Repair. DTEN will use its reasonable commercial efforts to repair or replace failed Hardware within three (3) business days from the date of the specific determination of the problem. DTEN reserves the right in its discretion to include in the repaired Hardware or Software upgrades, modifications or components that may be new, repaired, or refurbished, provided that the repaired Hardware will have the same compatibility as the failed Hardware and will offer the same functionality as the failed Hardware did when purchased by Customer.

4. Customer Replaceable/ Repairable Parts. DTEN will from time to time designate certain parts as Customer replaceable/ repairable. In the event of a failure of such designated part, DTEN will provide the processes and procedures for Customer performed replacements or repairs. For parts that fail that are not designated Customer replaceable/repairable, DTEN (or its designated agent) will provide and install the replacement parts.

5. Support Not Covered. Hardware Support does not include services requested as a result of, or with respect to, causes which are not attributable to DTEN or the Hardware (“Excluded Services”), including without limitation:

a. modification, alteration, customization or additions to any Hardware, including software installation, which is not approved by DTEN.

b. damage to the Hardware arising out of accident, misuse, abuse, negligence, misapplication, or willful acts of Customer or any third party.

c. failure to provide the appropriate technical environment.

d. restoring data to or preserving data on a returned Hardware.

e. preventive maintenance services, installation, deinstallation, relocation services, or operating supplies.

f. installation, uninstallation, change of location or other alterations to the location of the Hardware conducted by any party other than DTEN or its authorized contractors.

Excluded services and support will be billed to Customer at DTEN’s then current rates.

THIS END USER SUPPORT SERVICES DOCUMENT ONLY DEFINES SERVICE LEVEL OBJECTIVE AND IS NOT A PRODUCT WARRANTY. THE SOFTWARE, HARDWARE AND MATERIALS AND SERVICES RELATED THERETO ARE SUBJECT EXCLUSIVELY TO THE WARRANTIES SET FORTH IN THE PRODUCT USE - TERMS AND CONDITIONS. THIS END USER SUPPORT SERVICES DOCUMENT DOES NOT CHANGE OR SUPERSEDE ANY TERM OF ANY SUCH PRODUCT USE - TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ORDER.