Fishbowl Solutions Technical Support Services Guidelines

Section 1: General Technical Support Services Guidelines

A.     Applicability

The Fishbowl Solutions Technical Support Services Guidelines (TSSG) applies to all Programs included in the Order which this TSSG accompanies.

B.     Support Hours

Fishbowl will provide a telephone number and e-mail address in effect Monday through Friday 8:30am to 5:00pm Central Standard Time.  Fishbowl will provide support as needed to evaluate and assist in the resolution of problems related to the Customer’s use of the product or items included in the support agreement.

C.     Initial Response

Initial response time for a Customer is one (1) business hour from the time of the initial contact with Fishbowl.

D.     Support Escalation Summary

Severity Maximum initial Response Time Time Since Call Opened Escalate Call To
Critical 30 minutes 1 hour Support Manager
2 hours Director of Services
4 hours President/Account Manager
High 1 hour 4 hours Support Manager
8 hours Director of Services
16 hours President/Account Manager
Medium 1 hour 8 hours Support Manager
16 hours Director of Services
Low 1 hour 24 hours Support Manager
For purposes hereof, “Response Time” shall mean the time taken for Fishbowl to respond to a problem or issue reported by the Customer. Fishbowl will use best efforts to resolve the problem or issue as soon as possible to Customer’s reasonable satisfaction.

E.     Severity Levels

Critical – Large portions of the production system are inoperable with no immediate workaround or resolution available.  Remote system access may, at the discretion of Fishbowl, be necessary for problem resolution. High – Customer is experiencing intermittent failure or performance degradation of the system.  However, essential parts of the systems are functional. Remote system access may be necessary for problem resolution. Medium – Conditions are defined as minor problems that can be worked around with little or no impact to Customer. Low – General questions that do not affect normal operations.

F.     2018 Fishbowl U.S. Holidays Observed

Holiday Date Observed
New Year’s Day Monday, January 1st
Memorial Day Monday, May 28th
Independence Day Wednesday, July 4th
Labor Day Monday, September 3rd
Thanksgiving Day Thursday, November 22nd
Day after Thanksgiving Friday, November 23rd
Christmas Eve Monday, December 24th
Christmas Day Tuesday, December 25th

G.    Definitions

“Customer,” “you” and “your” refers to the individual or entity that has executed this agreement (“Agreement”) and ordered programs from Fishbowl Solutions, Inc. (“Fishbowl”) or an authorized distributor. The following terms have the meanings given: “Ancillary programs” refers to third party materials specified in the program documentation which may only be used for the purposes of installing or operating the programs with which the ancillary programs are delivered. “Fishbowl Software” refers to the software products developed and owned by Fishbowl which you have ordered, program documentation, and any program updates acquired through technical support. “Parties” means references to Fishbowl and Customer collectively. Each may be referred to individually as a “Party”. “Order” means written or electronic documentation (including a quote) that the Parties use to order Support. The Order will specify Customer’s authorized scope of Support, which may include: (a) Standard Support, (b) Sustaining Support, (c) Enterprise Support, or (d) Customization Support. Upon execution by the Parties (or, in the case of electronic orders, confirmation and placement of the order), each Order will be subject to the terms of this Agreement. “Program documentation” refers to the program user manual and program installation manuals. “Programs” or “Software” refers to the software products owned or distributed by Fishbowl which you have ordered, program documentation, and any program updates acquired through technical support. “Support” refers to software and other technical support provided by Fishbowl to Customer as defined in Exhibit A, as it may be supplemented by an addendum or statement of work executed by the Parties. “Term” refers to the period referenced in the ordering document on the date identified in the Order and (each a “Renewal Term”). “Update” or “Release” means a Software release that Fishbowl makes generally available to its customers, along with any corresponding changes to Program documentation. An “Update” specifically refers to an error correction or bug fix, generally indicated by a change in the digit to the right of the second decimal point (e.g., x.x.x to x.x.y). A “Release” specifically refers to an enhancement, new feature, or new functionality, generally indicated by a change in the digit to the right of the first decimal point (e.g., x.x.x to x.y.x) or to the left of the first decimal point (e.g., x.x.x to y.x.x).

H.     Exclusions

Fishbowl will use reasonable efforts to correct any material, reproducible errors in the Software upon Customer’s notification of an error. However, Fishbowl will not be responsible for providing Support where (i) someone (other than Fishbowl) modifies the Software; (ii) Customer changes its operating system or environment in a way that adversely affects the Software or its performance; (iii) Customer uses the Software in a manner other than as authorized under this Agreement or the Documentation; or (iv) Customer’s accident, negligence, or misuse of the Software.

I.       Third Party Vendor-Specific Support Terms

You must remain on a supported environment – including applications and platforms – to receive technical support. If a vendor retires support for its product, you may be required to upgrade to a current certified and supported product, application, hardware platform, framework, database, and/or operating system configuration to continue receiving technical support services from Fishbowl.

J.      Fees and Taxes

All Support Fees payable to Fishbowl are due within 30 days from the invoice date. Until paid in full, delinquent amounts will bear interest from the first date of delinquency at the lower of one and a half percent (1.5%) per month or the highest rate permitted by law, accruing daily. Partial payments shall be applied first to accrued interest, then to unpaid principal. Customer is responsible for all reasonable expenses (including legal fees) incurred by Fishbowl in collecting unpaid or overdue amounts, except where these unpaid or overdue amounts are due solely to billing inaccuracies attributable to Fishbowl. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that Fishbowl must pay based on the programs you ordered, except for taxes based on Fishbowl’s income. You agree that you have not relied on the future availability of any programs or updates in entering into the payment obligations in your Order. However, (a) if you order support and maintenance for programs, the preceding sentence does not relieve Fishbowl of its obligation to provide updates under your Order, if-and-when available, in accordance with Fishbowl’s then current technical support policies, and (b) the preceding sentence does not change the rights granted to you for any program licensed under your Order, per the terms of your Order and this Agreement.

K.     Notices

Any notice, request, demand or other communication regarding the TSSG must be in writing (e-mail is acceptable), must reference this Agreement, and will be deemed to be properly given: (i) upon receipt, if delivered personally; (ii) upon confirmation of receipt by the intended recipient, if by e-mail; (iii) five (5) business days after it is sent by registered or certified mail, with written confirmation of receipt and email; or (iv) three (3) business days after deposit with an internationally recognized express courier, with written confirmation of receipt and email. Notices should be sent to the address(es) set forth on the invoice or below the signatures to this Agreement unless a Party notifies the other that such Party’s addresses have changed.

L.      Limitation of Liability & Disclaimer of Warranties

Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. Fishbowl’s maximum liability for any damages arising out of or related to this agreement or your order, whether in contract or tort, or otherwise, shall be limited to the amount of the fees you paid fishbowl under this agreement, and if such damages result from your use of programs, such liability shall be limited to the fees you paid fishbowl for the program giving rise to the liability. Fishbowl makes no express or implied representations or warranties with respect to the software or support or their condition, merchantability, fitness for any particular purpose, or use by customer.

M.    Other

  • This Agreement and all rights and obligations hereunder, including matters of construction, validly and performance, shall be governed by the laws of the State of Minnesota without reference to the conflict-of-laws doctrine of any jurisdiction. All disputes arising from or related to this Agreement, or the breach thereof, shall be governed by the laws of the State of Minnesota without reference to the conflict-of-laws doctrine of any jurisdiction. All disputes arising from or related to this Agreement, or the breach thereof, shall be solely and exclusively venued in the federal or state courts in and for Hennepin County, Minnesota. The parties agree to submit to the jurisdiction of the courts in and for Hennepin County, Minnesota.
  • You may not assign this Agreement or give or transfer the programs or an interest in them to another individual or entity. If you grant a security interest in the programs, the secured party has no right to use or transfer the programs.
  • Except for actions for nonpayment or breach of Fishbowl’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than two years after the cause of action has accrued.
  • The Uniform Computer Information Transactions Act does not apply to this Agreement or orders placed under it.
  • You understand that Fishbowl’s business partners, including any third party firms retained by you to provide computer consulting services, are independent of Fishbowl and are not Fishbowl’s agents. Fishbowl is not liable for nor bound by any acts of any such business partner.

N.     Force Majeure

Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either of us may cancel unperformed services upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for programs delivered.

Section 2: Specific Support Programs

Maintenance and Support for Fishbowl Software

A.     Support Types & Levels

Standard Support. Subject to Customer’s compliance with this Agreement and the Support Fees stated in an applicable Order, Fishbowl will provide technical support for the Software (“Support”) at no additional charge eight (8) hours per day, five (5) days per week, Monday through Friday 8:30am to 5:00pm Central Standard Time, excluding weekends and national U.S. holidays (“Standard Support”). Standard Support is offered via phone (952-465-3407) and web-based ticketing (through fishbowlsolutions.zendesk.com). Though Fishbowl will use reasonable efforts to respond to Support requests, please initiate Support requests from a person or machine with which Fishbowl’s Support team can interact. Sustaining Support. Subject to Customer’s compliance with this Agreement and the Support Fees stated in an applicable Order, Fishbowl will provide technical support for the Software (“Support”) at no additional charge eight (8) hours per day, five (5) days per week, Monday through Friday 8:30am to 5:00pm Central Standard Time, excluding weekends and national U.S. holidays (“Standard Support”). Standard Support is offered via phone (952-465-3407) and web-based ticketing (through fishbowlsolutions.zendesk.com). Though Fishbowl will use reasonable efforts to respond to Support requests, please initiate Support requests from a person or machine with which Fishbowl’s Support team can interact. Support for products at the Sustaining Support level are supported on the latest certified version of vendor products and will not have future planned Updates or Releases. A professional services Statement of Work would be required to upgrade and certify the product with new versions of vendor and system software at additional cost.

B.     Updates

Fishbowl will make Updates and Releases available to Customer on the same secure website where Customer downloaded the Software and the License Key.
  1. Renewal/Discontinuation of Standard Maintenance and Support.
Sixty (60) days prior to the end of the initial Term or any Renewal Term for perpetually licensed Fishbowl Software, Fishbowl shall send Customer an invoice for the next year’s Support. Upon receipt of such invoice, Customer shall have a period of thirty (30) days in which to advise Fishbowl in writing that Customer wishes to terminate Support. If no such notice is received by Fishbowl within the thirty (30) day period, then Support shall automatically renew for an additional one (1) year period. Both parties reserve the right to terminate Support by providing written notice thirty (30) days in advance of the end of the Initial Term or any Renewal Term. Upon expiration or termination of Support, Fishbowl shall have no further obligation to provide further Support to Customer. All Support payments are non–refundable. Customer may reactivate Support, with the prior written consent of Fishbowl, at any time after its expiration as provided above, by payment to Fishbowl of the applicable Support Fee then in effect. Fishbowl may, at its discretion, refuse to allow such reactivation of product support or charge a reactivation fee. Support for Mindbreeze InSpire
  1. Support Provided by Mindbreeze
Mindbreeze provides standard support included with the cost of the Mindbreeze InSpire product. Refer to the General Terms and Conditions (GTC) for Mindbreeze InSpire or visit https://tickets.Mindbreeze.com for additional support info or to submit a support ticket. Support provided by Mindbreeze is not provided by Fishbowl or subject to this agreement.
  1. Support Provided by Fishbowl Solutions
Fishbowl Solutions provides supplemental U.S.-based support for Mindbreeze InSpire. This service is made available to Customer through an Order and referred to as U.S. Based Support for Mindbreeze InSpire (“Mindbreeze Support”). It is not intended to serve as a replacement for Training or Professional Services provided by Fishbowl. Fishbowl‘s Mindbreeze Support entitles the Customer to the following:
  1. Support services provided by Fishbowl’s staff available as defined in Section 1: General Technical Support Services Guidelines.
  2. Mindbreeze Support is intended to offer guidance to customers and answer questions while implementing or maintaining Mindbreeze appliances. Mindbreeze Support covers basic administration tasks and configuration of out-of-the-box features. Mindbreeze Support also covers assistance troubleshooting and investigating issues or defects with the Mindbreeze product. Examples of supported topics include:
    • Configuring indices, data sources, and out-of-the-box connectors
    • Configuring filter and client services including enabling previews, configuring facets, and setting up search suggestions
    • Creating search apps using the Search App Designer or default Mindbreeze search interface
    • Configuring query transformation plugins including boosting, synonyms, replacements, vocabulary, and stemming
    • Answering questions about the upgrade process or troubleshooting problems encountered during an upgrade
    • Troubleshooting Mindbreeze behavior that is a suspected deviation from intended product behavior
    • Troubleshooting problems with the appliance hardware such as a failed hard drive or power supply
  3. Support does not cover customizations, code modifications, solution architecture or execution of project-specific tasks. These services can be made available through a professional services contract. Examples of out-of-scope topics include:
    • Providing specific regular expressions to address an entity extraction use case for an index
    • Adding custom annotations to document previews
    • Customizing the Mindbreeze search interfaces such as modifying the client.js, index.html, or mustache template files
    • Developing customizations such as Post Filter, Item Transformation, or Query Transformation plugins
    • Performing upgrades for customers
    • Troubleshooting customizations
    • Installing third-party software on the Mindbreeze appliance
  4. If a suspected product defect is uncovered during the investigation of a support inquiry, Fishbowl will escalate and relay issues to Mindbreeze on the Customer’s behalf.
  5. Unless otherwise negotiated in a Statement of Work, Customer is responsible for the actual implementation or configuration search appliances. Support does not provide Fishbowl resources to perform configurations or updates within a customer’s environment.

Other Support Packages

Enterprise Support

Subject to the Support Fees stated in an applicable Order, Fishbowl will provide enterprise technical support as defined in the agreed upon Enterprise Support Statement of Work.

Customization Support

Subject to the Support Fees stated in an applicable Order, Fishbowl will provide customization support as defined in the agreed upon Customization Support Statement of Work.