All terms not otherwise defined in this Addendum are as defined in the Encompass Agreement.

Transcription

1 This Technical Support Addendum (this Addendum ), which is incorporated into the Encompass SaaS Agreement or the Encompass SBP Agreement (the Encompass Agreement ) between Customer (also referred to herein as you ) and Ellie Mae, Inc. ( Ellie Mae ), describes the type and level of technical support services you will receive regarding the operation of the Encompass Software and the Services (as defined under the Encompass Agreement). 1. DEFINITIONS All terms not otherwise defined in this Addendum are as defined in the Encompass Agreement. Critical Patch means an unplanned update that contains Critical (P1) fixes and/or emergency compliance updates that are in effect before the next Service Pack. Documentation means the knowledge articles, manuals, user guides and other materials provided by Ellie Mae to assist you in using the Software and the Services. Incident means an unplanned interruption to an IT Service or reduction in the quality of an IT service. Failure of a configuration item that has not yet affected the Services is also classified as an Incident. Line of Business Contacts means a Customer employee or agent with sufficient training and experience in his/her area of business to isolate Problems and to provide sufficient information and assistance to Ellie Mae s Technical Support team to enable them to reproduce such Problems. The named Line of Business Contact shall be the subject matter expert in his/her area. Named Contact means a named individual of Customer with sufficient training and experience to identify and isolate an issue and to provide sufficient information and assistance to Ellie Mae s Technical Support team to enable them to reproduce such issues. The Named Contact shall be the point of contact with Ellie Mae when reporting issues. Ellie Mae may require you to appoint a new Named Contact if Ellie Mae reasonably determines that the Named Contact does not possess the training or experience necessary to perform the required functions of the Named Contact or cannot communicate effectively with Ellie Mae's Technical Support personnel. All inquiries from non-qualified contacts will be referred back to Customer s internal Named Contact. Changes in Named Contacts can be made by you at any time through the use of Ellie Mae s Resource Center. Major Release means a planned update that includes major feature additions or changes, minor enhancements, compliance updates, and/or defect fixes. Problem means any of the following: (i) the Software and/or any of the other Services provided under the Encompass Agreement does not operate substantially in accordance with its respective specifications; (ii) Incidents; or (iii) the applicable Documentation is not correct. Response Time means the elapsed time from when Ellie Mae Technical Support receives a request for assistance from you until the commencement of support. Service Desk means a single point of contact between the End-Users of the Software and Customer s internal help desk to handle Incidents, service requests, issues and application how-to s. Service Pack means a planned update that includes minor enhancements, compliance updates, and/or defect fixes.

2 Services means the services that are covered under this Support Addendum and which are covered under the Enterprise Technical Support Agreement: the Encompass Software Ellie Mae Network Ellie Mae Compliance Management System Encompass 4506-T Service Encompass Appraisal Service Encompass Compliance Service Encompass Consumer Connect Encompass CRM Encompass Developer Connect Encompass Docs Solution Encompass Electronic Document Management Encompass Flood Service Encompass Fraud Service Encompass Loan Officer Connect Encompass Product & Pricing Service Encompass Title & Closing Center Encompass TPO Connect Encompass WebCenter Ellie Mae Total Quality Loan program Ellie Mae AllRegs Technical Support means access to Ellie Mae s Technical Support personnel for the purpose of providing second line assistance to Named Contacts with regard to their use of the Software and Services, but which does not include any custom development, which would be provided under a Statement of Work ( SOW ) by Ellie Mae s Professional Services department. 2. TECHNICAL SUPPORT In order for Ellie Mae to provide you with Technical Support, Product Releases, Service Packs, and/or Critical Patches under this Addendum, you must be current on your Service Fees. Access to Technical Support: Subject to the level of support to which you are entitled (see below), a member of Ellie Mae s Technical Support team will be available to your Named Contact during designated support hours from Monday through Friday (except Ellie Mae holidays) in order to assist you in issue resolution and Technical Support of the Services. Your Named Contact will be responsible for the daily maintenance of the Services per the Documentation and first line of technical support of the Services to your End-Users via your Service Desk. Ellie Mae s Technical Support includes providing your Service Desk and Named Contacts with assistance relating to any standard features and functions of the Services. Maintenance and Technical Support Services Exclusions: The Maintenance and Technical Support services provided under this Addendum do not cover or include the following: Use of Technical Support for purposes other than for which this Addendum is authorized System Configuration Any other Professional Services work that would be covered under an SOW Business Health Checks

3 Additional product implementations Testing of any new features, workflow or enhancements Testing or consulting relating to your use of the SDK and any plugins Testing of any third party applications and/or integrations Supporting your End-Users Debugging and testing changes on your data replication target database, if applicable Evaluating or testing your infrastructure, including Citrix, terminal services, or workstations Assisting any offshore workforce directly Backing up or restoring programs and/or data Migration of data or systems to either production or test Keying, importing, converting, or manipulation of data Onsite, formal, or remote classroom training on the operation and use of the Services Creation of any new, non standard, customer defined workflow At Your request and at the sole discretion of Ellie Mae, Ellie Mae may perform any of the foregoing services on a billable Special Service basis or as part of a separate SOW. You agree that any services rendered pursuant to your request for any of the items listed above will be considered a Special Service. 3. CUSTOMER S OBLIGATIONS You shall maintain a sufficient network bandwidth to allow the Services to operate in your environment. Service Desk: You shall maintain and sufficiently staff and train a Service Desk that provides assistance to your End Users. If you unnecessarily overburden the Managed Environment (the hosted environment) with tools/utilities created, purchased or installed by you that cause undue performance degradation of the Services, Ellie Mae reserves the right to require you to modify, remove or incur additional charges for usage that exceeds usage based on the number of End Users allowed under your Encompass Agreement; provided that, Ellie Mae will give you thirty (30) days notice before it takes any action, unless Ellie Mae needs to take immediate action to prevent downtime of the Services. You shall ensure that you are on the current release of the Encompass Software, unless an exception has been made and agreed to by Ellie Mae. You shall maintain hardware and software on your systems in compliance with the Compatibility Matrix, as found in the Resource Center. In order to receive the Technical Support as set forth in this Addendum, you agree to provide Ellie Mae remote access (e.g., access to your systems, log files, database files, etc.) if necessary to provide such Technical Support. Failure to provide such access may relieve Ellie Mae of its obligations to support you pursuant to this Addendum. 4. SERVICE UPDATES, FIXES AND WORKAROUNDS You agree that all Product Releases, Service Packs, Critical Patches, all other product updates, fixes, and/or workarounds furnished to you shall be deemed to be part of the Services and are therefore subject to the terms and conditions of the Encompass Agreement.

4 5. CASE SUBMISSION AND PRIORITY LEVELS When you contact Ellie Mae Technical Support, you will need to provide Ellie Mae with your Client ID, Named Contact User ID, a detailed description of your issue, who is affected, how many End Users are affected, when the Incident or Problem began, what steps you took to try to address the Problem, and a Priority Rating (based on the below guidelines) of how the Problem is impacting your business. Use the following guidelines to estimate your priority when contacting Ellie Mae Technical Support: Critical (P1) - Critical priority Problems include those in which the Services are down or are otherwise unusable, resulting in total disruption of use or outage of the Services. High (P2) - High priority Problems include those which involve disruption of a major feature or function and have a significant impact on production or severely impair operating efforts. Medium (P3) - Medium priority Problems include those which involve a feature or function failure that results in the Services not working as described in the Documentation. This is Ellie Mae s default priority, unless otherwise set or agreed upon between the Named Contact and Ellie Mae. Low (P4) - Low priority Problems include non-product issues, such as how-to questions. Unless Enterprise Technical Support is listed on the Order Form or the Amended Order Form, then either the Standard Technical Support Level A or the Standard Technical Support Level B will apply to all support cases opened. This is dependent on the category of customer to which you pertain, as defined within the Support Levels as noted below. 5.1 Standard Technical Support Level A Included for those customers with: o Encompass with 5 or more End Users Business Support Hours are from 5:00 a.m. to 5:00 p.m. Pacific Standard Time, Monday Friday (excluding Ellie Mae published holidays) Major Product Releases, Service Packs, and Critical Patches Technical Support via the following channels: o Resource Center Web Case o Chat o Phone Afterhours Support for Critical (P1) Problems Resource Center Case Management 24/7 access to the Knowledge Base and Ellie Mae Resource Center Five (5) Named Contacts Initial Target Service Level Response Times as shown below: Channel Critical High Medium Low Phone 10 Minutes 10 Minutes 10 Minutes 10 Minutes Chat 10 Minutes 10 Minutes 10 Minutes 10 Minutes Resource Center N/A 1 Business Day 1 Business Day 1 Business Day Afterhours 1 Hour N/A N/A N/A

5 5.2 Standard Technical Support Level B Included for those customers with: o Encompass with fewer than 5 End Users Business Support Hours are from 7:00 a.m. to 5:00 p.m. Pacific Standard Time, Monday Friday (excluding Ellie Mae published holidays) Major Product Releases, Service Packs, and Critical Patches Technical Support via the following channels: o Resource Center Web Case Resource Center Case Management 24/7 access to the Knowledge Base and Ellie Mae Resource Center Two (2) Named Contacts Initial Target Service Level Response Times as shown below: Channel Critical High Medium Low Resource Center N/A 1 Business Day 1 Business Day 1 Business Day WARRANTY OF SERVICE Ellie Mae represents and warrants that the Technical Support services set forth in this Addendum will be performed in a workmanlike and professional manner. Except as expressly set forth herein or as set forth in the Encompass Agreement, Ellie Mae makes no other express or implied warranties regarding the services performed hereunder. This Addendum will be governed by the terms and conditions set forth in your Encompass Agreement. Except as set forth above, nothing herein shall modify Ellie Mae s support obligations set forth in the Encompass Agreement. The deliverables as set forth herein are subject to modification at Ellie Mae s discretion upon notice to Customer and upon posting of an updated version of this Addendum on Ellie Mae s Resource Center. Ellie Mae will use reasonable efforts to provide advance, clear notice of any material changes to the terms of this Addendum.