This document describes The Terms & conditions by which the Client will receive support services from the Support Provider for software products licensed to the Client by Gemini CAD Systems.
Support Services are provided in one of the following situations:
These various situations in which the Client benefits from Support services are defined by corresponding contracting documents which should be read alongside this document, as follows:
Support services are provided for a defined list of software licenses which benefit of support under one of the above-mentioned cases, and this list shall be clearly stipulated in the contracting document (Support Subscription Agreement, Licensing Certificate, Update Subscription Agreement)
All above documents are presented to the client and must be accepted by the Client during contracting this service online from the Gemini CAD Systems throughs its customer portal platform, MyCAD – accessible at https://mycad.geminicad.com
Although these Terms & Conditions cover key elements of the support services, the above-mentioned documents may include areas and conditions not covered by these Terms & Conditions, which will be interpreted as complementary to these Terms & Conditions.
These Terms & Conditions cover only Gemini CAD Systems software products and does not refer to any other software or hardware products or services used by the Client.
The Support Provider acknowledges that the Client depends on the software products which are the subject of the support services. Some of these items are of critical importance to the business. This Terms & Conditions sets out what levels of availability and support the Client is guaranteed to receive for specific software products. These Terms & Conditions represent an important part of the contract between the Client and the Support Provider. It aims to enable the two parties to work together effectively.
|Applications||The software components produced by Gemini CAD Systems and sold by the Support Provider or directly by Gemini CAD Systems, used by Client to perform specific tasks to its business|
|Gemini CAD Systems Technology||Technology of Gemini CAD Systems, including its services, content, software, hardware, algorithms, user interface designs, architecture, class libraries and any related intellectual property rights and also including any derivatives, improvements, enhancements or extensions|
|Client||The entity that agrees upon these Terms & Conditions and receives services from the Support Provider|
|Service Contractor||Gemini CAD Systems|
|Support Provider||Gemini CAD Systems or a third-party entity appointed by Gemini CAD Systems to provide support services to clients in behalf of Gemini CAD Systems|
|Environment||A subset of the IT infrastructure that is used for a particular purpose – for example, production environment.|
|Error||Means an error in the software, which causes the software not to perform substantially in accordance with the specifications, as set forth in the software documentation or to stop working (crash)|
|Hot Fix||Means a temporary solution to an error in a specific release that is delivered separately and does not constitute a maintenance release by itself|
|Incident||Means an unplanned interruption or reduction in the quality of a service or use of an application. Also, a digital data object that is created for every Request of a Client to the Service Desk. It contains all information about the settlement of the Request including the time registrations.|
|Release||Means one or more changes to software or a service that are built,
tested and deployed together. A single release may include changes to hardware, software, documentation, processes and other components.
|Resolution Time||Means the time from which the Support Provider is notified of a Support Request to the point in time when the Support Request is resolved, or an acceptable workaround is devised and in place and the Client is informed of the resolution|
|Response Time||Means the time from which the Support Provider is notified of a Support Request to the point in time when Support Provider starts working on the Support Request and is marked by an e-mail message sent to the Client|
|Service Desk||Means the platform that is used as the single point of contact between the Support Provider and the Client in relation with providing the support services. The Service Desk manages Support Requests and handles communication with the Client. The Service Desk platform is a web application hosted by Gemini CAD Systems and can be accessed only using Gemini Account credentials by users authorized by the Client. All support services received by Client from the Support Provider shall be performed using this platform. For maintaining a transparent process and traceability of issues, it is mandatory for both the Client and the Support Provider to register and manage any communication regarding support services using this platform, even if the communication was initiated between parties through another method or channel. The web address of the platform is http://servicedesk.geminicad.com|
|Support Request||Means a formal request, received by the Service Desk, for a task or action to be performed, an incident to be investigated, or for information to be provided.|
|Workaround||Means a temporary problem-avoiding solution to an error, dedicated to solving a problem for a specific release of the software, which is intended to enhance, extend and increase the functionality and/or performance of the software.|
|Public holidays||Public holidays in the territory of the Support Provider are excluded from the committed service level. Every year, in the first week of January, the Support Provider will inform the Client of the public holidays list. The national holidays on the territory of the Support Provider are also exhibited on Service Desk platform.|
These Terms & Conditions are written in a spirit of partnership. The Support Provider will always use its best efforts to provide the requested support in a timely manner. However, there are few exclusions. These Terms & Conditions do not apply when:
A typical support process starts when a problem / an issue / an incident is reported and addressed for resolution by the Client, using the Service Desk platform. This action means the Client initiates a ticket. The ticket can go through multiple workflow stages as described below. The Response Time and the Resolution Time are only counted for when the ticket awaits action from the Support Provider. A complete documentation about transitioning from one status to another can be found on Service Desk platform, in a dedicated section named “How to add a request”. In short:
At any stage of those above the Client is able to check the ticket, add comments and read comments about the issue written by the Support Team. It is expected for the Client to answer the questions about the ticket sent by the Support Provider in a timely and honest manner. Any delay in the resolution of the ticket caused by poor communication from Client-side is not to be accounted as a breach in applying these Terms & Conditions.
The Business Impact / Severity of a support ticket is set according to the guidelines listed below. Since it is not possible to define every possible condition or technical situation, these guidelines can only provide guidance and any disagreement between Client and Support Provider is handled through escalation procedures.
The Client can register on the Service Desk platform and can expect answers from Support Provider for the types of incidents detailed bellow. Each incident recorded by the Client on the Service Desk will generate a ticket.
Support tickets are categorized according to severity or business impact. These two terms are interchangeable in communication between Client and Support Provider. Support Provider support efforts are prioritized based on the business impact of the issue, and on the support level (Standard or Premium) of the Client organization. Bugs, Licensing and Commercial support requests within a severity level are generally processed on a first-come, first-served basis. Critical and High business impact requests will be processed out of turn. When an incident is reported, the Client is asked to perform a self-assessment of the Severity Level. This initial Severity Level provided by client will influence the reaction time of the Support Provider. The Support Provider will update the Severity Level of the incident, based on the instructions of the Support Agreement and the additional information provided by the Client, when requested.
When submitting a support ticket, Client is requested to provide detailed information (such as name and version of the product, platforms, characteristics of the computer, steps to reproduce in the workflow, exact error messages, logs, changes made to the system or environment prior to the issue, etc.) as requested by the Support Provider support staff in order to properly identify and diagnose the issue and speed up response and resolution of the ticket. Failure to provide this information upon request may result in delay of support assistance not accounted as a breach in applying these Terms & Conditions.
Under these Terms & Conditions, support services are contracted by the Client with Gemini and provided on two levels:
Availability for the Client to reporting incidents or requesting support and the commitment of Gemini to provide the response and resolution in a certain time vary depends on the support level as follows:
|Resolution time||Response time||
|Critical Severity Error||24h||4-5 days||24h||1-2 days|
|High Severity Error||2-3 days||10-14 days||24h||2-3 days|
|Medium Severity Error||4-5 days||No time commitment||24h||10-14 days|
|Low Severity Error||No time commitment||No time commitment||24h||15-30 days|
|Critical Severity Licensing Problems||24h||24h||24h||24h|
|High Severity MyCAD Inquiries||1-2 days||2-3 days||24h||1-2 days|
|Medium Severity Usability inquiries||Not supported||Not supported||1-2 days||-|
|Low Severity Usability inquiries||Not supported||Not supported||4-5 days||-|
The client will initiate all communications only by Service Desk platform accessible at http://servicedesk.geminicad.com, which allows a proper tracking and fast resolution of requests. The service is provided through Service Desk platform.
Requests initiated by Clients through the general-purpose contact phone lines, points of sales, or personal phones of employees, email addresses, SMS or messaging contacts of the Service Contractor or Support Provider will not be pursued or solved by the Support Provider.
According each specific situation of each ticket, the Support Provider shall decide the best option on how to get in touch with Client for solving the problem or collecting more information, either by phone, email, messaging platforms, remote computer control or communication through the Service Desk platform.
Any such communication initiated by the Support Provider on other channel except Service Desk, will recorded on Service Desk platform by the Support Provider and associated with an existing ticket by mentioning the ID number of that ticket. In all replies to such communications, the Client must include the same reference to the ticket ID. If the information added to the ticket by the Support Provider following a phone communication is not declared as "not accurate" in less than 24 hours by the Client, it is considered correct and all actions will take it into account.
The language used in communication between Client and Support Provider is English or Client's language, as specified by the Support Contract.
The issue resolution means the Support Provider ensures the restoration of the applications or services in a way that allows the affected user to continue with their business activities
This can be achieved through a permanent solution or through the provision of a temporary solution referred here as workaround. Once a workaround was provided for a certain issue, the severity can be decreased
Support Provider responsibilities
This document has been prepared in both English and language of the territory, where available. In the event of any inconsistency, the English version shall apply and be binding upon the parties.