Specification of ESET Professional Services

PREAMBLE

Professional Services are a set of services aimed at the thorough care of the Customer's Products. Professional Services include the following services:

A.ESET Deployment and Upgrade service

B.ESET HealthCheck service

C.ESET Premium Support Essential service

D.ESET Premium Support Advanced service

1 Definitions

Unless a particular provision of this Annex implies otherwise, the meaning of all capitalized terms contained herein shall be as defined in this Article, in the main body of the Terms, or as ascribed to them in the particular provisions herein. Such capitalized terms, when defined, will be placed into quotation marks.

1.1"Acceptance Protocol" shall mean a written protocol confirming the acceptance of the Service Output(s) by the Customer, where applicable, that is sent to the Customer after the completion of the relevant Service.

1.2"Assessment Form" refers to a document created by ESET for the purpose of collecting the information required to perform specific activities included in the Service.

1.3"Service Plan" refers to a document created by ESET based upon the details stated in the Assessment Form and the specific areas of Product settings/policies/tasks/reports used by the Customer. It mainly specifies the approximate scope of the activity delivery, dates, and Service delivery type (on-site or remote). The applicable Annex specifies whether the Service Plan will be issued in connection with a specific Service.

1.4"Error" refers to Product functionality that is inconsistent with the description of the Product functionalities contained in the documentation related to the Product. The definition of an Error shall not include a decreased or restricted Product functionality occasioned by a Third Party Product inhibiting the use of technologies in the Product. ESET shall not be liable for solving Errors resulting from defects in hardware and software supplied by a third party or from errors made by persons who are neither employed nor contracted by ESET.

1.5"Permanent Solution" refers to a Product change (e.g., an update to a Product module) that corrects the Error and puts the Product in line with the documentation related to the Product.

1.6"Request" refers to requesting any activity included in the Service or reporting any Error via submission of the Request by the Customer via the applicable ticketing system.

1.7"Severity Levels" refers to the fact that Errors are classified into A (Critical), B (Serious), and C (Common) Severity Levels.

a)"An Error of the 'A' Severity Level" means that the Product or its main functionality either does not work or is suffering from regular/intermittent problems that significantly affect the ability to use the Product.

b)"An Error of the 'B' Severity Level" means that the Product functionality is defective, missing or causes difficulties that make the Product harder to use, but it is not unusable.

c)"An Error of the 'C' Severity Level" means that the Customer is suffering from a slight performance decrease or minor problems that require modifications to be made to the Product or the documentation.

1.8"Specialist" refers to an employee of ESET or of its subcontractor that provides Services to Customers.

1.9"Suggestions & Recommendations Document" or "S&R Document" refers to an activity output. It is a document created by ESET that summarizes the findings and recommendations for improvements to ESET Product's environment (also in the context of the Customer's IT infrastructure components that are necessary for the operation of ESET Products).

1.10"Temporary Solution" refers to short-term Product adjustments delivered to the Customer in the form of a hotfix or patch.

1.11"Work-Around" refers to circumventing an Error for a certain time or converting it into an Error of a lower Severity Level. Work-Around shall be replaced by the Permanent Solution, unless otherwise agreed with the Customer.

A. ESET Deployment and Upgrade service

1 Description of the ESET Deployment and Upgrade service

1.1The ESET Deployment and Upgrade service consists of the Upgrade activity and Deployment activity.

1.2The Upgrade activity includes the update and configuration of the Product within the Customer’s environment, on a scale and to the extent defined within this Annex and the Service Plan. To avoid any doubt, the Upgrade activity is applicable not only in the case of major version changes, such as going from v5 to v6, but also from v6.1 to v6.2.

1.3The Deployment activity includes the installation and configuration of the Product within the Customer’s environment on a scale and to the extent defined within this Annex and the Service Plan. The Product(s) to be deployed and installation methods to be used are based on the initial assessment of the Customer's environment.

1.4The Deployment activity as well as Upgrade activity, each accounts for the deployment/upgrade of one hundred (100) units of purchased Products into the Customer's infrastructure on selected endpoints, unless stated otherwise in the Service Plan. The structure of endpoint selection will be identified and specified by the deployment team in the Service Plan but may be subject to change upon agreement with the Customer. The Customer will then obtain a manual on how to deploy/upgrade the rest of the Products in its infrastructure as well as the required installation packages. Within one (1) Deployment/Upgrade activity delivery, the ESET Specialist deploys/upgrades the corresponding number of Product(s) to the corresponding number of seats and provides the Customer with created installation packages and precise instructions on how to deploy the rest of the Product(s) on the remaining number of seats.

1.5The Customer is entitled to request the delivery of either a Deployment or the Upgrade activity within one (1) Deployment and Upgrade service. One (1) Deployment and Upgrade service delivery accounts for a maximum of one (1) Man-Day, and this time includes the time spent preparing the Service Plan. ESET shall inform the Customer in the Service Plan if more than one (1) Deployment and Upgrade service is suggested by ESET.

1.6ESET shall provide the Deployment and Upgrade service within thirty (30) days from the submission of the Customer's Request unless stated otherwise in the Service Plan. The Customer is entitled to request the Deployment and Upgrade service at the latest thirty (30) days before the term of the Deployment and Upgrade service expires.

2 Performance of the Deployment and Upgrade service

2.1The Deployment and Upgrade service may be done either by remote access or on-site (in case it is specifically agreed with the Customer at purchase).

2.2The Customer empowers ESET to express its consent to the terms and conditions of End User License Agreement as the Customer's representative.

2.3If the Deployment and Upgrade service stated in the Service Plan is fully delivered, the representative of the Customer shall confirm the Acceptance Protocol with their signature and upload it to the original Request submitted via the services support request form. In case the uploading is not available or will fail, the Customer may send the signed version of the Acceptance Protocol via email to the ESET Partner or ESET, if no ESET Partner is involved there.

2.4If any part of the Deployment and Upgrade service stated in the Service Plan remains undelivered, the representative of the Customer shall mention this fact in the Acceptance Protocol and agree with the ESET on an additional period for delivery of the undelivered part of the activity. If the Parties do not agree on a period for the elimination of defects, the period for the elimination of defects is thirty (30) days.

2.5If the Customer unreasonably refuses to confirm the Acceptance Protocol or to mention any undelivered part of the Deployment and Upgrade service during the period of fourteen (14) days from the activity completion date (date, when the Acceptance Protocol was sent to the Customer), Deployment and Upgrade service shall be deemed accepted and delivered without reservation.

B. ESET HealthCheck service

1 Description of the ESET HealthCheck service

1.1HealthCheck service consists of an activity providing a thorough inspection of the ESET Product(s) specified in the Assessment Form installed in the Customer's IT environment, with a focus on their integration within the Customer's IT infrastructure and correctness and effectiveness of their configuration and settings. The activity outcomes are summarized in the S&R Document.

1.2HealthCheck service would ideally be executed later in the Product license’s lifecycle (e.g., after three (3) months of Product license validity) to verify how effectively the Product was initially set up and how effectively the Customer altered the initial settings. The HealthCheck service is delivered within one (1) Man-Day at maximum, including time spent preparing an S&R Document. If more than one (1) HealthCheck service is suggested by ESET, the Customer will be informed within the Service Plan.

1.3ESET provides the HealthCheck service based on the Request submitted by the Customer. The Customer shall submit such Request at least twenty-one (21) days prior to the desired commencement of the provision of the HealthCheck service and no later than twenty-one (21) days before passing the term of the HealthCheck service. ESET shall inform the Customer in the Service Plan if more than one (1) HealthCheck service delivery is suggested by ESET.

2 Performance of the HealthCheck service

2.1HealthCheck service may be done by remote access or on site (in case it is specifically agreed with the Customer at purchase).

2.2Provision of the HealthCheck service shall be completed when the Customer is delivered the S&R Document by its uploading to the original Request submitted via services support request form.

C. ESET Premium Support Essential service

1 Description of the ESET Premium Support Essential service

1.1ESET Premium Support Essential service means a technical support provided by ESET in relation to Errors occurring in Products that are installed in the Customer's IT environment, which goes beyond the scope of end-user support, as defined in the respective Software’s End User License Agreement.

2 Performance of the Premium Support Essential service

2.1The Premium Support Essential service shall be provided continuously after the Order Acceptance based on the submitted Requests.

2.2Request Submission. When submitting a Request, the Customer shall provide the necessary information as required by the form or the Specialist, such as a detailed problem description, necessary log files, etc.

2.3If the Customer provides inaccurate or incomplete information, the Specialist shall demand that the information be completed or corrected; in the meantime, no period or solution time shall be running under the Terms.

2.4To enable handling the Request, the Customer shall provide remote access, grant the rights required to carry out a remote intervention and secure the presence and assistance of the Customer’s qualified staff in the case of an intervention being carried out on the Customer’s premises.

2.5If the Customer does not provide the required cooperation and assistance, the Specialist may close the Request upon the expiration of twenty-four (24) hours after sending the second (2.) notice demanding cooperation to the contact email address stated in the submitted SSC.

2.6If the Customer does not follow the procedure laid down herein, this shall be regarded as failure to provide cooperation.

2.7All Requests shall be submitted by the Customer on either a services support request form or a HELPDESK phone line. No CLIR or other similar function restricting the identification of the calling line must be activated on the Customer's contact phone numbers at the time of submitting such Request. If all HELPDESK lines are busy, the Customer shall leave a message in the voicemail, which is considered as a proper Request submission.

2.8The submitted Request shall be taken to be confirmed as follows:

a)When using a Services support request form: The proper completion of all required data and confirmations in the form, and the subsequent receipt from ESET of an automatically generated email message confirming that the Request was successfully submitted.

b)When using the HELPDESK phone line number: The provision of all information required by the Specialist, and the subsequent receipt from ESET of an automatically generated email message confirming that the Request was successfully submitted.

If the confirmation email message is not received by the Customer within ten (10) minutes after attempting to submit the Request, the Customer shall call the HELPDESK or use escalation contacts.

2.9Services support request form, HELPDESK phone line and escalation contacts are specified in the Order Acceptance sent to the Customer.

2.10Handling of Requests. All Requests shall be handled and the Error shall be considered fixed when any of the following occurs:

a)The Customer confirms via email to the Specialist that the proposed solution is efficient.

b)The Customer does not respond to the Specialist’s email notice demanding confirmation of the efficiency of the proposed solution within seven (7) days after the receipt of the demand notice.

c)Upon the expiration of twenty-four (24) hours after sending the second notice demanding cooperation pursuant to section 2.5 hereof.

2.11Requests related to the HealthCheck or Deployment/Upgrade services shall be handled by the performance of the related activity in accordance with conditions prescribed in sections A and B of Sec.this Annex.

2.12Error Categorization. The Severity Level of an Error and its category shall be proposed by the Customer and confirmed by the Specialist. ESET reserves the right to change the category of the Error based on the outcomes of its initial analysis.

2.13Solution Mode. A Work-Around, Temporary Solution, or Permanent Solution, as the case may be, shall be employed to solve the Error. Error requiring the Temporary Solution shall be deemed solved if the Error replication tests demonstrate that the product functionality accords with the documentation related to the Product.

2.14Guaranteed Parameters. The complexity of the Product and specific circumstances, such as the Customer's hardware or third-party software prevents specification of fixed solution times for SSCs, as such times and their lengths depend on the nature and complexity of an Error. ESET, however, shall use its best efforts to solve SSCs as soon as practicable on a "best-effort" basis. However, ESET guarantees the following parameters:

Table 1 – Guaranteed SLA Parameters for Premium Support Essential service

*Initial human response time after reporting an Error

2.15Provision of the ESET Premium Support Essential service shall be possible under the condition that the Customer has purchased the ESET Premium Support Essential service for the adequate number of seats as calculated by ESET Partner or ESET if no ESET Partner is involved there. Provided that the Customer modifies the used Product licenses (excluding a renewal), including the increase of the number of seats during the provision of ESET Premium Support Essential service, the Customer is also obliged to modify the ESET Premium Support Essential service to reflect this change. For the avoidance of any doubts, such modification is subject to an additional fee.

2.16If resolving a specific Request requires performing activities that form the basis of another Service offered by ESET, ESET reserves the right not to resolve such Request. The Customer shall be proposed to purchase this additional Service; however, the final decision has to be made by the Customer.

D. ESET Premium Support Advanced service

1 Description of the ESET Premium Support Advanced service

1.1ESET Premium Support Advanced service is the most robust service from the ESET Professional Services. ESET Premium Support Advanced service consists of the following:

a)Deployment and Upgrade service - one (1) Deployment activity or one (1) Upgrade activity in each term of twelve (12) months from the Start Date of ESET Premium Support Advanced service.

b)HealthCheck service - one (1) HealthCheck activity in each term of twelve (12) months from the Start Date of ESET Premium Support Advanced service.

c)ESET Premium Support Essential service.

d)Additional features:

i.Number of Requests. The Number of Requests eligible for the Service is not limited. To avoid any doubt sec. 4.5 of the Terms shall not be affected.

ii.Priority Access to Development Teams. If the Error arises in the Customer's environment and Product development teams need to be involved in its investigation/resolution, such Request from the Customer who uses the Service will be handled as a SSC with higher priority and therefore faster.

iii.Proactive Informative Services. If either a sudden Product incompatibility with a new operating system update or a similar technical issue occurs, ESET shall immediately start working on resolving the issue and inform the Customer of the issue and mitigation of its effects with regards to the infrastructure of the Customer.

iv.Account Manager. The account manager shall be dedicated to being attentive to the Customer's needs during the provision of the Service. The account manager shall approach the Customer proactively to check when a particular activity or individual actions within it need to be executed.

v.Guaranteed Parameter. The SLA defined for ESET Premium Support Essential shall not apply. For ESET Premium Support Advanced, the improved SLA, as described in Table 1 below, shall be used.

Table 1 – Guaranteed SLA Parameters for Premium Support Advanced service

*Initial human response time after reporting an Error by the Customer

1.2The ESET Premium Support Advanced service shall be provided under the condition that the Customer has purchased the ESET Premium Support Advanced service for the adequate number of seats as calculated by the ESET Partner. Provided that the Customer modifies the used Product licenses (excluding a renewal), including when the increase of the number of seats during the provision of ESET Premium Support Advanced service, the Customer is also obliged to modify the ESET Premium Support Advanced service to reflect this change. For the avoidance of any doubts, such modification is subject to an additional fee.

1.3All requirements and conditions described for the respective Professional Service shall apply accordingly also for the ESET Premium Support Advanced service unless otherwise stated in this section.

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