Kod-A SOFTWARE WARRANTY AND SUPPORT TERMS AND CONDITIONS

Kod-A provides Software Support services under these Support Terms and Conditions (“Support Agreement”) available at www.Kod-A.com/agreements. By purchasing Support Services, Licensee agrees to these terms. Where inconsistencies exist between this Support Agreement and any maintenance schedule or quotation (“Schedule”), the Schedule takes precedence.

1. Definitions
   • Covered Software: Licensed software eligible for maintenance, including all related documentation.
   • Maintenance Fees: Fees due to KOD-A for Support Services.
   • Support Services: Maintenance as outlined at www.Kod-A.com/agreements.
2. Provision of Support
   KOD-A’s provision of Support Services depends on Licensee’s adherence to the obligations of this Support Agreement and the relevant License Agreement. Kod-A and its partners can further enhance technical support terms and conditions with project specific Service Level Agreements (SLAs) under the terms and conditions set thereof.
3. Exclusions from Support
   KOD-A is not responsible for issues arising from external products, unauthorised modifications, unsuitable installations, misuse, or unsupported platforms, among others.
4. Support Duration
   Support initially lasts for twelve months from delivery of the Covered Software and renews automatically unless either party gives ninety days’ notice of termination.
5. Maintenance Fees Payment
   Fees are due upon invoice. Overdue balances may incur interest. Non-payment may result in service suspension.
6. Warranty
   KOD-A warrants that Support Services will be executed with industry-standard skill and care consistent with accepted standards in the software industry. Kod-A disclaims all other express, implied, or statutory warranties and conditions, to the fullest extent permissible under applicable law, including, but not limited to, warranties of compatibility, error-free operation, virus-free operation, merchantability, or fitness for a particular purpose.
7. Liability Limits
   KOD-A’s liability excludes indirect, incidental, or consequential damages and is limited to the Maintenance Fees paid within the current support term.
8. Software Licensing
   Covered Software is provided on a non-exclusive, non-assignable basis and non-transferable basis in line with the License Agreement.
9. Agreement Termination
   Either party may terminate under specified circumstances, with certain sections surviving termination.
10. Confidentiality
    Information disclosed under this agreement is treated confidentially and shared only as necessary.
11. Privacy
    Licensee consents to KOD-A’s compliant handling and transfer of personal data, per European standards.
12. General Provisions

• Assignment: The Licensee may not assign or transfer this Agreement without Kod-A’s prior consent.
• Notices: Notices must be given in writing, either by certified or express mail.
• Governing Law: This Agreement is governed by the laws of the Turkish Republic, with disputes subject to Turkish courts.
• Limitation of Actions: No action arising from this Agreement may be brought after one year.
• Entire Agreement: This document and the Technical Support Document constitute the entire agreement between Kod-A and the Licensee.

 

KOD-A SOFTWARE LICENSE WARRANTY TERMS

The following is a part of Kod-A Software License Agreements. Customers are encouraged to make the relevant Technical Support Agreements to enhance the following conditions regarding warranty and technical support conditions. Please refer to www.Kod-A.com/agreements for more information. 

1. Limited Warranty on Software Performance
   Kod-A warrants that, during the term of this agreement, the Covered Software will perform substantially in accordance with the accompanying documentation.
2. Limited Remedies
   Remedies for any breach are limited to support through the Kod-A Software Maintenance Program, including patches, upgrades, or workarounds. Any such remedies provided are contingent upon the Customer reporting the defect within the warranty period.
3. Warranty Exclusions
   This warranty does not cover:
   • Issues caused by misuse, neglect, or unauthorized modifications.
   • Problems arising from use in unsupported environments or on incompatible systems.
   • Third-party software, products, or services not provided by Kod-A.
4. Disclaimer of Additional Warranties
   Except for the express warranties set forth above, Kod-A disclaims all other warranties, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. Kod-A does not warrant that the Software will operate uninterrupted or error-free.
5. Limitation of Liability
   To the maximum extent permitted under applicable law, Kod-A shall not be liable for any indirect, incidental, or consequential damages arising from or related to the use or inability to use the Software. Kod-A’s total liability for any damages shall not exceed the license fees paid by the Customer for the Software during the current license term.
6. Exclusive Remedy
   The remedies set out in this section constitute the Customer’s sole and exclusive remedies for any breach of warranty by Kod-A.

 

DOCUMENT MANAGEMENT SYSTEM TEMPLATE SERVICE LEVEL AGREEMENT (SLA)

1. Scope of Services
   This SLA applies to the Document Management System (DMS) provided by Kod-A for [Customer’s Name]. It defines performance expectations, service availability, and support standards.
2. Service Availability

Uptime: The DMS will have an uptime of 99.5% during business hours (defined as 8:00 AM to 6:00 PM, Monday through Friday) and 98% outside of business hours, excluding scheduled maintenance.

Maintenance Windows: Routine maintenance will occur [specify days/times, e.g., Sundays from 2:00 AM to 4:00 AM]. Customers will be notified at least 48 hours in advance of any additional maintenance periods.

3. Support and Response Times
   The provider offers support as follows:

Severity Level	Description	Initial Response Time	Resolution Target
Critical (P1)	Major DMS failure, system unusable.	1 hour	4 hours
High (P2)	Significant performance degradation.	2 hours	1 business day
Medium (P3)	Moderate issue, minor impact on productivity.	4 hours	2 business days
Low (P4)	Minor issue or general inquiry.	1 business day	5 business days

4. Data Backup and Recovery

Data Backup: Full backups of all DMS data will be taken daily by the Customer.

Recovery: In the event of data loss or corruption, the provider will restore data to the most recent backup within 4 hours for critical incidents.

5. Performance Standards

Page Load Time: The system will load documents and search results within [SLA] seconds for standard documents (under SLA MB) during normal operation hours.

Scalability: The system will accommodate up to [SLA] simultaneous users without performance degradation.

6. Escalation Procedures
   If response or resolution times are not met, escalation paths are as follows:

After [time specified in SLA] past the resolution target for Critical issues, the issue will escalate to the support manager.

For High and Medium issues exceeding the resolution target by [time specified in SLA], the issue will escalate to the project manager.

7. Reporting and Review

Monthly Reports: The provider will deliver monthly reports detailing uptime, incident reports, and SLA performance.

Quarterly Review Meetings: The parties will meet quarterly to review SLA performance and discuss potential improvements.

8. Penalties and Credits
   For failure to meet uptime or response time commitments, Kod-A will issue credits as follows:

Uptime Credits: 1% of the monthly service fee for each 0.1% below the agreed uptime.

Response Time Credits: 2% of the monthly service fee for every P1 incident not resolved within 4 hours.

9. Termination
   Either party may terminate this SLA if the other fails to meet SLA obligations for [three consecutive months], subject to written notice and an opportunity to remedy the breach.