Appendix VI

Terms Related to Consulting Services

Revision: 2024 V1

Company provides several forms of Consulting Services. These services are delivered as either pre-defined service packages or as custom services. The details of these services will be included in a product description on a proposal or quotation and/or included a in a Statement of Work document.

Company provides certain links to other websites as a convenience to you. Company does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. Company is not responsible for the content of any site that may be linked to Company’s website or this document.

The following section provides the general Terms and Conditions for Services and then the subsequent sections provide details unique to particular services for specific products.

Scheduling and Time Consumption

Estimated Schedule for the Service(s)
  1. All services will have an initial contact within 2-4 business weeks of the internal approval of the Order or Customer’s request for services utilizing an existing project.
  2. Service timelines/schedules may be available upon request at an additional cost once the associated service initializes and Customer provides the required remote server access, project deliverable requirements, and data.
  3. Service schedules/loads change daily, and any delay by Customer in providing required data, performing required actions, et al, impact and delay the service and associated delivery/completion dates.
Consumption of Service Hours
  1. Once a resource is assigned, all activities are billable, consuming project or consulting hours unless otherwise specified. These activities include but are not limited to correspondence, meetings, phone calls, project work & research. The activities are performed during Company standard business hours as defined within Company Terms and Conditions documentation. The hours may be utilized outside standard business hours at 1.5 hours per standard hour when agreed upon.
  2. Scheduled and accepted meetings must be canceled no later than 24 hours before they begin. Should the meeting not be canceled in time, or should Customer fail to attend the meeting within ten minutes of the scheduled meeting time, the amount of time planned for the meeting will be deducted from Customer’s billable time, and the meeting will be deemed missed.
  3. Travel time if required to physically visit a Customer location is charged at 0.5 hours per standard hour.
Service Time Additions
  1. Any time estimates (effort hours or calendar elapsed time) communicated either prior to or during a service offering are estimates only; they are not fixed price or fixed time. Since requirements often change or become more complicated than originally estimated, Company reserves the right to revise any effort or time estimates previously communicated.
  2. Any service hours required beyond the service level specified in the Pre-Defined Services Conditions section are out of scope and subject to additional fees.
    1. A detailed report of time usage is available upon request to Company.
    2. If additional time is needed to complete the service, Company management reviews the time usage and determines if additional fees are required.
      1. Additional time is charged at the current standard Company rates.
      2. Additional time may be charged against existing Company Consulting Service hours when approved by Company management.
      3. Training hours included in pre-defined services are not included in the service time and are a fixed price.
Service Inactivity Policy

The efficient processing of the service(s) is dependent on timely responses from Customer to requests for information or actions. Delays will have an impact on schedules and a service may be deemed inactive by Company and will need to be re-activated by Customer.

  1. A service is deemed inactive when the personnel responsible for Customer become unresponsive to updates or information requests from Company for a period of 15 days.
    • Periods where the project is in process but take extensive amounts of time are not deemed inactive, provided Customer and Company are aware of the status.
  2. Company will make attempts to contact Customer when a service appears to have become inactive for the 15-day period of inactivity.
  3. Customer and Company Account Manager are notified by email of a service being placed on inactive status.
  4. Should Customer move to re-activate the service, they will be placed back into the queue accordingly and may be assigned a new technical resource and new schedule.
Change Management

The following process provides for the efficient handling of changes to the Order of the associated services as requested by either party:

  1. Either party may request a change to the terms of the associated service, the related charges, or the estimated schedule.
  2. A change request requires a response from the receiving party within five (5) business days of the initial request unless an extended period is mutually agreed to in writing during the five (5) business day period.
  3. The scope of services will be amended within five (5) business days of the mutual approval of the parties’ Project Coordinators.
  4. A formal, comprehensive, written addendum is issued, reflecting the associated changes.
  5. Any amendment to the Order may be subject to additional fees.

Delivery

  1. All aspects of the service managed by Company are performed remotely unless otherwise specified in writing and agreed to before order acceptance.All aspects of the service managed by Company are performed during standard business hours unless otherwise agreed upon in writing by all parties or unless required by the SOW for the associated service.
  2. Standard business hours are 8:00 am to 5:00 pm Eastern time Monday – Friday
  3. All requirements (badges, keys, access codes, credentials, passwords, et al.) are arranged by Customer as required for the associated service.
  4. Customer is responsible for providing unattended remote access to Company for the duration of the service as required unless otherwise specified and agreed to before order acceptance.
    1. Approved unattended access methods:
      • TeamViewer
      • LogMeIn
      • VPN
      • RDP
      • Remote Utilities
      • Customer-specific connection approved by Company before order acceptance
    2. Attended access may be acceptable with the following considerations:
      • Attended access requires the coordination of multiple personnel schedules impacting the overall timeframe of the associated service. A fee is assessed for attended access to address the additional time requirements to complete the related service. Associated costs vary based on the service type, as defined within this document.
  5. If applicable, for onsite services, Customer will ensure the following.
    1. Customer will provide Company personnel with a suitable working environment consisting of a workspace, desk, telephone, computer, network support, access to office supplies, and equipment required to perform the associated service.
    2. Customer will ensure the safety and welfare of Company personnel while working on-premises.
  6. Customer will be responsible for ensuring all key personnel assigned to the associated service have appropriate permissions, credentials, passwords, et-al to perform the requirements of the service.
  7. Customer will ensure that all key personnel possess the necessary skills to support the associated service and requirements.
  8. Company may require the use of internal toolsets to perform certain services. The default assumption is that Customer will permit said toolset to be used. If Customer revokes this permission, Company is not responsible to complete the service as originally scoped.
  9. The terms of use for Customer-owned computers required for the connection to a Customer’s network will be reviewed on a case-by-case basis before the acceptance of the service by Company.
  10. Company does not test or certify virtual environments, cloud-based solutions, or VPN connectivity but provides best-effort support. Users will be directed to work with their cloud-based provider to resolve issues on a case-by-case basis.
  11. The procurement and licensing of Microsoft SQL is solely Customer’s responsibility unless Customer utilizes Cloud Hosting Services through Company.
  12. Managed instances of SQL are not supported.
  13. Company does not recommend installing any software on a Domain Controller.
  14. Items outside Customer-submitted Service Specification Sheet will be addressed on a case-by-case basis and may incur additional costs.
  15. Company is not responsible for hardware or software limitations imposed by the software vendor. Customer is responsible to ensure they understand and adhere to the current recommendations of the software vendor.
  16. Company is not responsible for:
    1. limitations imposed by the SOLIDWORKS API(s), including but not limited to bugs, obsolescence, and unavailable methods to complete actions.
    2. limitations imposed by the Microsoft .NET Framework.
    3. limitations imposed by the Microsoft SQL system(s), including licensing, installation, and performance.
  17. Upon completion of the contracted service, any further questions or issues should be reported to Company Support by emailing Support@TriMech.com or calling 888.874.6324 or 804.257.9965. Support is only used in the capacity of a question, bug report/resolutions, and enhancements. Performing software upgrades, maintenance routines such as backups, restorations, et-al. and are a paid service, have an associated cost, and are not performed as standard software support.

Pre-Defined Services Terms and Conditions

Company provides services that are a pre-defined set of services or deliverables.  The unique Terms and Conditions for those services are defined in this section.

Please use the links below to navigate to the relevant section:

RDS Specific Terms and Conditions

RDS is a deliverable service to provide Customer with a solution for implementing SOLIDWORKS PDM.

The RDS includes but is not limited to installing SOLIDWORKS PDM Archive and Database services, two SOLIDWORKS PDM Customer interface installations, and all required peripherals and third-party software determined by Company as necessary.

  1. RDS service level times are defined below as not to exceed hours:
    1. RDS1 – Not to exceed 6 hours
    2. RDS2 – Not to exceed 10 hours
    3. RDS3 – Not to exceed 52 hours
    4. RDS Secure – Not to exceed 50 hours
    5. RDS Upgrade – Not to exceed 5 hours
  2. All non-Company Cloud Hosted Customers are solely responsible for all backups and SQL maintenance per the SOLIDWORKS PDM Administration Guide.
  3. Up to two PDM Customers will be installed by Company; it is Customer’s sole responsibility (Customer) to install any additional PDM Customers.
  4. User groups will be created during the implementation. It is the sole responsibility of Customer to populate with users and assign users to the correct groups.
  5. After Company deems the service complete, a service completion approval will be requested from Customer.
    1. While the RDS services may be purchased with other services (e.g., data migration), the RDS completion is not linked to any other service.
    2. The Service Completion must be approved within five business days of fully executing the RDS SOW.
    3. Once five business days have passed with no response from Customer to the service completion request, Company will mark the service as complete.
  6. All required installation files must be copied to the server(s) by Customer. These include Microsoft SQL, .Net 3.5, and SOLIDWORKS PDM.
  7. Training:
    1. Customers canceling the registration for a training class within ten business days of the course will be placed on a waitlist for the next available class.  Registration for that class will be confirmed at least seven business days before it starts.

EDS Specific Terms and Conditions

EDS is a deliverable service to provide Customer with a working solution for implementing SOLIDWORKS Electrical software.

The EDS includes but is not limited to the installation of SOLIDWORKS Electrical Windows services, one SOLIDWORKS Electrical Customer interface, and all required peripherals and third-party software determined by Company as necessary.

  1. EDS service level times are defined below as not to exceed hours:
    1. EDS1 – Not to exceed 6 hours
    2. EDS2 – Not to exceed 10 hours
    3. EDS3 – Not to exceed 52 hours
  2. Editing SQL report queries are not supported
  3. All non-Company Cloud Hosted Customers are solely responsible for all backups and SQL maintenance per the SOLIDWORKS Electrical Administration Guide.
  4. Company will install up to two Customers; it is Customer’s sole responsibility to install any additional Customers.
  5. After Company deems the service complete, a service completion approval will be requested from Customer.
    1. While the EDS services may be purchased with other services (e.g., RDS), the EDS completion is not linked to any other service.
    2. The Service Completion must be approved within five business days of fully executing the EDS SOW.
    3. Once five business days have passed with no response from Customer to the service completion request, Company will mark the service as complete.
  6. All required installation files must be copied to the server(s) and Customer machines by Customer. These include Microsoft SQL, .Net 3.5, and SOLIDWORKS.

MDS Specific Terms and Conditions

MDS is a deliverable service to provide Customer with a working solution for implementing SOLIDWORKS Manage.
The MDS includes but is not limited to the installation of SOLIDWORKS Manage services, one SOLIDWORKS Manage Customer interface, and all required peripherals and third-party software determined by Company as necessary.

  1. MDS service level times are defined below as not to exceed hours:
    1. MDS1 – Not to exceed 20 hours
    2. MDS2 – Not to exceed 40 hours
    3. MDS3 – Per SOW
    4. MDS Upgrade – Not to exceed 8 hours
    5. MDS SOW Service – Not to exceed 28 hours
    6. Custom Scoped Service times are outlined in Customer’s SOW.
  2. All non-Company Cloud Hosted Customers are solely responsible for all backups and SQL maintenance per the SOLIDWORKS Manage Administration Guide.
  3. MDS Upgrade limits. Anything outside the limits below will require a custom SOW.
    1. Single server
    2. No replication
    3. No Plenary Web Customer
  4. Up to two Manage Customers will be installed by Company; it is Customer’s sole responsibility (Customer) to install any additional manage Customers.
  5. User groups will be created during the implementation. It is the sole responsibility of Customer to populate with users and assign users to the correct groups.
  6. Customer must provide a full backup of their PDM production vault database to connect it to an MDS implementation.
  7. Unless otherwise noted, replication server configuration is not included with any MDS service but may be purchased additionally.
  8. The Web server configuration is not included with any MDS service unless otherwise noted but may be purchased.
  9. After Company deems the service complete, a service completion approval will be requested from Customer.
    1. While the MDS services may be purchased with other services (e.g., data migration), the MDS completion is not linked to any other service.
    2. The Service Completion must be approved within five business days of fully executing the MDS SOW.
    3. Once five business days have passed with no response from Customer to the service completion request, Company will mark the service as complete.
  10. All required installation files must be copied to the server(s) by Customer: Microsoft SQL, Microsoft IIS, SOLIDWORKS PDM, and SOLIDWORKS Manage, et-al.
  11. After Company deems the service complete, a service completion approval will be requested from Customer.

DMS Specific Terms and Conditions

DMS is a deliverable service to provide Customer with a working solution for migrating SOLIDWORKS, Microsoft Office, and any other supported document formats into SOLIDWORKS PDM.

The DMS includes clean-up, such as duplicate names, content, missing references, properties/metadata, and more, based on the DMS package level purchased by Customer.

  1. DMS service level times are defined below as not to exceed hours:
    1. DMS Entry – Not to exceed 40 hours
    2. DMS Intermediate – Not to exceed 72 hours
    3. DMS Professional – Not to exceed 108 hours
    4. DMS Executive – As defined per the DMS SOW
  2. The DMS target success ratio, when using Company DMS toolsets is 95% or higher based on the calculation procedure described below:
    1. The document target ratio is determined using the total number of documents defined for import and dividing it by the total number of document items considered errors to achieve the document success ratio.
    2. The version target ratio is determined using the total number of versions defined for import and dividing it by the total number of version items considered errors to achieve the version success ratio.
    3. Integrity issues caused by source data are considered warnings in the import and are not considered in the calculation of the success ratio.
      • Integrity issues may persist in the destination system unless Customer corrects them before go-live runtime.
  3. DMS work is performed as a cooperative effort between Company Solutions team and Customer.
    1. Customer is responsible for performing standard DMS functions such as, but not limited to, providing Disposition markups, clean-up report(s), updating SOLIDWORKS PDM system settings, performing runtime actions, validation of migrated data, and more.
  4. SOLIDWORKS Reference handling notes.
    1. SolidWorks references are migrated based on as-is information stored in the appropriate location based on the document source.
    2. SolidWorks Workgroup document references are pulled from the reference.pdmw documents that contain all reference and quantity information.
    3. Windows Explorer document references are pulled from the SolidWorks Document Manager header information for SolidWorks files.
    4. The references are pulled as-is and do not reference any pending changes made via the Document Manager or SolidWorks Explorer toolset(s).
    5. Some instances of reference data might be incorrect if the parent documents were not opened/updated/saved after the child has been modified.
    6. This information will result in BOM information representing as-is historical data, such as a configuration name being referenced that may no longer exist.
    7. The goal of the migration is to have the BOM, Contains, Where-Used, and Get-Latest tree data in SolidWorks PDM be as accurate as possible. In some instances, based on the way that SOLIDWORKS (not PDM) handles reference structures, references can be incorrect or broken (commonly via renaming) when attempting to open the document(s) in SolidWorks even when the reference is correct in SolidWorks PDM.
    8. Company provides the Company DMS Reference Add-In to assist with instances where the references are not adequately handled by SolidWorks. Additional handling options and details can be provided by reviewing any reference concerns with Company Solution Specialist.
    9. The references in the physical SolidWorks files are not updated to point to the destination vault, to prevent issues with an older version(s) of documents, incorrect reference headers, et-al:
      • Company DMS Reference Add-in will dynamically resolve these references and is provided for varying amounts of time depending on the level of DMS purchased.
      • There are options available to update these dynamically. For additional information, please discuss this with Company Solution specialist.
  5. SolidWorks Property handling notes
    1. SolidWorks property information is based on as-is information stored in the appropriate location based on the document source.
    2. SolidWorks Workgroup property information is pulled from the properties.pdmw documents that contain all property information.
    3. Additional extraction from the physical file is possible.
    4. Disposition mappings define the property in SolidWorks PDM only.
    5. The SolidWorks PDM data card property is set during migration.
    6. Properties are not updated in the physical files.
    7. Properties are not deleted or renamed in the physical files.
    8. Update, delete, rename options are available. For additional information, please discuss this with Company Solution engineer.
  6. AutoCAD Property handling notes
    1. AutoCAD property information is based on as-is information stored in the appropriate location based on the document source.
    2. AutoCAD Workgroup property information is pulled from the properties.pdmw documents that contain all property information.
    3. No additional property extraction is possible on AutoCAD documents stored in Workgroup.
    4. Disposition mappings define the property in SolidWorks PDM only.
    5. The SolidWorks PDM data card property is set during migration.
  7. Validation Procedure
    1. Validation is broken into two separate phases, as defined below.
      • Validation #1 (1st pass validation)
        • 1st pass validation is broken into four (4) sub-steps that focus on key areas of data integrity.
          • Metadata Validation
            • Validation of the properties, history, user mappings, disposition definitions, et-al.
            • No physical data is validated during this phase.
          • Physical Validation
            • Validation of physical documents within the PDM system
            • Documents are validated for references, properties, integrity issues, et-al.
          • System Validation
            • Validation of the migrated data in the destination PDM configuration.
            • Documents are validated for check-in/out, transition, revision increment, et-al.
          • User Acceptance
            • Validation of the migrated data and system by Customers’ team.
            • Additional users are brought in to validate the system and data.
        • Additional information on 1st pass validation is available in the DMS Standard Operating Procedure documentation.
      • Validation #2 (2nd pass validation)
        • 2nd pass validation is a full runtime of the migration intended to mimic live migration.
        • Customer will validate the four (4) sub-steps reviewed during 1st pass validation within two weeks of initialization.
        • Additional information on 2nd pass validation is available in the DMS Standard Operating Procedure documentation; click here to download.
    2. During validation phases, any configuration changes will be lost during the snapshot restore procedure. It is recommended that any changes be noted, either in a sandbox or a Microsoft Word document for configuration between validation phases. Updated snapshots will be taken, as needed by Company Solutions team.
    3. During all validation phases, Customer will not perform production work within the PDM vault. Any work performed in the vault during validation phases will be lost during the system reset.
      • Company is not responsible for assisting Customer in securing any production work that was performed in the vault.
    4. During validation phases where unattended access is provided to Company Solutions team, Customer will provide access to a machine with SolidWorks and a license for usage, as needed, to perform required validation testing.
  8. Toolset Definition
    1. Company Data Doctor
      • Company Data Doctor software is the core of the DMS migration process. The software scans and analyzes Windows Explorer structures and SolidWorks Workgroup vaults. The software captures a variety of information from the documents, based on structure type, which is used to define the information needed to clean/modify and migrate the data into the new PDM system. The software generates several outputs into secure structures that are used by Company Solution Specialist to migrate the data and perform any desired clean-up. The software will help identify any issues/errors with the source data that may require clean-up. The software will be run several times throughout the DMS process, and new versions are released as Company improves the toolsets.
    2. Company DMS Disposition
      • Company DMS Disposition is utilized to define Customer source data to destination data mappings for directory/projects, extensions, users, properties, revisions, workflows, et-al. Disposition allows Customer to have full control of how data is migrated within the acceptable parameters of the DMS Disposition Guide documents.
    3. Company DMS Utility
      • Company DMS Utility Software is developed and maintained by Company for migrating documents from external locations into SolidWorks PDM Standard and Professional. The toolset takes advantage of direction injection/copy methods, Company Data Doctor scan results, and the Disposition markup document to define the migration process and the definition of data upon migration into the PDM system. Company DMS Utility is designed to provide a combination of speed, accuracy, and flexibility.
    4. Company DMS Reference Add-In
      • Company DMS Reference Add-In is a SolidWorks add-in that is provided with each DMS purchase to aid in dynamic reference repair in the SolidWorks PDM system when files are unable to locate their defined Reference. The toolset is configured by Company Solution Specialist, and a license is granted upon completion of a live migration for a length of time that correlates to that specified in the DMS package level. Due to the way SOLIDWORKS PDM and SolidWorks document references work, it is possible that correct SolidWorks PDM references (contains information) do not populate into the SolidWorks document, resulting in a missing reference. Company DMS Reference Add-In will overtake the missing reference routine and allow for dynamic lookup in the PDM vault system. If a reference is found, the user has several options on how to proceed, which are configured in the options.
  9. DMS Validation
    1. Company and Customer will work together to validate any software toolset(s) within Customer environment. Validation includes, but is not limited to, validating required permissions to run, configuring settings, performing runtime routines, validating mapping requirements, et al.
    2. Company will ensure that Customer DMS administrator is trained correctly in the process. Validation and training time are tracked against the hour allowance of the migration system package. Additional details will be provided below as needed/per project definition.
    3. Initial testing and validation of Customer source data into a backup of the SOLIDWORKS PDM vault will be conducted to ensure the accuracy of migration results. It is recommended that the migration take place into the production vault, if possible. If migration into the production vault is not possible, due to limiting factors, then a copy of the production vault, without physical data, is utilized. Company will ensure that all appropriate backups are in place before performing the migration test. If the vault is being configured as part of an implementation project, a fully implemented (finalized) vault must be implemented before the completion of Phase #9.
    4. Customer will be responsible for performing an adequate validation of migrated data. The level/scope of validation is not dictated by Company and is at the discretion of Customer. Company provides a template for validation notes in the DMS Disposition document to be utilized by Customer during this process.
    5. Full testing is used to validate system resource load, migration time requirements, system stability, and the validity of migrated data. Upon completion of migration, the toolset(s) logs and data capture functions will be analyzed by Company to determine a percentage of success ratio. Company aims for a success ratio of 95% or higher. Additional details will be provided as needed/per project definition.
    6. Customer will designate the following resources for the completion of the DMS service. The resource may be the same contact within Customer. DMS Administrator
      • Customer is responsible for providing the details on appropriate company contacts for aspects of the migration, such as but not limited to, I.T. contact, key business decision contacts, validation contacts, et-al.
    7. I.T. Contact
      • Customer is responsible for providing remote access to the server(s), data, network, databases, et-al, and required to complete the DMS Service.
    8. Key Decision Maker
      • Customer is responsible for mediating/resolving any disputes internally regarding the mapping and definitions for data to be migrated into the system.
    9. Validation Team Lead

Customer is responsible for training internal resources on the DMS validation process and collecting validation notes from all validation team members for submission to Company using the provided validation Standard Operating Procedure (SOP) documentation.

DDS Specific Terms and Conditions

DDS is a deliverable service to provide Customer with a working solution for implementing DriveWorks Pro or DriveWorks Solo.

The DDS includes but is not limited to installation and setup of DriveWorks server and desktop Customer applications/modules and configuration of Development and Production environments, if applicable.

  1. DDS service level times are defined below as not to exceed hours:
    1. DDS1 – Not to exceed 10 hours
    2. DDS2 – Not to exceed 40 hours
    3. DDS3 – Per SOW
    4. DDS Upgrade – Not to exceed (TBD) hours (note: service not developed yet)
    5. DDS SOW Service – Not to exceed 28 hours
    6. Custom Scoped Service times are outlined in Customer’s SOW.
  2. All required DriveWorks Customer and server application installation files must be copied to Customer workstations and server(s) by Customer in advance of installation services.
  3. After Company deems the service complete, a service completion approval will be requested of Customer.
    1. While the DDS services may be purchased with other services (e.g., RDS), the DDS completion is not linked to any other service.
    2. The Service Completion must be approved within five business days of fully executing the DDS SOW.
    3. Once five business days have passed with no response from Customer to the service completion request, Company will mark the service as complete.
  4. If a DDS service is deemed inactive and Customer wishes to re-engage on the project, see Section 9 “Service Inactivity Policy” in this document.
  5. If an active Time & Materials or Pre-Paid Consulting Hours services engagement is put on hold or not actively engaged with our Services team for more than 15 business days, services project is considered inactive. Should Customer wish to re-engage with Services team after a period of inactivity, we will process and respond to initial requests to re-engage within up to 1-3 days. At that time, a consultant will be in contact with Customer within up to 1-2 weeks to schedule the next consulting session(s).

HDS Specific Terms and Conditions

HDS provides Customer with a hosted server in the cloud.
The HDS includes a Microsoft Windows Server operating system hosted on either Microsoft Azure or Amazon Web Services.

  1. Tenant refers to a Customer organization’s subscription with a cloud service provider.
  2. Server Setup
    1. Company agrees to provide a hosted cloud server, and a Virtual Private Network (VPN) connection to the hosted cloud server, as outlined in the hosted cloud server service contract.
    2. The hosted cloud server will be patched with the latest, stable operating system with maintenance patches as determined by Company at the time of server creation.
  3. Company will set up a Virtual Private Network (VPN) per the below-mentioned service type. Additional VPN connections are available for an additional fee.
    1. HDS1 – Customer only, limit 3
    2. HDS2 – Site to site or Customer, combined limit of 5
    3. HDS3 – Per SOW
  4. Service levels and times are defined below as not to exceed hours:
    1. HDS1 – Not to exceed 4 hours
    2. HDS2 – Not to exceed 6 hours
    3. HDS3 – Per SOW
  5. Authorized Partner Request
    1. Company requires the right to create a Global Administrator account on Customer’s cloud service tenant.
      • Company uses the Global Administrator account to create a new subscription for Customer and deploy the resources necessary to provide Customer with the hosted cloud service as outlined in the cloud service contract.
  6. Backups
    1. Company strongly recommends that Customer take standalone backups.
    2. A full backup of the server will be performed nightly by Company and retained for 30 days. A longer data retention policy may be requested and will incur additional fees, depending on the amount of storage required to store the backups.
      • A full server backup refers to the operating system and attached data disks. This includes all data and software installed on the server at the time of backup.
      • A restore of a cloud-hosted server can be requested by contacting technical support (cloud@trimech.com). A cloud-hosted server restore will restore the entire server, including the operating system and attached data disks.
      • A restore of a cloud-based server will incur an additional fee and is subject to availability.
  7. Support
    1. Technical support for a cloud-hosted server, firewall, attached storage device, and VPN connection to the hosted cloud server is provided during standard Company business hours.
    2. Customer will provide access to the cloud-hosted server to Company technical support personnel via remote access and a screen sharing session with Company technical support. This is specifically for software assistance on SOLIDWORKS software that Customer is entitled to support under a current software subscription.
    3. Company may provide access to the cloud server upon request of Customer. Additional fees may be incurred.
  8. Unauthorized Access
    1. Company is not responsible for unauthorized access to Customer’s data or the unauthorized use of cloud hosting services.
    2. Customer is responsible for the use of the hosted cloud service by any employee of Customer, any person Customer authorizes to use the hosted cloud service, any person to whom Customer has given access to the hosted cloud service, and any person who gains access to Customer’s data or hosted cloud service as a result of Customer’s failure to use reasonable security precautions, even if Customer did not authorize such use.
    3. Customer is responsible for maintaining the security of credentials necessary to access the hosted cloud server(s).
    4. Customer will notify Company immediately in writing if they become aware of any loss, theft, or unauthorized access to the hosted cloud service.
    5. Company is not liable to Customer or any third party for or in respect to any indirect or consequential loss or damage to data, profit, revenue, contracts, or business caused by negligence or breach of the unauthorized access policy outlined in this section of the Terms and Conditions.
  9. Monitoring and Maintenance
    1. Company may perform scheduled maintenance on the hosted cloud service related to the operating system as needed.
    2. Company reserves the right to track and record usage patterns, trends, and other statistical data related to Customer’s usage of the hosted cloud service for internal use.
  10. Acceptable Use
    1. Customer agrees not to use the hosted cloud service to transmit junk mail, spam, phishing, or unsolicited mass distribution of email. Company reserves the right to terminate Customer access to the hosted cloud service if there are reasonable grounds to believe Customer has used the hosted cloud service for any illegal or unauthorized activity.
  11. Customer will ensure that any custom software, script, batch routine, SQL query, or executed piece of code is approved by the appropriate I.T. personnel.
  12. Customer is responsible for testing any custom software, script, batch routine, SQL query, or executed piece of code before performing upgrades to any SOLIDWORKS products.

Customized Consulting Services Terms and Conditions

Consulting Services defines offerings outside the pre-defined services described in the previous section, including but not limited to custom software development, scripts, toolsets, Company toolsets, et al.  This includes scoped and non-scoped services.

  1. Customer will ensure that any custom software, script, batch routine, SQL query, or executed piece of code is approved by appropriate I.T. personnel before acceptance of associated SOW.
  2. Customer is responsible for testing any custom software, script, batch routine, SQL query, or executed piece of code before performing upgrades to any SOLIDWORKS products.
    1. Customer can purchase validation and upgrade review assistance from Company.
    2. Customer is responsible for any costs associated with required updates to the custom software, script, batch routine, SQL query, or executed piece of code, which are needed to ensure functionality in the newer product version.

Company will support bug fixes and resolutions, where applicable, within the associated API(s), provided Customer maintains an active subscription with Company.