Standard Terms & Conditions

Standard Terms
& Conditions

Services Fine Print

Services
Fine Print

Software Policy & Requirements

Software Policy
& Requirements

Services Fine Print

00. General.

Service plans are annual and per location. Services included in the service plans do not carry over to the next year. All Service Plans are subject to RailComm’s Standard Terms and Conditions, and Software Policy and Requirements. All rates are in USD.

A Purchase Order (PO) or Credit Card number is required at the moment of requesting any service that is not included in a service plan. Customers will be invoiced upon receipt of PO. Payments are net 30 days from date of invoice.

Customers without an active Service Plan that want to re-enroll are subject to re-enrollment fee of $10,000 per each year without a Service Plan. The penalty fee will be prorated when a service plan has not lapsed for a full year. Customers with no active Service Plan are subject to RailComm’s standard rates for No Plan customers (See 09. Standard Rates).

RailComm’s business hours are from Monday to Friday from 8:00AM to 5:00PM (EST), except holidays. RailComm’s office is closed in observance of the following holidays (not limited to): New Year’s Eve, New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve, and Christmas Day.

RailComm reserves the right to make changes to this document at any time.

01. Remote service and support.

This service is provided to assist and solve incidents related to RailComm solutions, including communications network, field equipment, and the DOC System, its PC hardware infrastructure and interfaces, as in service.

An incident is defined as a single support issue and the reasonable effort(s) needed to resolve it. A single support issue is a problem that cannot be broken down into subordinate problems. If it can be broken down into subordinate problems, each subordinate problem shall be considered a separate incident. An incident may require multiple contacts and off-line research to achieve final resolution. The time spent in delivering these solutions is independent to the amount you will be charged. A solution to an incident may require a DOC System update. A solution to an incident is not guaranteed if customer does not have the latest version of the DOC System.

This service does not include system updates, system modifications, reports, root-cause analysis, software development, training, or onsite support.

RailComm provides remote service and support via telephone and email, during normal business hours, after-hours and holidays. Only Severity 1 issues reported via telephone will be supported during after-hours and holidays. The service is provided in English directly by our engineers, and also in other languages via our translation services.

Remote support requires high speed internet connectivity or RailComm’s secure private network, RailComm Connect Remote Link, when access to the RailComm solution is needed.

02. Service Level Agreement.

RailComm has identified four production support severity levels. For Severity Level One and Severity Level Two issues, it is permissible to call RailComm during normal business hours and after-hours. For Severity Level Three and Severity Level Four issues, notification of the incident must be via email or via phone contact during normal business hours.

Severity Level One (1). A critical system function is not available or not functioning properly, and will prohibit the customer from conducting production operations. A Severity Level One issue may also be discovered by RailComm and declared before the customer has encountered the problem. RailComm will notify the customer of the problem. The first priority when a Severity Level One issue is notified will be to identify an acceptable work around; the issue will then automatically be reassigned to a Severity Level Two. Call back response time is 30 minutes after a Severity Level One incident is reported. Target resolution time is 4 hours.

Severity Level Two (2). A critical system function is not available or not functioning properly, and significantly affects the customer’s production operations. Call back response time is within 8 hours after a Severity Level Two issue is declared. Target Resolution Time is 16 hours.

Severity Level Three (3). A system function is not available or not functioning properly and has an adequate manual work-around available and includes non-critical or nuisance type of problems. Call back response time is within 16 business hours after a Severity Level Three issue is declared. Target Resolution Time is 20 business days.

Severity Level Four (4). Support requests. This level is used to request assistance with an issue. It is also used for questions about lost passwords or the use of the application, related subsystems or system interfaces. Call back response time is within 24 business hours after a Severity Level Four issue is declared. No Target Resolution Time is set.

RailComm is only able to fulfill its Service Level obligation if customer: 1) Provides a central contact point and list of individuals who are authorized to interface with RailComm. In the absence of such list, anyone contacting RailComm on the customer’s behalf will be determined to be authorized to request support; 2) Provides contact(s) who will participate in on-site trouble-shooting, and be accessible via phone, or e-mail, during fault clearance and restoration process; 3) Provides access to all Computer Peripheral Equipment (CPE) including workstations, routers, switches, signal equipment, and any other communication equipment required to support RailComm application or service available for RailComm technical team; 4) Provides a suitable environment for the installation and operation of RailComm-provided CPE; 5) Reports problem with a Service, and allows RailComm access for testing and resolution.

If a customer reports a problem but declines to allow RailComm access for testing and resolution, the Service will not be considered impaired.

03. DOC system updates.

System updates refer to releases, updates, upgrades, and/or enhancements to the software which RailComm makes generally available to its customers. This service does not include firmware versions of field equipment. DOC system updates do not include DOC system modifications and on-site support. DOC System updates are not considered incidents. If an incident requires a DOC system update as part of its solution, both an incident and software update will be applied against the service plan or invoiced.

This service requires high speed internet connectivity or RailComm’s secure private network, RailComm Connect Remote Link.

RailComm will not update a DOC System running on obsolete PC Hardware (typically end of life is 5 years), and/or PC Hardware without an active warranty or maintenance policy with manufacturer or similar.

System updates are subject to RailComm’s availability, are performed remotely, and are scheduled during normal business hours.

04. On-site support.

RailComm offers 2-day visits to perform training or to assist and solve incidents at the customer’s location. Customers may request additional days after their 2-day visit at a rate of $2,000 per day. Customer is responsible for requesting this service at least one month in advance.

On-site visits do not include any materials required during the visit. Rates are applicable to locations within the USA (except Alaska and Hawaii). Rates are based on one engineer traveling to the customer’s location. Unplanned additional days are subject to availability.

05. DOC system modifications.

DOC system modifications may include (but are not limited to) drawing changes, adding sidings or stations, replacing mile posts and yard limits, renaming the territories and changing configuration parameters. DOC system modifications are categorized as small, medium, large or extra-large based on the effort required to develop, configure, test, and deploy. A list of typical DOC system modifications per size is available upon request. Additional license fees may apply when adding new devices or territories. Customer is responsible for requesting this service at least two weeks in advance.

This service requires high speed internet connectivity or RailComm’s secure private network, RailComm Connect Remote Link.

This service does not include on-site support, training, or documentation. DOC system modifications are developed, configured, tested, and deployed remotely during normal business hours. DOC system modifications are subject to review and approval. RailComm will make sure that all modifications of the DOC system are based on best practices and safety standards. RailComm will provide recommendations to the customers as needed. RailComm reserves the right to decline the performance of system modifications.

06. Proactive monitoring.

RailComm performs routine remote monitoring of IT infrastructure and services of the DOC system, including memory and processor performance, hard drive capacity, system service availability, and network connectivity.

Proactive monitoring is performed using a third party tool. RailComm cannot guarantee availability of this service. Proactive monitoring is done in a 24/7 basis. Notification to customers regarding any event is performed during normal business hours.

Proactive monitoring does not guarantee the prevention of events or failures.

During proactive monitoring, all data traffic is outbound. RailComm does not require any inbound ports to be opened. The monitoring tool utilizes an outbound connection.

View-only license to the monitoring tool includes one user account and is per location. Monthly reports provide a snapshot of the status of the IT infrastructure and services that are being monitored, as well as a recommended list of actions to keep the network in good condition.

07. Connectivity.

High speed internet connectivity or RailComm’s secure private network, RailComm Connect Remote Link, is required when access to the DOC system is needed. The RailComm Connect service is restricted to cell service availability at the location (within the USA).

For high speed internet, the average network latency to our datacenter should not exceed 200ms, or the average network latency to the closest internet backbone should not exceed 60ms. All communications will be outbound from the computers at the customer location using HTTP, HTTPS and DNS to RailComm Datacenter’s public IP’s (available upon request).

VPN connections and dial up connections are not supported.

08. Emergency response.

The Emergency Response is available to all our customers with an active Service Plan for an additional charge. This service is available to assist and resolve incidents with a RailComm solution. Customers may request that RailComm sends an engineer on-site overnight to support an emergency. When a customer has an emergency and requests immediate on-site support, RailComm will do its best to send an engineer within the next 24 to 36 hours. The service is subject to transportation and lodging availability.

The Emergency Response onsite visit is $15,000 and it is limited to one engineer on site for up to 5 days. Additional time at the customer’s location is subject to availability and will be invoiced to the customer at RailComm’s standard rate for additional on-site time. This service doesn’t include materials required during visit.

09. Standard Rates.

These are the RailComm standard rates for customers that are NOT enrolled in a service plan. Remote Service and Support: $3,500 per incident. DOC System Update: $40,000. On-site support: $8,000 for a 2-day visit, and $2,000 per each additional day. DOC System Modifications: $2,000 for small, $6,000 for medium, and $10,000 for large; larger modifications will be quoted. Contact RailComm for RailComm Connect costs. Proactive monitoring is not available for customers without an active Service Plan. The RailComm Service Level Agreement is only available to customers with an active Service Plan.

Last Update July 01, 2015