This Support and Service Level Agreement (this “SSLA”)provides the support and service level terms and conditions for the CaptivateIQ Services and related Software and is an integral part of the CaptivateIQ Services and Software Terms and Conditions (the “Terms”).
1. Support. Support, at the level as selected by Customer and as shown in the applicable Order, is available from the CaptivateIQ Support Team during normal business hours Monday through Friday, from 9:00 am - 6:00 pm PT for Base and Premier Support, excluding holidays (“Business Hours”). Currently, the holidays CaptivateIQ observes are:
Requests may be submitted on a 24/7 basis via email to firstname.lastname@example.org and will be responded to by the CaptivateIQ Support Team as follows:
Defined as General questions about functional use of the CaptivateIQ Services.
Premier Support - if Purchased
Defined as the CaptivateIQ Services are not functioning and are causing mission-critical business operations to be non-operational
Premier Support - if Purchased
Commission Plan Configuration
Defined as Commission Plan implementation questions related to the CaptivateIQ Services
Premier Support - if Purchased
“PT” means Pacific Standard Time or Pacific Daylight Time, whichever is currently in effect for the Pacific Time Zone.
2. Customer Responsibility. Customer is responsible for ensuring that its hardware and software used to access the Services meet the minimum requirements specified by CaptivateIQ. Minimum requirements include use of a currently supported browser (Chrome is recommended), a high-speed internet connection, and integration with a compatible email service (Gmail, O365 or Exchange). Customizations, installation, or professional services are not included in this SSLA. CaptivateIQ Support must be able to reproduce an error in order to resolve it. Customers agree to cooperate and work closely with CaptivateIQ Support to reproduce errors, including conducting diagnostic or troubleshooting activities as reasonably requested and as appropriate.
3. Software Updates and Upgrades. Customer will be provided with and agrees to accept, and install if required for provision of the Services,all updates, upgrades, enhancements, and/or new releases to the CaptivateIQ Services and Software that are generally provided to CaptivateIQ customers.
4. Support Response Guidelines. When submitting a support request Customer must (i) provide CaptivateIQ with all information necessary for CaptivateIQ to address the request, and (ii) respond promptly with any information reasonably requested by CaptivateIQ to clarify the support request.On receipt of the support request, CaptivateIQ will respond to the request as detailed in Section 1 of this SSLA, and determine the appropriate priority level based on the classifications specified below, and input from Customer.The terms used in the table below are defined as follows: “Action Plan”means a workaround or action plan for addressing the problem; and “Issue”means CaptivateIQ Services are not functioning and are causing mission-critical business operations to be non-operational.
Issue Type: Severity 1
Critical Business Impact
Issue Type: Severity 2
Significant Business Impact
Issue Type: Severity 3
Moderate Business Impact
Issue Type: Severity 4
5. Availability Commitment. CaptivateIQ commits to the CaptivateIQ Services being Available (as defined below) 99.9% of each calendar month, not including planned outages for maintenance purposes for which advance notice is provided to the Customer via in-application notifications (the “Availability Commitment”).
“Available” means the CaptivateIQ Services are available (following Activation, defined below) 24 hours per day x 7 days a week, measured on a calendar month, less actual downtime (a) for up to four (4)hours of scheduled maintenance per calendar month, performed during the regular planned maintenance window as CaptivateIQ may reasonably designate from time to time, provided that such window(s) are not scheduled Monday through Friday from 5am to 5pm PT; (b) caused by acts or omissions of Customer, its Authorized Users, or anyone gaining access through its Authorized Users’ usernames and passwords; (c) caused by Customer’s use of hardware and network services, which components are controlled by Customer and whose performance or failure to perform can impair Customer’s connections to the Internet and the transmission of data; and (d) caused by Events Beyond CaptivateIQ’s Immediate Control(defined below).
“Activation” means the date Customer is provided access to the CaptivateIQ Services by CaptivateIQ.
“Events Beyond CaptivateIQ’s Immediate Control”include (i) the flow of data to or from CaptivateIQ’s network and other portions of the Internet which depends on the performance of Internet and telephone services not provided or controlled by CaptivateIQ; (ii) a service interruption caused by a security threat until the security threat has been eliminated; (iii) a Force Majeure Event (as defined in the Terms) and (iv)emergency maintenance, of which CaptivateIQ will notify Customer of as soon as is practicable but will first endeavor to remedy the emergency. Urgent maintenance that is necessitated due to CaptivateIQ’s breach of its warranty under Section 10 of the Terms shall not be considered emergency maintenance for purposes of this Section 5.
If the CaptivateIQ Services fail to meet the Availability Commitment, Customer will escalate through email@example.com. If CaptivateIQ fails to meet the Availability Commitment for three (3) consecutive calendar months, then within thirty (30)days following the conclusion of the third consecutive calendar month, Customer may terminate the applicable Order(s) by giving CaptivateIQ thirty (30) days prior written notice of termination, without liability for any cancellation fees, penalties or other damages associated with termination, and Customer shall be entitled to a refund of unearned, prepaid fees, if any, pro-rated from the effective date of such termination through the end of the applicable prepaid period. Notwithstanding any other term or provision in the Terms, the remedies stated in this Section 5 are Customer’s sole and exclusive remedies for CaptivateIQ’s failure to meet the Availability Commitment specified herein.