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CaptivateIQ Support and Service Level Agreement

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:

  • New Year's Day
  • Martin Luther King, Jr. Day
  • George Washington's Birthday / Presidents' Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Veteran's Day
  • Thanksgiving and the Friday after
  • Christmas Day

Requests may be submitted on a 24/7 basis via email to support@captivateiq.com and will be responded to by the CaptivateIQ Support Team as follows:

General Guidance
Defined as general questions about functional use of the CaptivateIQ Services
Systems Impaired
‍
Defined as the CaptivateIQ Services are not functioning and are causing mission-critical business operations to be non-operational
Commission  Plan Configuration
‍
Defined as Commission Plan implementation questions  related to the CaptivateIQ Services
Basic Support
< 24 hours or the following Monday for requests submitted Friday
< 6 hours, if request is submitted  prior to 6PM PT, or the following day for requests submitted after 6PM PT
Support not provided as part of plan
Premier Support (if Purchased)
< 6 hours, if request is submitted prior to 3PM PT, or the following day for requests submitted after 3PM PT (or the following Monday for requests submitted after 3PM PT Friday)
< 2 hours, if request is submitted prior to 10PM PT, or the following day for requests submitted after 10PM PT
< 6 hours, if request is submitted prior to 3PM PT, or the following day for requests submitted after 3PM PT (or the following Monday for requests submitted after 3PM PT Friday)

General Guidance

Defined as General questions about functional use of the CaptivateIQ Services.

Basic Support

  • < 24 hours or the following Monday for requests submitted Friday

Premier Support - if Purchased

  • < 6 hours, if request is submitted prior to 3PM PT, or the following day for requests submitted after 3PM PT (or the following Monday for requests submitted after 3PM PT Friday)
  • ‍

Systems Impaired

Defined as the CaptivateIQ Services are not functioning and are causing mission-critical business operations to be non-operational

Basic Support

  • < 6 hours, if request is submitted  prior to 6PM PT, or the following day for requests submitted after 6PM PT

Premier Support - if Purchased

  • < 2 hours, if request is submitted prior to 10PM PT, or the following day for requests submitted after 10PM PT
  • ‍

Commission Plan Configuration

‍Defined as Commission Plan implementation questions  related to the CaptivateIQ Services

Basic Support

  • Support not provided as part of plan

Premier Support - if Purchased

  • < 6 hours, if request is submitted prior to 3PM PT, or the following day for requests submitted after 3PM PT (or the following Monday for requests submitted after 3PM PT Friday)
  • ‍

“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
Severity 2 –
Significant Business Impact
Severity 3 –
Moderate Business Impact
Severity 4 –
Minimal Impact
Action Plan
Work will start immediately following CaptivateIQ’s first response if the support request is made via email during Business Hours,otherwise at the beginning of the next day’s Business Hours and will continue during Business Hours until a resolution is in place.
Work will start within the next business day  following CaptivateIQ’s first response if the support request is made via  email and will continue during Business Hours until a resolution is in place  and communicated to Customer.
The Issue will be researched and resolution will be communicated to Customer.
The Issue will be researched and Severity 4 Issues that are agreed to be fixed will be resolved during a subsequent product release or update. It may be determined, with consultation and input from Customer, that minor Severity 4 items that require a code fix will not be corrected.
Criteria
Issue has one or both of the following characteristics:
  • The CaptivateIQ Services are not functioning and are causing mission-critical business operations to be non-operational and no workaround is available.
  • Customer Data is corrupted due to an Issue in the CaptivateIQ Services Note: CaptivateIQ’s obligations to meet the steps for a Severity 1 Issue are dependent and contingent upon a Customer contact being available to provide information required for problem diagnosis and to test/confirm any resolution.
Issue has one or both of the following characteristics:    
  • Severely degraded performance due to an Issue in the CaptivateIQ Services.
  • Critical functionality is unavailable, yet the CaptivateIQ Services can continue to operate in a restricted fashion and there is no workaround available to the Customer.
Issue has one or more of the following  characteristics:
  • Some CaptivateIQ Services are not functioning but most including all critical business operations continue.
  • Impacts a limited number of Authorized Users
Reported shortcoming in CaptivateIQ Services or Software that has no significant impact to usage and/or availability. Issues include, but are not necessarily limited to, the following examples:
  • Minor spelling errors
  • Minor usability issues
  • Usage and design issues

Issue Type: Severity 1

Critical Business Impact

Action Plan

  • Work will start immediately following CaptivateIQ’s first response if the support request is made via email during Business Hours,otherwise at the beginning of the next day’s Business Hours and will continue during Business Hours until a resolution is in place.

Criteria

  • Issue has one or both of the following characteristics:
  1. The CaptivateIQ Services are not functioning and are causing mission-critical business operations to be non-operational and no-workaround is available.
  2. Customer Data is corrupted due to an issue in the CaptivateIQ Services Note: CaptivateIQ's obligations to meet the steps for a Severity 1 Issue are dependent and contingent upon a Customer contact being available to provide information required for problem diagnosis and to test/confirm any resolution.

‍

Issue Type: Severity 2

Significant Business Impact

Action Plan

  • Work will start within the next business day  following CaptivateIQ’s first response if the support request is made via  email and will continue during Business Hours until a resolution is in place  and communicated to Customer.

Criteria

  • Issue has one or both of the following characteristics:  
  1. Severly degraded performance due to an issue in the CaptivateIQ Services.
  2. Critical functionality is unavailable, yet the CaptivateIQ Services can continue to operate in a restricted fashion and there is no workaround available to the Customer.

‍

Issue Type: Severity 3

Moderate Business Impact

Action Plan

  • The Issue will be researched and resolution will be communicated to Customer.

Criteria

  • Issue has one or more of the following  characteristics:
  1. Some CaptivateIQ Services are not functioning but most including all critical business operations continue.
  2. Impacts a limited number of Authorized Users

‍

Issue Type: Severity 4

Minimal Impact

Action Plan

  • The Issue will be researched and Severity 4 Issues that are agreed to be fixed will be resolved during a subsequent product release or update. It may be determined, with consultation and input from Customer, that minor Severity 4 items that require a code fix will not be corrected.

Criteria

  • Reported shortcoming in CaptivateIQ Services or Software that has no significant impact to usage and/or availability. Issues include, but are not necessarily limited to, the following examples:
  1. Minor spelling errors
  2. Minor usability issues
  3. Usage and design issues

‍

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 support@captivateiq.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.

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