The following Service Level Agreement will apply to the Company Products specified in an Order Form during the applicable Subscription Term:
1. Uptime
Company will use commercially reasonable efforts to make the Platform available to Customer at the Uptime Commitment.
"Uptime Commitment" means a Monthly Uptime Percentage of at least 99.8%.
“Business Hours” means 9am-5pm PST, 6 days a week.
"Monthly Uptime Percentage" means a percentage of the availability of the Platform during a Measured Period, calculated by dividing the number of minutes (at least 10 consecutive minutes each or longer) in which the Platform is Unavailable, by the total number of minutes in the Measured Period. Measurement of Monthly Uptime Percentage excludes Unavailability resulting directly or indirectly from any Unavailability Exclusions.
"Measured Period" means the total number of minutes in a calendar month.
"Unavailable/Unavailability" refers to a period of time during which Customer's cannot login or access the Platform, for a consecutive period of ten minutes or more.
"Unavailability Exclusions" means any cases of Unavailability resulting from any of the following: (a) Scheduled Unavailability; (b) factors outside of Company's reasonable control, including without limitation any Event of Force Majeure or limitation or slowdown of Internet access; (c) Customer's (or third party) equipment, software, or other technology; and/or (d) Company's suspension or termination of Customer's right to access the Platform.
“Force Majeure” shall mean causes beyond reasonable control, including but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, riot, act of God or governmental action.
"Scheduled Unavailability" means any Unavailability (a) of which Customer is notified at least forty-eight (48) hours in advance; and/or (b) during a standard maintenance window, as published by Company from time to time. In either of the foregoing two situations, Company will use commercially reasonable efforts to ensure that the Scheduled Unavailability falls between the hours of Friday 19:00 PM and Monday 07:00 AM US Eastern time.
2. Technical Support
During the Business Hours, Company's helpdesk personnel shall receive Customer email and phone support requests in connection with Errors (each, a "Support Request"). "Error" means any verifiable and reproducible failure of the Platform to materially perform the functions described in the Platform's documentation. Once Company has determined that the Support Request is covered by a valid support contract, Company will:
(A) respond to such Support Request based on the Severity Levels (as determined by Company) set out in the table below; and (B) Company will use commercially reasonable efforts to get to Problem Resolution or to provide a workaround for the Error.
"Problem Resolution" means the use of commercially reasonable efforts to resolve the reported Error. These efforts may include (but are not limited to): configuration changes, patches that fix an issue, and redeploying the Platform.
- Support Request Submissions; Web: via the support Intercom chat functionality, Our dedicated Slack channel or by email at portal@saymine.com
In order to be addressed by Company, Errors must be verifiable and reproducible. Furthermore, in order for Company to address a Support Request, Customer must provide Company with all information, documentation, assistance and access as Company might reasonably require, including, without limitation:
- setup information,
- application knowledge,
- listing of any output,
- detailed steps required to enable Company to replicate the Error,
- exact wording of Error messages, and
- any other data that Company may reasonably request in order to reproduce operating conditions similar to those present when the Error occurred.
Each Error for which a Support Request is received by Company, shall be classified by Company and assigned a level of severity (“Severity Level”), in accordance with the following criteria:
3. Exclusions
The technical support described above shall exclude Errors resulting from:
(a) any modifications of the Platform that have not been approved by Company in advance and in writing;
(b) Customer's failure to implement in a reasonably timely manner any update or upgrade made available by Company (or its representative);
(c) Customer's written instructions to Company, or installation or set up adjustments made solely by Customer;
(d) Customer’s use of the Platform in violation of the Terms or of any applicable Laws;
(e) any fault in any Customer (or third party) equipment, programs, or other goods or services used in conjunction with the Platform; and/or
(f) Customer’s negligence or willful misconduct.
4. Customer Responsibilities
Furthermore:
(a) Customer agrees to receive from Company communications via e-mail, telephone, and other reasonable formats;
(b) Customer's technical support contact shall cooperate with Company at all times during the provision of Support Services;
(c) Customer shall report to Company all material problems with the Platform and shall implement any reasonable corrective procedures provided by Company reasonably promptly after receipt.