Enterprise Support Terms and Service Level Agreement
Enterprise Support Terms
Traceable provides support for the Traceable Service in the form of Error Corrections and Traceable Service Updates (“Support”).
1. Description of the Traceable Service
Support consists of the following:
1.1. Error Corrections
Traceable shall use commercially reasonable efforts to correct and/or provide a work-around for any Error reported by Customer in accordance with the priority level reasonably assigned to such Error by Traceable, and the associated response obligations set forth in Section 2 below (“Error Corrections”).
1.2. Traceable Service Updates
Traceable shall provide to Customer, Traceable’s officially released (i) bug fixes, (ii) maintenance releases, and (iii) updates to the Traceable Service (“Traceable Service Updates”). For the purposes of clarity, Traceable Service Updates are limited to incremental improvements to the Traceable Service licensed under the Agreement. Traceable Service Updates do not include other products developed by Traceable, a beta Traceable Service, or a Traceable Service under development (“Additional Products”). Additional Products may be licensed separately from Traceable for an additional fee.
Traceable shall provide assistance to Customer Monday through Friday, 9:00 am to 6:00 pm Pacific Standard Time, excluding Traceable holidays. Support tickets can be initiated by email. Requests may be initiated by Customer’s specific support contacts. Traceable personnel are available to respond to issues related to the Traceable Service subscribed to under the Agreement. Assistance in the development of custom applications for and/or from Traceable’s products is not included in Support.
2. Priority Levels of Errors and Responses
Traceable will use good-faith efforts to provide an acknowledgement of a reported Issue to Customer and respond within the target time frames specified below (“Targeted Response Times”). The response will include the priority assigned to the case, any actions taken, resolution if available, and any escalation plans.
|Levels||Definition||Targeted Response Times||Targeted Time to Resolution|
|Level 1 Errors||Reproducible errors in the Traceable Service that cause severe impact to Customer’s use of the Traceable Service. (e.g., work stoppages or system crashes.)||Traceable will use commercially reasonable efforts to respond to requests for support from Customer within four (4) business hours.||Within one (1) business day.|
|Level 2 Errors||Reproducible errors in the Traceable Service that cause inconsistencies or impairments in Customer’s use of the Traceable Service and no reasonable workaround is available.||Traceable will use commercially reasonable efforts to respond to requests for support from Customer within eight (8) business hours.||Within eight (8) business days.|
|Level 3 Errors||Reproducible errors in the Traceable Service that cause minimal impact to Customer’s use of the Traceable Service and/or a reasonable
workaround is available.
|Traceable will use commercially reasonable efforts to respond to requests for support from Customer within two (2) business days.||Provide a resolution, which may consist of a fix, workaround or other solution in Traceable’s reasonable determination in a future update of the Traceable Service.|
3. Customer Cooperation
Traceable’s obligation to provide Support is conditioned upon the following: (i) Customer’s reasonable effort to resolve the problem after communication with Traceable; (ii) Customer’s provision to Traceable of sufficient information and resources to correct the problem, (iii) Customer’ s procurement and installation and maintenance of all hardware and browser software necessary to access the Traceable Service, and (iv) Customer installing any corrections to the Agents provided by Traceable. As related to Level 1 Errors, Customer shall provide continuous access to appropriate Customer personnel and the Traceable Service during Traceable’s response related to the Level 1 Error or Traceable shall be permitted to change the status of the Error.
4. Reproducing Problems
Support assistance is limited to the Agent unaltered and in accordance with the Documentation. Where applicable for a reported Error, Traceable will use commercially reasonable efforts to reproduce the problem so that the results can be analyzed.
5. Support Conditions
5.1. Support Issues Not Attributable to Traceable
Traceable is not obligated to provide Support for problems related to: (i) modifications and/or alterations to the Traceable Service (including the Agent) not performed by Traceable, (ii) use of the Traceable Service in manner not in accordance with the Agreement, (iii) problems caused by the Customer’s negligence, hardware malfunction, or third-party software; and (iv) situations in which the Customer has not paid any fees when due.
5.2. Exclusions from Support
The following items, as reasonably determined by Traceable, are excluded from Support:
a. In-depth training. If the support request is deemed to be training in nature, and will require an extended amount of time, the Customer will be referred to Traceable’s training or consulting departments.
b. Assistance in the customization of the application. Support does not provide assistance in developing, debugging, testing or any other application customization.
c. Information and assistance related to Customer and third party products. Issues related to the installation, administration, and use of enabling technologies such as databases, computer networks, and communications and use and/or integration with Customer’s own software or any Traceable Service not provided under the Agreement are not provided under Traceable Support.
d. Enhancements. Traceable shall only provide Support for issues that Traceable reasonably determines are not meeting the Traceable Service’s intended functionality. Enhancements, feature requests, and the like are not provided for under Support.
e. End of Life. Traceable does not provide support for Agent versions that have reached End of Life.
5.3. Additional Services
If Customer desires to have Traceable perform the services excluded under Sections 5.1 and 5.2, Traceable may provide them at its then-current services fees.
5.4. General Terms
This Support policy specifies Traceable’s current Support provided with the Traceable Service. Traceable reserves the right to modify this policy at Traceable’s sole discretion, upon reasonable prior notice.
Service Level Agreement
This Traceable Service Level Agreement (“SLA”) outlines the service levels to be provided in the delivery of the Traceable Service.
1. Service Commitment
Traceable makes the following SLA commitment:
The Traceable Service will be available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any calendar month.
If (i) Traceable fails to meet such Monthly Uptime Percentage in any two (2) consecutive month period, or (ii) the Monthly Uptime Percentage falls below 75% availability in any calendar month (excluding downtime due to planned downtime or other exclusion), customer shall have the right to terminate this Agreement upon fifteen (15) days’ written notice to Traceable, and upon termination as Customer’s sole and exclusive remedy, Traceable shall promptly provide to Customer a refund of any fees paid in advance, which will be pro-rated from the date of termination.
2. Measurement Method
The “Monthly Uptime Percentage” will be measured using the total hours in an applicable calendar month (total time minus planned maintenance or exclusions as listed below) as the denominator, divided by the numerator, which is defined as the denominator value minus the time of any outages in Core Services in the monthly period. Traceable uses monitoring services to monitor availability and measure the error rate. The SLA is based on the information from these tests that Traceable shall make publicly.
Traceable shall provide notice to Customer of planned maintenance with at least 48 hours notice.
The Monthly Uptime Percentage shall not apply to service degradations caused by or related to any of the following:
- Planned or emergency maintenance.
- Issues caused by Customer after Traceable advised Customer to modify Customer’s use of the Traceable Service, if Customer did not modify its use as advised.
- Any product or Agent that is no longer supported after End of Life.
- Issues during beta and trial use of the Traceable Service.
- Issues that resulted from the use of third-party hardware or software, in which the third-party hardware or software caused the service degradation.
- Services, circumstances or events beyond the reasonable control of Traceable, including, without limitation, any Force Majeure events, the performance and/or availability of local ISPs employed by Customer, or any network beyond the demarcation or control of Traceable.