This Service and Support Levels Agreement (“SLA”) supplements the Agreement and describes the support levels available to Customer under the Agreement. The free support plan is provided to Customer at no additional charge, and a higher levels of support will be provided to Customer if purchased in an applicable Order. Capitalized terms not specifically defined in this SLA shall have the meanings defined in the Agreement.
1. Definitions
1.1. “Business Days” means Monday through Friday.
1.2. “Business Hours” means 9:00 AM until 5:00 PM, during Business Days in Customer’s primary geographic region.
1.3. “Monthly Downtime” means the total number of minutes in a specific month during which Customer is unable to log in to the Platform using proper credentials, excluding Scheduled Downtime.
1.4. “Scheduled Available Time” means the total number of minutes in a specific month, less all Scheduled Downtime during that month.
1.5. “Scheduled Downtime” means the total number of minutes in a specific month during which Customer is unable to log in to the Platform using proper credentials due to scheduled upgrades and maintenance.
2. Service Levels
2.1. Scheduled Downtime Notice: Wartiva will notify Customer of Scheduled Downtime at least 48 hours in advance, and it will be scheduled for Sunday whenever possible.
2.2. Monthly Uptime Percentage
The Monthly Uptime Percentage guaranteed to Customer is 99%, and it is calculated using the following formula:
2.3. Service Credits
If Wartiva fails to meet the monthly uptime percentage in any month during an Order’s subscription term and Customer submits a Service Credit request within 30 days following the end of that month, Customer will be entitled to a credit equal to the percentage identified in the table below of the Fees paid by Customer to Wartiva pursuant to the applicable Order and attributable to that month, (a “Service Credit”). Wartiva will apply Service Credits to Customer’s renewal invoice at the end of Customer’s then-current subscription term. Service Credits will not entitle the Customer to any refund or other payment from Wartiva.
| Monthly Uptime Percentage | Service Credit |
|---|---|
| < 99% | 5% |
| < 98% | 10% |
| < 97% | 25% |
To the maximum extent permitted by law, Service Credits are Customer’s sole and exclusive remedy for any Services performance or availability issues. Service credits in any billing month will not, under any circumstances, exceed 25% of the Fees attributable to that billing month.
2.4. Service Levels Exclusions
Wartiva will have no liability for any failure to meet service levels to the extent such failure is related to: (a) Customer’s use of the Services other than in accordance with the terms of the Agreement and/or the Documentation, (b) the unavailability, suspension, or termination of any cloud provider account, or any other cloud service provider performance issues, (c) issues with Customer’s network connections or other infrastructure, or (d) circumstances beyond Wartiva’s reasonable control.
3. Support Levels
3.1. Issue Support
Wartiva will make commercially reasonable efforts to address any Issues or Requests submitted by Customer’s Permitted Users. Such efforts may include helping with diagnosis, suggesting workarounds, or making a change to the Services. An “Issue” is a material and verifiable failure of the Services to conform to the Documentation. A “Request” is a general usability request or enhancement or a question concerning use of the Services that are not Issues.
3.2. Contacting Wartiva Support
Wartiva will provide English-speaking remote assistance to Customer’s Permitted Users for questions or issues related to any error in the Services, including troubleshooting, diagnosis, and recommendations for potential workarounds. Customer’s Permitted Users may report errors or abnormal behavior of the Services by submitting a support request in the Wartiva help center, as described in the Documentation. Customer’s Permitted Users should be reasonably proficient in the use and functionality of the Services and familiar with the Documentation and should use reasonable diligence to ensure a perceived error is not an issue with Customer’s equipment, software, or internet connectivity.
3.3. Response Times
Wartiva will use commercially reasonable efforts to respond to support Issues in accordance with the initial response times provided in Table 1 below and either validate Customer’s priority level designation or notify Customer of a change in the priority level designation with justification for any change. Wartiva does not guarantee resolution of issues, and a resolution may consist of a fix, workaround or other solution Wartiva deems reasonable. Issues raised outside of the support portal are not subject to the service levels described in this support policy.
3.4. Submission of Support Cases
Each support case will: (1) designate the priority level of the error in accordance with the definitions in the table below; (2) identify the account that experienced the error; (3) provide the start time of the error; (4) provide a description of the steps required to reproduce the error; (5) provide the relevant log files or data; (6) provide the wording of any error message; and (7) provide accurate contact information for the Customer’s Permitted User most familiar with the error. Customer's Permitted Users will carefully consider the data that Customer shares with Wartiva and will only share the data that is strictly necessary for the provision of the applicable support. Customer will ensure that it will only share personal data to the extent necessary for these purposes.
3.5. Customer Responsibilities
Customer’s Permitted Users will provide Wartiva any other relevant information in a timely manner. Customer understands that support case submissions related to an enhancement or feature request will be closed once the request has been forwarded internally to the relevant team at which point Customer will be provided with a reference number for the feature request.
3.6. Shared Responsibility for Priority Level 1 Issues
Wartiva will provide continuous efforts to resolve priority level 1 issues until a workaround or resolution can be provided or until the incident can be downgraded to a lower priority. Following submission of a priority level 1 case, Customer must be responsive to Wartiva’s support team’s communications and guidance. Failure to do so may result in Wartiva downgrading the case priority level.
Table 1 Initial Response Times
| Priority | Description | Free | Pro | Enterprise |
|---|---|---|---|---|
| P1 - Urgent | An error that makes Wartiva generally unusable, resulting in critical impact on how Wartiva operates, and there is no workaround available. | 4 Business Hours | 2 Hours | 30 Minutes |
| P2 - High | An error that severely restricts how Wartiva operates, and no workaround is available. | Next Business Day | 4 Hours | 2 Hours |
| P3 - Normal | An error that limits Wartiva performance or has a medium to low impact on the functionality of the Services, but a workaround is available. | Next Business Day | 8 Hours | 8 Hours |
| P4 - Low | An error that only slightly affects Wartiva performance or functionality, and a workaround is easily available. All requests for assistance, comments, and feature requests are low priority. | Next Business Day | Next Business Day | 24 Hours |
3.7. Support Levels Exclusions
Wartiva will have no obligation to provide Support to issues arising from: (a) misuse or unauthorized modifications to Wartiva’s Services; (b) third-party platforms or other third-party systems; (c) trials, betas or other free or evaluation use; or (d) previous versions of Wartiva’s Endpoint that are no longer supported.
3.8. Endpoint Support Policy
“Endpoint” means refers to the software provided by Wartiva that runs in the Customer’s operating environment.
With respect to any Wartiva Endpoint included in a Customer’s subscription, Customer will be responsible for the prompt installation of all updates to the Endpoint that are provided by Wartiva. Customer acknowledges that as Wartiva develops enhanced versions of the Endpoint, Wartiva may cease to maintain and support older versions of the Endpoint. Wartiva will use commercially reasonable efforts to provide support services with respect to older versions of the Endpoint but will have no obligation to provide support for Endpoints outside of Wartiva’s stated support policy. Such policies are described in Wartiva’s Documentation and subject to change from time to time in Wartiva’s reasonable discretion, following advance notice of at least 90 days.