S1 - System Outage
Production system outage
This includes the following scenarios:
– Product in production environment is unusable and is severely impacting other critical business functions, and no workaround is available.
– Outage of HyperCurrent’s Cloud Offerings is leading to service interruptions to production versions of APIs exposed on the platform.
S2 - Key Functionality Impaired; No Workaround
The reported issue affects key functionality and/or causes some performance degradation, and no workaround is available. Other product features are still functional.
S3 - Moderate Impact with Workaround
Issue has a moderate or minor impact on usage, and the product remains functional. This category may include provisioning/change management requests, enhancement requests, common how-to questions, and any product issues with a viable workaround.
S4 - Minor Impact
Includes minor, cosmetic, or documentation-related issues, and enhancement requests that are not time-sensitive. There is no impact on the product’s existing features.
During the Subscription Term, HyperCurrent shall provide Customer with Service Levels consisting of the following: (i) online, email, or telephone support regarding use and deployment of the Product; (ii) Major and Minor releases of the same Products licensed by Customer during the subscription (“Maintenance”).
Support is available only in English.
Designated Customer Support Contacts must be identified by Customer. Customers may elect to increase the number of Designated Customer Support Contacts at HyperCurrent’s then-current applicable fee.
HyperCurrent’s support personnel will (a) verify Customer detected Errors, provided that the Errors can be recreated with an unmodified version of the Software and (b) the severity of the support request and whether the support request is a Severity Level S1 error, a Severity Level S2 error, a Severity Level S3 error, a Severity Level S4 error or not an Error.
Upon receipt of notice of an Error, HyperCurrent shall assign appropriate technical personnel to the issue and provide Customer with acknowledgement that it has received such Error notice (such actions together, a “Response”). HyperCurrent will provide Customer with a Response to each incident in accordance with the table below. HyperCurrent will use commercially reasonable efforts to promptly resolve each incident. Actual resolution time will depend on the nature of the incident and the resolution. A resolution may consist of a fix, workaround or other solution in HyperCurrent’s reasonable determination.
HyperCurrent’s obligation to provide Support is conditioned upon the following: (a) Customer makes reasonable efforts to correct the Error after consulting with HyperCurrent; (b) Customer provides HyperCurrent with sufficient information and resources to correct the Error either at HyperCurrent’s customer support center or via remote access to Customer’s site, as well as, if applicable, access to the personnel, hardware, and any additional software involved in discovering the Error; (c) if Customer is not subscribed to Cloud Offerings, Customer promptly installs all Minor releases (as defined in the Product Version and Back Support Policy (referred to in Section 7 above); and (d) as applicable, Customer procures, installs, and maintains all equipment, communication interfaces and other hardware necessary to operate the Product.
HyperCurrent maintains its systems supporting the Cloud Offerings using the following table as a guideline for system updates & security-related patching:
VENDOR CLASSIFICATION - REMEDIATION TIMEFRAME
The following are excluded from HyperCurrent Support and Maintenance obligations: (i) Software that is used on or in conjunction with hardware or software other than as specified in the Documentation; (ii) altered or modified Software, unless altered or modified by HyperCurrent; (iii) defects in the Software due to accident, hardware malfunction, abuse or improper use; (iv) any version of the Software for which Support and Maintenance services have been discontinued by HyperCurrent; (v) any Error caused by third party software not licensed through HyperCurrent; (vi) evaluation software or other software provided at no charge; and (vii) Third Party Solutions Components including certified and community connectors.
The following are excluded from HyperCurrent Support and Maintenance obligations: (i) support for software which has been subject to unauthorized modification by Customer or a Customer User; (ii) failure of, or issues arising from, computing or networking hardware, or equipment or programs under the control of Customer; (iii) negligent or intentional misuse of the Cloud Offerings by a Customer User (e.g., flooding the system with automated emails; and (iv) custom integration scripts that use the HyperCurrent APIs, unless affected by a change in the core Cloud Offerings that had not been communicated to Customer with at least seven (7) days’ notice of the change. Customer may elect to use certain billable consulting services (“Consulting Services”) in order to resolve issues associated with Excluded Services. Such Consulting Services may require that Customer complete a network assessment and/or provide HyperCurrent with access to the Customer network, as needed, in order to diagnose the issue.
The Cloud Offerings shall be available to Customer not less than 99.99% of the time each calendar month. If, within 10 days of the end of a calendar month, the Customer informs HyperCurrent that the Cloud Offerings is available less than 99.95% of any calendar month during the Term, Customer shall be eligible for a service credit for future Subscriptions equal to the credit formula below. For purposes of this Section, Unavailability shall be defined as the HyperCurrent API being unable to process transactions. Notwithstanding the foregoing, Customer shall not be entitled to service credits under this Section if (A) the Cloud Offerings is Unavailable as set forth in this Agreement as a result of: (a) a force majeure event; (b) any causes contributed directly by Customer, its Affiliates or vendors; (c) software or hardware not provided; (d) regularly scheduled maintenance, provided that HyperCurrent shall use its best efforts to ensure maintenance is done without downtime or (B) the Customer fails to inform HyperCurrent of such Unavailability within 10 days of the end of the month in which Customer determines the Cloud Offerings was Unavailable. “Monthly Uptime Percentage” for a given application is calculated by subtracting from 100% the percentage of 1 minute periods during the month which the application was “Unavailable”
“Monthly Uptime Percentage” for a given application is calculated by subtracting from 100% the percentage of 1 minute periods during the month which the application was “Unavailable”
The service credit shall be equal to:
In the case of unavailability of the platform, the service credit shall be equal to:Monthly Percentage Credit * (Annual Subscription Fee/12)
The monthly percentage credit is equal to the rate in the following table:
Availability/ Monthly Uptime Service Levels - Percentage credit for monthly fees