This Service Support document provides the support and service levels available to Customer and is issued under the terms of theAgreement in place between the Customer and Naytev. All defined terms used herein if not otherwise so documented shall have the same meanings as set forth in the Agreement.
1. Support. Customer shall submit support requests via email to email@example.com or via Naytev’s in-application chat feature. Support is available Monday - Friday, 6am to 6pm Pacific Time, excluding Federal Holidays. Additionally, for Level 1 and Level 2, as defined herein below, after hours support is also available.
2. Training and Guidance. At a mutually agreeable time, Naytev will make available to Customer up to six (6) hours of live training annually to Customer’sUsers via phone call or remote screen share. Naytev may make available training materials for use by Users. Additional training is available upon Customer request for an additional fee to be determined based the scope of training so requested.
3. Support Response Guidelines. When submitting a support request, Customer must (i) provide Naytev with all information necessary for Naytev to address the request, and (ii) respond promptly with any information reasonably requested by Naytev to clarify the support request. On receipt of the support request, Naytev will respond to the request and determine the appropriate priority level based on the classifications specified below, and input fromCustomer. Naytev’s ability to resolve support requests is dependent and contingent upon a Customer contact being available to provide information required for problem diagnosis and to test/confirm any resolution. Naytev must be able to reproduce an error in order to resolve it. Customer agrees to cooperate and work closely with Naytev to reproduce errors, including conducting diagnostic or troubleshooting activities as reasonably requested and as appropriate. Incidents will be routed and addressed according to the following service levels:
5. Uptime/Availability. Naytev’s Services will be available to Customer no less than 99.5%of the time each calendar month, where the calculation of availability excludes: (i) the time that Naytev performs scheduled or emergency maintenance;(ii) any performance issues caused by factors outside of Naytev’s reasonable control, including any force majeure event, or internet access outage, or performance issues, or downtime, with critical third-party systems, such as but not limited to, Facebook, Twitter, LinkedIn, Instagram, Heroku, and Amazon WebServices; and/or (iii) any performance issues that resulted from any actions or inactions of Customer including failure to meet Customer Responsibilities as provided in the Agreement (“Uptime”).
6. ServiceCredit. For Level One and Level Two issues: If Naytev’s Services fail to meet the above Uptime criteria for two (2)consecutive calendar months, and Customer can demonstrate Customer was materially negatively impacted, Naytev shall provide a service credit equal to twenty percent of one month’s Service Fee (“Service Credit”). Such Service Credit shall be documented on the immediately following Billing Cycle, as documented on the Naytev Order Form, and shall only be available to Customers who are current in all payment obligations to Naytev and are fully compliant with terms of theAgreement. Notwithstanding any other term or provision in the Agreement, the remedies stated in this Section 6 are Customer’s sole and exclusive remedies for Naytev’s failure to meet its Uptime commitment specified herein.
7. Maintenance. Naytev may perform any standard maintenance, upgrades, replacement of hardware or software or any other like activity that may result in unavailability (collectively, “Scheduled Maintenance”). Naytev shall make a reasonable effort to schedule routine system maintenance during times Naytev believes to have a minimum impact on Customer’s use of the Services. Naytev will perform any maintenance reasonably necessary to fix critical Service functionality, security or other vulnerabilities or material defects that may substantially impair the usability or performance of the Services, to the extent such maintenance cannot reasonable be performed as Scheduled Maintenance (“EmergencyMaintenance”). Depending upon the nature of the maintenance necessary, Naytev shall have as a goal to notify Customer with at least 24 hours’ notice by placing a notice on the Naytev site. Such notice may include the expected duration.