Support ServicesIn connection with an End User License Agreement (the “Agreement” or “EULA”) between Blue Triangle Technologies, Inc., a Delaware corporation (“BTT”) and the entity or company that is the authorized purchaser or licensee of the BTT Services and Software (“Customer”), BTT offers this support services agreement (“Support Agreement”). This is applicable to any paid contracts, not for no-cost evaluations, pilots, or proof of concept engagements. Additional support coverage and services not covered under this Support Agreement may be purchased for an additional cost. Capitalized terms used shall have the meanings set forth in part 6 below, “Defined Terms,” or in the Agreement.
- Emergency Support Service. BTT will provide to Customer emergency telephone support (“Emergency Support Service”), on a 24x7 basis. Emergency Support Service includes telephone and research time. An Emergency constitutes any BTT outage lasting more than 5 minutes. General telephone support will be provided between 8:30AM and 5:30PM Eastern time zone on Monday through Friday, excluding U.S. bank holidays.
- Service Availability and Resolution. BTT shall measure, retain, report and post in a manner accessible to Customer, true and accurate downtime reporting. For any Customer reported incidents and/or from BTT systems monitoring tools, BTT will resolve reported issues in accordance with the Priority Level as provided in the chart below:
Resources targeted to resolve within 4 hours
Every 30 minutes, unless otherwise agreed
Resources targeted to resolve within 8 hours
Every 1 hour after Acknowledgement, unless otherwise agreed by the Customer.
Resources targeted to resolve within 72 hours
At the beginning and at the end of every Customer workday or at the time defined for action.
Resources targeted to resolve as soon as feasible but within 10 days
- Tag Delivery System Availability and Resolution. BTT commits to have the BTT Tag Delivery System and the BTT Portal available to Customer at least 99.9% of each month, excluding Scheduled Downtime.
- Tag Response Time. The average time required for the services to respond (i.e., commence transmitting BTT’s tag) after a request from a customer’s system, measured over each 24 hour day, will not exceed 500 milliseconds from the time such request reaches BTT’s servers.
- Defined Terms.
“Communication” means a written electronic communication.
“Priority Level 1 Problem” or “P1” means a core business function that, when compromised, will cause a significant loss of revenue in Customer’s business. P1 examples include site outage(s) or system application outage(s).
“Priority Level 2 Problem” or “P2” means a core business function that impacts the use or continued use of any one or more functions of the services, or a condition that impedes Customer’s web site transactional activities. P2 examples include Customer Site page error(s) visible to the end user.
“Priority Level 3 Problem” or “P3” means a core business function is affected but is not causing an immediate loss of Customer’s revenues or loss of data. P3 examples include Customer Site navigation error(s) and application issues preventing the main function of measuring, reporting or alerting.
“Resolution” means a permanent resolution for an Incident.“Resolution Time” means the amount of time, from the time of BTT’s knowledge of an Incident, in which BTT shall provide a Resolution to Customer.
“Response Time” means the amount of time, from the time of BTT’s knowledge of an Incident, in which BTT shall respond acknowledging the Incident. For incidents from 8 am ET through 5:30 pm ET - Monday through Friday, BTT will make reasonable efforts to meet a Response Time of 2 hours. For any Incidents occurring outside this time period, BTT will make reasonable efforts to meet a Response Time of 4 hours.
“Scheduled Downtime” means downtime resulting from either a Force Majeure events, or for regular maintenance, improvements and upgrades which BTT has provided Customer at least forty eight (48) hours’ advanced written notice and in aggregate such time shall not exceed: (a) a total of 8 hours per month and shall only occur on Wednesday evenings between 8 pm to 12 am, and Saturday mornings between 7 am to 11 am U.S. Eastern Time; and (a) a total of 1 hour per month during times other than such scheduled hours.
“System Downtime” being any time the services are unavailable, including unavailability due to planned and unplanned maintenance activities.
“Workaround Time” means the amount of time, from the time of BTT’s knowledge of an Incident, in which BTT shall provide a Workaround to Customer.
“Workaround” shall be defined as a temporary resolution of an Incident. For clarification, each Workaround shall be followed as soon as commercially practicable by a Resolution.