^Response time is measured from the time that an Incident is logged by Ciptex until the first response by Ciptex to the Customer, in each case during Support Hours, except in the case of a P1 Incident where the Customer has purchased Extended Support.
3.2. The Customer is responsible for:
(a) reporting an Incident to Ciptex and providing all necessary information required in order for Ciptex to replicate the Incident; and
(b) ensuring that its internal technical support staff are adequately and appropriately trained in respect of the use of the Software Services.
3.3. The Response Times shall not begin until the Customer has provided Ciptex with all such information required by Ciptex to investigate the Incident (including all relevant information and circumstances relating to the Incident and in order for Ciptex to replicate the Incident).
3.4. The Response times set out in the table above are key performance indicators (KPIs) only and failure to achieve any of these KPIs shall not be deemed a breach of the Agreement.
4. Support Hours
4.1. Support shall be available 9 am – 5.30 pm (UK Time, GMT/BST) on Business Days in the UK.
4.2. Extended support outside of these hours can be provided, on request from the Customer, up to and including a 24x7 basis (Extended Support) at an additional cost, where agreed in an Order Form.
5. Service Availability and Service Credits
5.1. The target availability percentage for the Software Services (excluding any period of Force Majeure and maintenance) is 99.95% in each calendar month (Target Availability Percentage). The Target Availability Percentage will be calculated in accordance with the following formula:
C% = (A – B) / A x 100
where:
“C%” = Target Availability Percentage;
“A” = the number of minutes in the relevant calendar month (Uptime)
“B” = the number of minutes in the relevant calendar month during which the Software Services were unavailable for use (excluding any Excluded Downtime, as defined below) (Downtime)
5.2. Downtime shall not include any unavailability of the Software Services which: (a) is caused by factors outside Ciptex’s control, including telecommunications provider-related problems or issues, internet access or related problems occurring beyond the point in the network where Ciptex maintains access and control over the Software Services; (b) results from any actions or inactions of the Customer or any third party; (c) results from any Customer Services, Customer equipment, software or other technology, add-on services or third party equipment, software or other technology; (d) occurs as a result of any scheduled or emergency maintenance; (e) relates to any Software Services that are identified as alpha, beta , not generally available, limited release, or developer preview; (f) is caused by Force Majeure; or (g) is less than five (5) minutes of continuous unavailability in duration (collectively Excluded Downtime).
5.3. This Support Schedule does not apply to any products or services, or versions thereof, that are no longer available or supported.
5.4. If the Target Availability Percentage for the Software Services is not met in any calendar month during the term of the Agreement, the Customer may be entitled to a service credit of 10% of the Charges payable for the affected Software Services, in the relevant month (Service Credit). To receive a Service Credit, the Customer must submit a request to Ciptex at support@ciptex.com, such request to be made within 14 days of the end of the relevant calendar month. All requests for Service Credits must include “SLA Claim” as the subject of the email, and details of the dates and times of Downtime. The Service Credit shall be applied as a credit against the Charges payable by the Customer for the following month.
5.5. The Service Credits set out in section 5.4 above are the Customer’s sole and exclusive remedy for any failure to meet the Target Availability Percentage.
5.6. Ciptex shall not be responsible for failure or delay in providing the Services if arising from one or more of the following reasons:
(a) the Customer is in material breach of any of its obligations under the Agreement;
(b) the Customer’s system administrator(s) is unavailable when reasonably required by Ciptex to assist in the rectification of the Incident; or
(c there is an unreasonable delay by the Customer in notifying an Incident to Ciptex or in submitting instructions.