legal

Support Schedule

This Support Schedule applies to Services provided by Ciptex to the Customer under an agreement entered into between Ciptex and the Customer pursuant to Ciptex Terms and Conditions V2.0 (the Terms and Conditions). Defined terms shall have the meaning given in the Terms and Conditions unless otherwise defined herein. In the event of any conflict between this Support Schedule and the Terms and Conditions, the Terms and Conditions shall prevail.

Definitions

The following definitions shall have the following meanings in this Support Schedule.

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks are open for business.

Downtime: shall have the meaning given in paragraph 4.1.

Excluded Downtime: shall have the meaning given in paragraph 5.2.

Extended Support: shall have the meaning given in paragraph 4.2.

Incident: a reproducible error or fault with the Software Services.

Support Hours: the hours during which Support Services are provided, set out in paragraph 4 of this Support Schedule.

Target Availability Percentage: shall have the meaning given in paragraph 5.1 below.

1. Support Services

1.1. Ciptex shall provide support to the Customer in respect of Incidents affecting the Software Services, subject to paragraph 1.2 and 1.3 below.

1.2. The Support Services shall exclude (and Ciptex shall not be required to provide any support in connection with):

(a) any error, fault or issue with the Software Services or performance or availability issues resulting from Customer Services or the Customer’s environment, systems or infrastructure or their failure;

(b) any error, fault or issue with the Software Services resulting from the Customer or anyone acting on its behalf having used the Software Services outside the terms of the Agreement or other than in accordance with Ciptex’s instructions or recommendations, or in combination with any other software, hardware, or systems which do not comply with the technical requirements notified by Ciptex to the Customer;

(d) any error, fault or issue with the Software Services resulting from any modification or change to the Software Services by any party other than Ciptex,

and Ciptex shall not be required to provide Support Services where the Authorised Users are not adequately and appropriately trained in respect of the use of the Software Services.

1.3. In respect of the Third Party Services, the Customer acknowledges that Ciptex will provide first line support to the Customer but may be dependent on the relevant Third Party Provider to provide the required Support Services. In such event, Ciptex will liaise with and use reasonable commercial efforts to procure third party support services on the terms of the relevant Third Party Provider’s standard support policy, but shall not be liable for the support provided by, or any delay in providing such support by, the Third Party Provider.

1.4. Requests for Support Services can be logged at support@ciptex.com or +44 345 880 0808 (option 2)

2. Priority Levels

Ciptex shall categorise the Incident in accordance with the priority levels set out in the table below:

Category

Category and Definition

Definition

URGENT (P1)

Business Critical

Only available for production applications. Represents a complete loss of service or a significant feature that is completely unavailable, and no workaround exists. Does not include development issues or problems in staging environments.

HIGH (P2)

Degraded service

Includes intermittent issues and reduced quality of service. A workaround may be available. Does not include development issues or problems in staging environments.

NORMAL (P3)

Normal issue

Includes product questions, feature requests and development issues

LOW (P4)

Information request

Request for documentation or advice on service operation

3. Response Times

3.1. Ciptex shall use reasonable endeavours to respond to an Incident logged by the Customer in accordance with the following Response Times, by reference to the categorisation of the priority of the Incident as set out above.

URGENT (P1)

2 hours (within Support Hours, unless Extended Support purchased)

HIGH (P2)

4 hours (within Support Hours)

NORMAL (P3)

8 hours (within Support Hours)

LOW (P4)

16 hours (within Support Hours)

^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.