1. General Support. SCALE will provide means of obtaining support between the hours of 7:00 a.m. and 9:00 p.m., Eastern Time, Monday through Friday other than holidays observed by SCALE. Upon Client’s request, SCALE will provide a list of observed holidays.
- Service Level Agreement.
The Service Level Agreement (SLA) and any associated performance metrics, including but not limited to service level availability and response times shall not apply to any disruptions, delays, or deficiencies in service caused by or attributable to the Client’s failure to provide up-to-date, accurate, or necessary data in a timely manner, or due to the unavailability of the Client or its representatives for necessary communications, approvals, or interactions required for the provision of the Services. The Company shall not be held liable for any loss, damage, or service degradation arising directly or indirectly from such Client-related issues.
2.1 Service Level Availability.
Commencing as of the later of (i) the Contract Date or (ii) the Platform Delivery Date, SCALE shall provide 98.5% availability during each business day except for: (a) downtime during SCALE’s routine maintenance window (during 11:00 p.m. to 6:00 a.m., Eastern time); (b) planned downtime, which SCALE shall use reasonable commercial efforts to be outside of normal business hours (business days during 8:00 a.m. to 10:00 p.m., Eastern time); for which SCALE gives reasonable advance notice on its website(s), by email or otherwise that the Platform will be unavailable and shall be for no longer than necessary to complete system maintenance or implement updates or other improvements; (c) downtime caused by a Force Majeure Event, or (d) any act or omission of Client (including Client’s third-party service providers) (the “Minimum Service Level”). Additionally, the Service Level Agreement (SLA) and any associated performance metrics, including but not limited to service level availability and response times shall not apply to any disruptions, delays, or deficiencies in service caused by or attributable to the Client’s failure to provide up-to-date, accurate, or necessary data in a timely manner, or due to the unavailability of the Client or its representatives for necessary communications, approvals, or interactions required for the provision of the Services. The Company shall not be held liable for any loss, damage, or service degradation arising directly or indirectly from such Client-related issues.
- Non-Mission Critical Use
3.1 The Customer acknowledges and agrees that the Software is not designed or intended for use in any situation where failure or downtime could lead to severe consequences, including but not limited to loss of life, injury, or significant financial loss. The Software is not intended for mission-critical applications, and the Service Provider shall not be liable for any damages arising from the use of the Software in such contexts.
- Support Priorities and Response Times.
4.1 SCALE shall use commercially reasonable efforts to correct confirmed Errors in accordance with this Section. SCALE, in consultation with Client, shall assign the priority level using the criteria set forth in the table below.
4.2 Client agrees to cooperate and work closely with SCALE to reproduce suspected Errors, including conducting diagnostic or troubleshooting activities as reasonably requested. Client agrees to obtain the timely cooperation of Authorized Users. SCALE will provide Client with contact information for a designated account representative so that Client can discuss and escalate pending Errors and support issues.
4.3 For suspected Priority One or Priority Two Errors, requiring the attention of either or both of (a) SCALE Engineering, or (b) SCALE Account Manager, Client must call the then-current SCALE support (the “Support Contact”) and must also email the Support Contact.
Priority | Definition | Response Times | Error Resolution |
One (1) | A critical production Error in the SaaS Services that (a) affects all of or a majority of the Authorized Users rendering either (1) the SaaS Services completely inaccessible or (2) the SaaS Services materially and generally not functioning in conformance with the Documentation and critical functionality is not operational, and (b) has no workaround available. | · Response within 1 Support Hour with updates every 4 clock hours · Full resolution within 48 hours | SCALE will work continuously during all hours on all calendar days to provide a workaround or resolve the Error, which may be in a hot fix or patch release |
Two (2) | A major production Error in the SaaS Services that (a) either (1) renders one or more significant components of the SaaS Services materially and significantly non- functional in conformance with the Documentation or (2) has no workaround available or (b) would otherwise be a Priority One but for which there is a workaround. | · Response within 4 Support Hours with updates every 8 hours · Full resolution with 48 hours | SCALE will work continuously during normal business hours on business days to develop a workaround or resolve the Error, which may be in a hot fix, patch release or scheduled release. |
Standard | All other Errors or confirmed issues with the SaaS Services. | · Support request is entered into a log within 5 business days | Whether, and if so how and when, to resolve such Errors will be in SCALE’s discretion. |
“Error” means a failure of the SaaS Services (i) to operate in material accordance with the Documentation, (ii) that has a material adverse effect on Client’s use of the SaaS Services, and (iii) is reproducible.
A “Response” means that SCALE has opened an internal support ticket regarding a suspected Error in response to a support request received from Client and notified Client that the support ticket has been opened.
Relevant Products: SCALE Analytics, SCALE Automation
