This Service Level Agreement (“SLA”) is incorporated by reference into the ordering document to which they are attached, incorporated into or otherwise referenced by (the “Order Form”) and governs the provision of supplementary support, maintenance and other services described herein. Capitalized terms used but not defined in this SLA shall have the meaning ascribed to them in the Order Form.
Customer’s support package will be determined in the Order Form or absent an Order Form, in accordance with support package purchased by the Customer via the Rivery website, and the supplementary support terms applicable to such package will be as set forth below.
1. DEFINITIONS
1.1 “Business Hours” means the applicable hours during which Rivery Customer Support is available as specified in Section 3.2 below.
1.2 “Error” means a reproducible failure of the Services to perform a function in accordance with the technical specifications provided by Rivery, under conditions of normal use of the Services. Notwithstanding the foregoing, “Error” shall not include any failure caused or initiated: (i) by the use or operation of the Services not in accordance with the Order Form or the Rivery Terms and Conditions, or with any other hardware, software or programming languages or in an environment other than intended or recommended by Rivery; (ii) by any bug, defect, error or malfunction in any hardware or software used with the Services and not provided by Rivery or any other failure of any such hardware to conform to its published specifications, (iii) due to modifications, alterations and repairs to the Services not made by Rivery, except as authorized in writing by Rivery or by failure of a user to update any services or software, (iv) due to misuse, accidents or improper configuration or maintenance not performed by Rivery, (v) by Rivery’s hosting provider or by any other third party or third party services, including internet service providers, or internet network providers or (vi) force majeure or other event outside of Rivery’s control.
1.3 “Support Services” means call receipt and help desk services, customer assistance, the provision of general product information, configuration support, collection of relevant technical problem identification information, troubleshooting, problem isolation and diagnosis, resolutions of technical problems using documentation provided by Rivery, including the measures described in Section 4.2 below.
1.4 “First Reply” means communication from a Rivery Customer Support team member acknowledging the support ticket raised.
1.5 “Severity 1 Error” means a complete system outage. A critical function’s failure that affects a large number of Customers or loss of essential data/severe data corruption.
1.6 “Severity 2 Error” means a significant but not critical impact on operations. Affects multiple customers or a crucial process, but the overall system remains operational.
1.7 “Severity 3 Error” means a partial, non-critical loss of functionality of the Services. Impaired operations of some flows, but allows the user to continue using the Services. Main workflow and service to users and customers is not affected.
1.8 “Severity 4 Error” means a general usage and billing questions. Cosmetic issues, including errors in the documentation.
2. SERVICE AVAILABILITY
2.1 Rivery will use commercially reasonable efforts to maintain services availability at 99% calculated on an annual basis, other than downtime for scheduled maintenance or critical bug fixes.
2.2 Rivery will use commercially reasonable efforts to give Customer advance notice of any impending downtime 24 hours in advance or, if not possible, as much advance notice as possible, and will strive to perform scheduled maintenance during non-peak hours based on US Eastern Coast time.
2.3 Customer acknowledges that Rivery cannot and will not be responsible or liable in any manner for any downtime or disruptions or difficulties in accessing the Services that are caused or initiated by its hosting provider or by any other third party, including internet service providers, internet network providers, cellular networks or GPS networks.
3. CONTACT METHODS
3.1 Customer shall have access to an automated e-mail and internet-based reporting service (the “Customer Support”) through which support requests are logged and a ticket (ID) is issued. This service can be reached via the Rivery console (Help->Contact Support).
3.2 Customer Support hours of operation are 8:00 to 22:00 UTC on Monday through Friday, and 8:00 to 16:00 UTC on Sunday. Observed holidays (US, Israel and UK) are excluded.
4. SUPPORT RESPONSE AND OBJECTIVES
4.1 Rivery will provide Support Services to the Customer for Errors it is unable to resolve by itself. Customer will only escalate Errors to Rivery after exhausting reasonable efforts to resolve the Error by itself. A Rivery Customer Support member will respond to Customer’s report based on the case severity level indicated by the Customer in its initial report, as described in Section 5.1 below. Afterwards, a Rivery Customer Support team member will determine the actual severity level. Response times are measured from the time the Error was reported to Rivery Customer Support.
4.2 Rivery’s Customer Support response will include all or some of the following services with respect to Errors, at Rivery’s determination: (i) issuance of ticket ID, (ii) call receipt and help desk services; (iii) customer assistance; (iv) provision of general product information; (v) configuration support; (vi) collection of relevant technical problem; (vii) identification information; (viii) troubleshooting; (ix) problem isolation and diagnosis; (x) resolutions of technical problems using potential workarounds or Error fixes within commercially reasonable time periods.
5. RESPONSE TIMES
5.1 Rivery will use commercially reasonable efforts to respond to Error(s) reported by Customers in accordance with the following table:
6. LIMITATIONS
Rivery’s Support Services are subject to the following:
6.1 The Support Services do not include on-site technical support, consulting, support for incompatible products or third-party products, training, professional services or related out-of-pocket expenses.
6.2 The Support Services are provided with respect to Errors only and only to the Customer. In the event that any problem or error with respect to which the Customer shall approach Rivery is discovered to fall outside of the scope of the definition of Error or could have reasonably been resolved by the Customer, then Rivery reserves the right to recover all expenses related to the support of Customer and maintenance fees, at the then current prices for such services.
7. GENERAL
7.1 THE LIMITED SERVICES SET FORTH IN THIS SLA ARE GIVEN TO CUSTOMER ONLY, ARE NOT ENFORCEABLE BY ANY OTHER ENTITY OR PERSON, AND ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY RIVERY WITH RESPECT TO ERRORS. RIVERY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
7.2 Customer will cooperate with Rivery in its efforts to provide the Support Services, including without limitation by providing as much detail as available about the Errors, making its personnel available, and taking all such reasonable measures requested by Rivery in order to detect and provide further information with respect to each Error. Customer will further grant Rivery such access to information of the Customer’s and its customers’ personnel, their respective technological platforms and any relevant third-party networks and other suppliers of the Customer or its customers as may be necessary to enable Rivery to perform its obligations under this SLA.
7.3 Customer acknowledges that compliance with its undertakings in this SLA is essential to enable Rivery to provide the Support Services.
7.4 Rivery may elect, from time to time at its discretion, to render any or all of the Support Services by itself or through any of its affiliates, sub-contractors or agents, provided that all such affiliates, sub-contractors or agents shall comply with the obligations under the Order Form or the Rivery Terms and Conditions, and that Rivery shall be directly responsible for any act or omission of any affiliate, sub-contractor or agent.