LAST UPDATED: JULY 5, 2022
Customer will be entitled to the basic support offered by Rivery. Rivery will use commercially reasonable efforts to strive to maintain Services Availability 24 hours a day, 7 days a week, other than downtime for scheduled maintenance or critical bug fixes. Rivery will strive 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. 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. Rivery’s support will be provided to Customer only and not the End Customers. Customer is responsible for providing support to the End Customers. Customer’s support package will be determined in the agreement governing Customer’s use of the Services, and the supplementary support terms applicable to such package (Service Level Agreement) will be set forth below.
SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) sets forth the terms under which Rivery offers supplementary support, maintenance and other services described herein to its customers in addition to Rivery’s standard support services. The services offered hereunder are against payment by Customer of the fees set forth in the agreement governing Customer’s use of the Services, and are aligned to the response times mentioned in our documentation.
1.1 “Business Hours” means the applicable hours during which Rivery customer support is available as specified in Section 2.2 below.
1.2 “Error” means any verifiable and reproducible failure of the Services to substantially conform to their published specifications. 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 agreement governing Customer’s use of the Services, 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, mobile device or software used with the Services and not provided by Rivery or any other failure of any such hardware or mobile device 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 versions of mobile applications that are made available in the applicable app store or marketplace, (iv) due to misuse, accidents or improper installation 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, internet network providers, cellular networks or GPS networks, maps, SMS and other messaging services, services providing information regarding traffic and road conditions and driving directions, or (vi) force majeure or other event outside of Rivery’s control.
1.3 “First Level Support” 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.
1.4 “Second Level Support” means second level support services provided by Rivery to Customer as described in Section 3 below.
1.5 Problem severity levels are as defined in Section 4 below.
2. CONTACT METHODS
2.1 Customer shall have access to an automated e-mail and internet-based reporting service (the “Customer Support”) through which support requests are logged and ticket (ID) is issued. This service can be reached at firstname.lastname@example.org.
2.2 Customer support hours of operation are 8:00 a.m. to 5:00 p.m. CST, Monday through Friday, excluding observed holidays.
3. SUPPORT RESPONSE AND OBJECTIVES
Customer will provide First Level Support for the Services to its Mobile Personnel and End Customers. The First Level Support shall be provided by Customer personnel who have undergone training by Rivery and who were subsequently authorized by Rivery to provide First Level Support for the Services.
Rivery will provide Second Level Support to the Customer for Errors it is unable to resolve through First Level Support. Customer will only escalate Errors to Second Level Support after exhausting reasonable efforts to resolve the Error via First Level Support. Rivery Customer Support member will respond to Customer’s report to Rivery Customer Support based on the case severity level, as described is Exhibit A. Response times are measured from the time the Error was reported to Rivery Customer Support.
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.
4. PROBLEM SEVERITIES DEFINITIONS
Problem severities shall be classified as follows:
4.1 Severity 1: Production access or other Mission Critical system(s) are down. Substantial loss of service.
4.2 Severity 2: Major functionality is severely impaired. Operations can continue in a restricted fashion, although long-term productivity might be adversely affected.
4.3 Severity 3: Partial, non-critical loss of functionality of the software. Impaired operations of some flows, but allows the user to continue using the software. Main workflow and service to users and customers is not affected.
4.4 Severity 4: General usage questions. Billing, cosmetic issues, including errors in the documentation. Individual data extraction issues.
Rivery’s support services are subject to the following:
5.1 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.
5.2 The support services hereunder 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 using First Level Support, 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.
6.1 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 THE SERVICES HEREUNDER. RIVERY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6.2 Customer will cooperate with Rivery in its efforts to provide the support services hereunder, 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.
6.3 Customer acknowledges that compliance with its undertakings hereunder is essential to enable Rivery to provide the support services in accordance with the provisions hereof.
6.4 Rivery may elect, from time to time at its discretion, to render any or all of the services hereunder 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 underlying agreement governing Customer’s use of the Services between Rivery and Customer, and that Rivery shall be directly responsible for any act or omission of any affiliate, sub-contractor or agent.