Aurea Email Marketing: Support Agreement for SaaS

This Support Agreement applies to and is incorporated by reference into the ordering document (the “Quote”) made by and between the Service Provider (as identified on the Quote) and the Customer (as identified on the Quote). Service Provider may modify the terms and conditions of this Support Agreement from time to time by posting such amended Support Agreement to Service Provider’s site, but will provide sixty (60) days advance notice to Customer before materially reducing the benefits offered to Customer under this Support Agreement.

Service Provider and Customer hereby agree as follows:
Language:The services are provided in English.

  1. DEFINITIONS
    “Basic Support” means the support level as set out in Section 2.
    “Support” means the support services to be provided by the Service Provider to the Customer in accordance with this Support Agreement.
    “Platinum Program” means the platinum program level of Support as set out in Section 3.
    “Response Time” means the time period in which the assigned support resource shall provide Customer with an initial technical response as a result of an issue reported by Customer.
    “Service Level” means the level of Support (Basic Support or Platinum Program) that has been selected by the Customer on the Quote.
    “Term” means the duration set forth in the Quote.
  2. BASIC SUPPORT
    Basic Support includes the program features that Service Provider makes generally available to its Basic Support SaaS customer base during the applicable Term as follows:

    1. “Support” Defined. Support consists of assistance provided to customers via the Internet or telephone with respect to use of the Application and to resolve Issues. Support cases are tracked and managed through access to a Call Management System operated by Service Provider’s support center (the “Customer Support Portal”). Basic Support is available Monday through Friday from 8 am to 6 pm, Customer’s local time, excluding local holidays.
    2. Severity Classification and Response Time Goals. Issues are classified according to severity of impact on the use of the Application, according to the chart below. All disputes regarding severity classification will be resolved by Service Provider in its sole discretion.Basic Support Response Time Goals
      Severity Impact Response Time Goal
      1 Production system is down impacting all applications and associated business systems. No Workaround exists. 4 business hours (via the Customer Support Portal)
      2 Production system performance is degraded, but operational;

      Issue affects essential functions and no Workaround exists; or

      Issue is blocking critical systems tests or deliverables.

      1 business day
      3 General product questions relating to development, feature issues, or documentation. 2 business days
  3. Platinum Program. Platinum Program includes the features that Service Provider makes generally available to its Platinum Program SaaS customer base during the applicable Term.
    1. Electing Platinum Program. Customer may upgrade to the Platinum Program at any time provided that Customer pays additional associated fees as indicated on the applicable Quote. Such fees may be prorated if the upgrade is made any time during the then-current Term. However, Customer may only downgrade from Platinum Program to Basic Support at the time of renewal. To downgrade from the Platinum Program to Basic Support, Customer must provide written notice to Service Provider at least sixty (60) days prior to the expiration of the then-current Term.
    2. Platinum Program Support. The Platinum Program Support features include the Basic Support described herein. Support is available 24×5 for all Issues and 24×7 for Severity 1 cases.
    3. Severity Classification and Response Time Goals. Issues are classified according to severity of impact on the use of the Application, according to the chart below. All disputes regarding severity classification will be resolved by Service Provider in its sole discretion.Platinum Program Response Time Goals
      Severity Impact Response Time Goal
      1 Production system is down impacting all applications and associated business systems. No Workaround exists. immediate (by phone)

      1 hour (via the Customer Support Portal)

      2 Production system performance is degraded, but operational;

      Issue affects essential functions and no Workaround exists; or

      Issue is blocking critical systems tests or deliverables.

      4 hours
      3 General product questions relating to development, feature issues, or documentation. next business day
  4. ADDITIONAL SERVICES.
    Scope. 
    For an additional fee, Customer may elect to receive certain additional services. Fees related to such services will be described in a statement of work signed by both parties and will be provided by Service Provider at the fee stated therein, or if no fee is stated, at Service Provider’s standard rate for equivalent services in effect at the time the statement of work is executed. For clarity, if any services are explicitly included in the Support plan selected by Customer, then such services do not require payment of an additional fee.

    1. On-Site Services. For an additional fee, Customer may elect to receive on-site support.
    2. Training. For an additional fee, Customer may elect to receive training with respect to the Application.
    3. Consulting. For an additional fee, Customer may elect to receive consulting services related to problems caused by issues other than the Application.
    4. Out of Pocket Expenses. Customer shall pay all reasonable out-of-pocket expenses incurred by Service Provider, including costs for meals, lodging, and travel related to additional support services.

Updated: February 1, 2016.