Support policy
Evolved will provide standard support for Evolved SaaS
products in accordance with this annex (“Support Services”):
1.
Support
a.
If the customer believes that the SaaS is not
performing in accordance with its current documentation, the customer may
report the issue to Evolved by emailing support @theevolvedgroup.com (Support
Request).
b.
Evolved will acknowledge each Support Request
and use reasonable efforts to promptly investigate it. The customer must promptly provide Evolved
with all reasonable information and assistance to enable Evolved to investigate
and diagnose the issue.
c.
Where the SaaS is failing in a material respect to
perform in accordance with its current product documentation (Defect),
Evolved will use reasonable efforts to promptly correct the failure, provide a
reasonable workaround and/or otherwise resolve the Support Request.
2.
Service Levels
a.
Evolved will use commercially reasonable efforts
to meet the following Support Request acknowledgement, response and resolution
time frames, at least 99% of the time in each calendar month:
|
Acknowledge |
Respond |
Resolve |
Updates |
Priority
1 |
0.5 hours |
1.0 hours |
2.0 hours |
0.5 hours |
Priority
2 |
1.0 hours |
2.0 hours |
8.0 hours |
1.0 hours |
Priority
3 |
1.0 hours |
4.0 hours |
Next scheduled upgrade |
24 hours |
Priority
4 |
1.0 hours |
4.0 hours |
Next scheduled upgrade |
24 hours |
For the purposes of the table above
Priority 1 means a Defect that results in all users being unable to
access or operate the SaaS at all, or otherwise a Defect which severely
impacts customer’s ability to use key features of the SaaS.
Priority 2 means a Defect that significantly adversely affects the
users’ ability to use the SaaS without using unsustainable workarounds, or
otherwise has a major impact on customer’s ability to use key features
of the SaaS.
Priority 3 means a Defect that is not a Priority 1 or
Priority 2 Defect, or otherwise has a minor impact on any users’ ability
to use the SaaS or for which there is a reasonably sustainable workaround.
Priority 4 means a Defect that does not materially
impede a users’ ability to use the SaaS, or is otherwise a “nuisance” issue
only.
For all priority levels, Evolved will
designate a priority level based on the information provided by the
customer. The customer may object to any
priority level designation by Evolved and Evolved will reasonably consult with
the customer in relation to the potential re-classification of priority for a
Support Request.
Acknowledge means the
maximum time period between the customer’s Support Request and Evolved’s
acknowledgement of receiving the Support Request.
Respond means the
maximum time period between the customer’s Support Request and the time
Evolved commences investigating and rectifying the Defect.
Resolve means the
maximum time period between the customer’s Support Request and Evolved’s
restoration of the SaaS to remove the Defect.
Update means the maximum time
interval for Evolved to provide updates to the customer regarding the
customer’s Support Request and its status. All communications will be managed
via email.
3.
Exclusions
a.
Evolved is not required to provide the Support
Services or assist the customer to investigate and resolve issues and Defects
in the following circumstances:
i.
where the Support Request relates to an issue which
is not a Defect;
ii.
where a Defect or issue is caused by the
customer, including through:
1.
misuse of the SaaS;
2.
a breach of the agreement by the customer;
3.
failure to comply with Evolved’s standard
documentation for the SaaS (including maintaining any minimum system
requirements in the customer’s environment);
4.
combination of the SaaS with another product not
supplied by Evolved.
iii.
during any period in which Evolved is entitled
to suspend or cancel access to the SaaS,
but Evolved may (in its discretion) provide support to
investigate and resolve the issue, subject to the customer’s payment of
additional fees for such support (to be agreed in advance).
b.
Evolved will not be taken to have missed any
Service Levels where its delay or failure is caused by:
i.
the customer failing or refusing to promptly
provide the information and assistance reasonably requested by Evolved in order
for it to provide the Support Services; or
ii.
the Defect is caused by an event of force
majeure, or otherwise any event beyond the reasonable control of Evolved.