PuppyGraph Enhanced Support and Maintenance Description
Provided that Customer remains current in its payment obligations to PuppyGraph, PuppyGraph will use commercially reasonable efforts to provide technical support and maintenance relating to the PuppyGraph Software as set forth below.
Definition
Support and Maintenance constitutes the following with respect to any PuppyGraph Software Errors:
- troubleshooting;
- resolving or working around material PuppyGraph Software errors that are reproducible;
- providing updates, upgrades and patches
- assisting customer as needed in certifying any updates, upgrades or patches
Support and Maintenance Exclusions
PuppyGraph will have no obligation to provide support and maintenance for, any failure of the PuppyGraph Software caused by any of the following:
- any alterations or modifications to the PuppyGraph Software not made or approved by PuppyGraph in writing;
- factors outside PuppyGraph’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, or government action);
- misuse or abuse, including without limitation, the failure to operate the PuppyGraph Software in accordance with PuppyGraph Documentation or failure by Customer to maintain the required Technical Requirements;
- any failure of the PuppyGraph Software caused by Customer Data,Customer software, hardware, equipment or third-party software;
- use of PuppyGraph Software on hardware or in software environments that are not certified by PuppyGraph as jointly agreed with Customer;
- Use of an older version of the PuppyGraph Software;
- pre-release, beta or trial versions of the PuppyGraph Software;,
- the PuppyGraph Software has been damaged in any manner due to the fault or negligence of any person or entity other than PuppyGraph;
- Customer or Named End Customers fails to reasonably assist PuppyGraph in verifying, reproducing and correcting issue conditions, or PuppyGraph is unable, after using reasonable efforts, to verify and reproduce the issue condition reported by Customer; any failure of the computer operating systems, hardware environment, and/or third party software utilized by Customer; or any Force Majeure Event.
Support Hours
- Support Hours are 9:00 am through 5:00 pm (Pacific time)
- Monday through Friday (excluding bank holidays)
Target Response Times
P1
Severe Business
Impact
- Production system down or not accessible
- Data loss/corruption
- Repeated service interruptions
- Severe performance degradation thereby blocking Customer’s business operations
60 minutes
P2
Significant Loss of Functionality
- Critical previously available functionality missing without workarounds, but system is otherwise operational
- Intermittent service interruptions
- Noticeable but tolerable performance degradation with a high impact to Customer’s business operations
8 hours
P3
Minor Impact
- Some functionality not working as expected but there are workarounds available
- How-to or usage questions
1 business day
P4
No Operational Impact
- Enhancement requests
- General questions
3 business days
Communication
Customer must report technical issues in a timely manner by emailing support@puppygraph.com.
Customer’s report shall include a detailed description of the issue, including relevant screenshots or logs and other information reasonably required by PuppyGraph so that they can verify and reproduce the issue reported by Customer.
While Customer shall estimate the Priority Level of the issue when it submits its request, PuppyGraph will confirm such Priority Level or re-designate such Priority Level. If there is a disagreement between the parties, the parties shall collaborate to resolve such disagreement in good faith.
Additional Services
During the term of the Agreement, in the event that Customer requests service not defined as support, PuppyGraph shall provide a proposed Statement of Work for each such project.
If PuppyGraph fails to meet this response time commitment, Customer's exclusive remedy and PuppyGraph’s sole obligation will be: (a) for PuppyGraph to make reasonable efforts to respond promptly after Customer notifies PuppyGraph that it failed to meet this response time commitment; and (b) if PuppyGraph fails to meet this response time commitment five (5) times during a calendar quarter, for Customer to terminate the applicable Order Form and receive a refund, on a pro rata basis, of any pre-paid, unused Fees.
