Service Level Agreement
1. Services Generally. Subject to the terms of the Service Level Agreement, Hing Consulting shall use reasonable efforts to make Hing Programs available to Customer at all times, and will provide the support services described within the Agreement (“Support Services”).
2. Support Service Description. Hing Consulting will provide Level 2 Support Services in accordance with the following:
· Email support between 8 a.m. and 5 p.m. (Customer Time Zone).
· Response Time:
o Hing Consulting will respond to Priority 1 issues within 1 business day.
o Hing Consulting will respond to Priority 2 issues within 2 business days.
(“Response” to an issue means acknowledging the Priority 1 or 2 issue to Customer.)
· Resolution Time:
o Hing Consulting will use commercially reasonable efforts to resolve Priority 1 and Priority 2 issues as quickly as reasonably possible.
· Priority Definitions:
o A “Priority 1” issue means an issue that results in a complete or substantial inability to use the Hing Programs for the intended purpose.
o A “Priority 2” issue means an issue that results in materially reduced functionality of the Hing Programs, but does not constitute a Priority 1 issue.
3. Updates. Hing Consulting shall deliver updates to the Hing Program that apply to Customer’s currently subscribed edition at no additional charge. From time to time, new components or features may be released that are applied selectively to different editions of the Hing Program. Only those updates that apply to Customer’s currently subscribed edition will be delivered automatically to Customer at no additional charge.
4. Error Correction. Hing Consulting shall use commercially reasonable efforts to correct all errors or to provide a reasonable workaround as soon as possible; provided that error correction activities may be limited outside of the Support Service hours specified in item 2 above. Customer shall provide such access, information, and support as Hing Consulting may reasonably require in the process of resolving any error.
5. Support Exclusions. Hing Consulting is not obligated to correct any errors or provide any other support to the extent such errors or need for support was created by:
(i) the acts, omissions, negligence or willful misconduct of Customer, including any unauthorized modifications to the Hing Programs or its operating environment;
(ii) any failure or defect of Customer’s or a third party’s equipment, software, facilities, third party applications, or internet connectivity (or other causes outside of Hing Consulting’s firewall);
(iii) Customer’s use of the Hing Programs other than in accordance with the Program Documentation; or
(iv) a force majeure event.
6. Additional Support Fees. Hing has the right to bill Customer at its standard services rates for any additional support not already required under this Agreement that have been quoted by Hing Consulting and pre approved in writing (including in an email) by Customer.
7. End-Users. The customer is responsible for handling emails and/or phone calls from end-users, logging & tracking issues, and communicating with Level 2 support.