Last Updated: 01.03.2025
Commencing on the effective date of the applicable Subscription Period, SocialKred will provide to the Customer the SLA and Support Services defined herein as specified in the applicable Order.
1. Definitions
“Customer” means the Customer’s employees who have been trained on the SocialKred Platform and who are familiar with the Customer’s business practices.
“Customer User” means all Customer’s Users.
“Downtime” means any period during which the Customer is unable to access or use the SocialKred Platform because of an Issue, excluding (i) Scheduled Downtime or (ii) document preview, search, email uploads, or mobile apps of the SocialKred Platform
“Issue” means a single, reproducible issue or problem materially or significantly affecting the functionality of the SocialKred Platform.
“Scheduled Downtime” means a time period identified by SocialKred not to exceed 1 hour per calendar quarter and subject to 24 hours’ prior notice wherever practical as provided to SocialKred’s general customer base, in which SocialKred intends to have any downtime of the SocialKred Platform or related systems.
“SLA Credit” means the credit identified in Section 3 below, which may be offered to the Customer in the event the Customer reports an Uptime Percentage of less than 99.5%
“Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in such calendar month, divided by the total number of minutes in such calendar month.
“User Administration Support” means Issues that impact the usability of the SocialKred Platform and are addressable through the adjustment of User access privileges, processes or procedures.
2. Scope of Service Level Commitments
SocialKred’s obligations do not extend to Issues or errors caused by:
(a) Third party hardware or software;
(b) Use of the SocialKred Platform in violation of the terms of the Agreement;
(c) Use of the SocialKred Platform other than in accordance with any user Documentation or the reasonable instructions of SocialKred;
(d) Ongoing test or training instances of the SocialKred Platform provided to the Customer; or
(e) Services, circumstances or events beyond the reasonable control of SocialKred, including, without limitation, any Force Majeure events, the performance and/or availability of local ISPs employed by the Customer, or any network beyond the demarcation or control of SocialKred.
3. Scheduled Downtime and Guaranteed Up Times
SocialKred will use commercially reasonable efforts to provide at least 24 hours’ prior notice before implementing any Scheduled Downtime. SocialKred will provide the Customer with the SLA Credits identified below during the applicable Subscription Period upon the Customer’s written request. The SLA Credit will be equal to the credit percentage identified in the table SLA Credits table below multiplied by the Customer’s fees paid to SocialKred for the SocialKred Platform that are attributable to the corresponding month (calculated on a straight line pro-rated basis with respect to any fees paid in advance). The Customer will submit a written SLA Credit request to SocialKred within 15 days of such Downtime. The SLA Credit is the Customer’s sole and exclusive remedy for any failure by SocialKred to meet any support obligations as identified herein.
SLA Credits Table
| Uptime Percentage | SLA Credit Percentage |
|---|---|
|
Less than 99.5% but more than 99% |
20% |
|
Less than 99% but more than 98% |
40% |
|
Less than 98% but more than 97% |
60% |
|
Less than 97% but more than 96% |
80% |
|
Less than 96% |
100% |
4. Availability of SLA Credits
Customers who are past due on any payments owed to SocialKred are not eligible to receive SLA Credits. SocialKred will issue SLA Credits, as determined in its sole discretion, either on future billing cycles or as a refund against annual fees paid. In order to receive any SLA Credit, the Customer must notify SocialKred in writing within 15 days from the time the Customer becomes eligible to receive an SLA Credit. Failure to comply with this requirement will forfeit the Customer’s right to receive an SLA Credit. In no event will the total amount of SLA Credits if any, exceed the fees paid by the Customer for the corresponding month, or monthly pro rata for annual payments.
5. Support Services
SocialKred will provide support services to assist the Customer in resolving Issues (“Support Services”). Support Services do not include (a) physical installation, the SocialKred Software and any Documentation; (b) visits to the Customer’s site; (c) any professional services (“Professional Services”) associated with the SocialKred Platform, including, without limitation, any custom development, data modelling, training and knowledge transfer.
The Customer will ensure that the Customer User addresses all Issues through the Customer. The Customer will:
(a) Validate and recreate Issues;
(b) Resolve procedural Issues;
(c) Provide first-level User Administration Support;
(d) Report all unresolved problems to SocialKred Support; and,
(e) Provide additional information for testing and analysis purposes to assist with Issue resolution.
6. Case Prioritisation
Any Issues reported by the Customer to SocialKred and accepted by the SocialKred support team will be classified as an Issue or a Request and assigned a priority. The following priorities and their meanings are used herein:
(a) Level 1 – Urgent – An Issue that renders the SocialKred Platform completely inoperative for all Users.
(b) Level 2 – High – An Issue that materially impairs substantial features of the SocialKred Platform for many Users; no reasonable workaround is available.
(c) Level 3 – Normal – An Issue that impairs a feature of the SocialKred Platform for a few Users; a reasonable workaround is available.
7. Response Times
SocialKred will provide an acknowledgement of a reported Issue to the Customer and respond within the target time frames specified below (“Response”). The Response will include the priority assigned to the case, any actions taken, immediate resolution if available, and any escalation plans.
| SocialKred hours of Operation & Response Time | Branded Software Solution Support |
|---|---|
|
Hours of Operation |
08:00 – 22:00 GMT/BST
Monday to Friday |
|
Support Access Method |
Email/Phone |
|
Support Response Method |
Email/Phone |
|
Number of Support Requests |
Unlimited |
|
Priority Level/Target Response Time:
Level 1 – Urgent
Level 2 – High
Level 3 – Normal |
Within 2 business hours
Within 4 business hours
Within 6 business hours
|
Resolution to an Issue is subject to verification and reproduction of the Issue by SocialKred, with the Customer’s reasonable assistance verifying and reproducing the Issue. Resolution(s) may include a temporary workaround, patch or bypass supplied by SocialKred, or a computer or operating routine. Once SocialKred has resolved an Issue, the Customer will be required to test and accept the fix and/or work on data Issues if data has been impacted.
