This Support and Service Level Agreement outlines the hc1 Insights' support services. Support services are provided with a Subscription to an hc1 Insights' solution for customers under contract with hc1 Insights, Inc., formerly known as hc1.com Inc. (“hc1 Insights”). Capitalized terms not defined in this Support and Service Level Agreement have the meaning given to them in the Agreement or the Terms of Service (https://www.hc1.com/terms-of-service/).
“Business Days” means Monday through Friday except for Federal holidays.
“Period” means a five (5) minute interval of time.
“Service Credit” means a dollar credit against future Subscription Fees that hc1 Insights will credit back to the Customer.
“Service Month” means a period of thirty (30) consecutive days used to measure the Uptime Commitment. By way of an example, if the Service Month begins on March 5 of a calendar month, such Service Month shall end of April 4 of the following calendar month.
“Support” means the maintenance and support services described in this support and service level agreement hc1 Insights provides to Customer throughout the Term upon payment of the Subscription Fees or support services fees if Customer upgrades support services.
“Unavailable” means unavailable for use by Customer due to any form of downtime, except for (a) maintenance, or (b) those instances that fall within an Exclusion.
2. Availability. The Service will not be Unavailable for more than 3.6 hours (99.5% availability) per Service Month throughout the Term of this Agreement (the “Uptime Commitment”). In the event hc1 Insights fails to meet such Uptime Commitment, the Customer is eligible to receive a Service Credit, which will be equal to the number of Periods beyond the Uptime Commitment for which the Service is Unavailable during a particular Service Month, multiplied by the Subscription Fees paid for the Service Month divided by the number of Periods in the Service Month. The total Service Credits shall not exceed 50% of the paid Subscription Fees for that month. A Service Credit will apply against future Subscription Fees otherwise due from Customer. Service Credits do not entitle Customer to any additional payments from hc1 Insights.
The Service shall not be deemed Unavailable if the cause of the unavailability is due to any of the following, hereinafter, and each, an “Exclusion”: (a) the suspension or termination of Customer’s or User’s right to use the Service in accordance with the Agreement; (b) factors outside of hc1 Insights' reasonable control, including a Force Majeure Event, Internet access or related problems beyond the demarcation point of hc1 Insights' hosting provider, services provided by a third party that are made available to Customer via the Service; or (c) the action or inaction of Customer or a User.
3. Credit Request and Payment Procedures. To receive a Service Credit, Customer must submit a request by sending an e-mail message to email@example.com. The Service Credit request must:
- include Customer’s account number in the subject of the e-mail message;
- include, in the body of the e-mail, the dates and times of each incident the Customer claims the Service was Unavailable; and
- be received by hc1 Insights within sixty (60) business days of the last reported incident in the request.
hc1 Insights will confirm the extent to which the Service was Unavailable as claimed in the request, and if each instance is affirmatively confirmed by hc1 Insights, then hc1 Insights will issue the Service Credit to Customer (a) after the anniversary of the Effective Date following the date in which the Service was Unavailable or (b) at the time Customer signs an Order Form for additional Services, whichever occurs first.
4. Maintenance. hc1 Insights will perform routine and when needed, emergency maintenance from time to time as described in this Section.
- Scheduled Maintenance. hc1 Insights will routinely perform maintenance on Wednesday, Friday or Sunday between the hours of 11:00 PM and 3:00 AM, Eastern Time. This maintenance may require specific Services to be suspended during the maintenance period. hc1 Insights will endeavor to provide notice two (2) Business Days in advance of such maintenance.
- Emergency Maintenance. Under certain circumstances, hc1 Insights may need to perform emergency maintenance, such as security patch installation or hardware replacement. hc1 Insights reserves the right to perform such maintenance at any time and without advance notice in case of emergency maintenance.
In addition to performing maintenance, hc1 Insights will use industry standard practices to determine whether server hardware is functioning properly and will replace non-functioning hardware with similarly functioning hardware of equal or greater quality. hc1 Insights shall use commercially reasonable efforts to implement hardware replacement. Unless an emergency situation, such replacement shall take during scheduled maintenance.
5. Customer Care. This section relates to the contents of maintenance and support services (“Customer Care”) to be provided to Customer during the Term. hc1 Insights shall provide standard Customer Care as described in the ‘hc1 Insights Customer Care Standard Support’ table below. hc1 Insights shall provide Customer Care Services during the Term subject to the payment of all fees when due.
Furthermore, hc1 Insights shall (a) provide to Customer standard customer care as outlined below, and if selected by Customer upgraded customer care, for the Service at such fees as further described in the Order Form, (b) use commercially reasonable efforts to make the Service available, and (c) provide the Service only in accordance with applicable laws and government regulations.
Customer Care calls and emails are handled by a hc1 Insights support analyst. Each issue is logged at intake into hc1 Insights' Customer Care ticketing system and assigned an incident number for the customer’s future reference. Response, Analysis, Interim and Final Resolution are documented using this log to ensure continuity throughout the process and to provide future reference for others encountering similar issues. Each customer may receive the current status of the customer’s problem by contacting hc1 Insights and requesting the status of the assigned incident number.
hc1 Insights' Standard Customer Care
|9 am – 5 pm, Eastern Time, Business Days
|Customer Care Line and Online Portal
|Severity Level 1
|Description: A catastrophic production problem resulting in production unavailability
|Severity Level 2
|Description: An instance in which a Customer’s production environment is functioning but in a severely reduced capacity. Customer’s production environment is exposed to loss or interruption in service.
|Severity Level 3
|3 – 5 Business Days
|Description: A problem that involves partial or non-critical functionality loss. Customer resources may be required to resolve the problem and impact to Customer operations may exist. Workarounds may exist.
|Severity Level 4
|3 – 5 Business Days
|Description: General issues, usage issues, questions, or recommendation for future product enhancements and/or modifications. There is only minor impact on the quality, performance, or functionality of the product.
|Severity Level 1/Severity Level 2
*Response time begins when hc1 Insights receives the Customer call or inquiry via the online submission form.
**Initial analysis begins when hc1 Insights responds to the Customer call or inquiry via the online submission form.
All support requests should be made through the authorized support contact and/or system admin.