This support service level agreement (“SLA”) is offered by Planck Security to the Customer in connection with and subject to the Planck Security Terms and Conditions and to the applicable Quote for the use of the Licensed Software. Planck Security shall, at all times during the Term, provide the Support Services, as defined below, to meet or exceed the service levels set forth in this SLA.
Capitalized terms used in this SLA but not otherwise defined in this SLA shall have the meanings defined by the Planck Security Terms and Conditions.
When used in this SLA, the following terms shall have the meaning defined below:
“Bug Fix” means the repair of an Error in the Licensed Software to ensure that the Licensed Software can function normally in accordance with the Agreement;
“Business Days” means days from Monday to Friday, except the following days:
“Business Hour” means an hour occurring between 9:00 am and 5:00 pm (CET) on Business Days;
“Error” means a verifiable and reproducible failure of the out-of-the-box functionality of the Licensed Software in supporting the documented behavior and specifications, but shall not include any such failure to the extent that such failure is caused by:
“Problem” means any question, feature request, or failure the Authorized User encounters in using the Licensed Software in a productive environment, including but not limited to those caused by an Error;
”Severity” means the severity of a Support Request, as defined in Section 3 of this Agreement.
This SLA covers the “out-of-the-box” functionality delivered by the Licensed Software. Subject to the terms of this SLA, Planck Security will use commercially reasonable efforts to provide the Customer with information, assistance, and Bug Fixes to support the resolution of a Problem.
If Planck Security agrees to remedy any Problem not covered by this SLA, the Customer shall pay Planck Security for all such work performed at the mutually agreed consultancy rates. If Planck Security provides support for Problems not linked or generated by an Error, Planck Security shall charge for all work in excess of one (1) hour at the mutually agreed consultancy rates.
A customer support portal will be made available to the Customer. Unless differently specified in the Quote, the customer support portal is available at: https://support.planck.security. In the event of a Problem, the Customer must notify Planck Security of the Problem via the support portal (“Notice”). Planck Security shall respond to such Notice and resolve Problems according to the terms below. Planck Security shall have no obligation to address any Problem not communicated through the support portal.
Planck Security’s support agent handling the Problem will work with the Customer to classify the Problem on a level that will determine the priority of its resolution (“Severity”). In case of disagreement, Planck Security shall take precedence and assign a reasonable Severity.
The following are the four Severity levels and the respective criteria for classification:
|
Severity |
Description |
|
1 |
Critical issue affecting all customers and/or their users, including system unavailability and data integrity issues with no available workaround. |
|
2 |
Major functionality is impacted, or performance is significantly degraded. Issue is persistent and affects many customers and/or users and/or major functionality. No reasonable workaround is available. |
|
3 |
System performance issue or feature not running as documented. Customer and/or users affected, but workaround is available and/or degraded functionality is non-critical for continuity of service. |
|
4 |
Minor issue that is not impacting day to day functionality. Inquiry regarding a routine technical issue. Information requested on application capabilities, navigation, installation, or configuration. Suggestion for feature enhancement or new features. |
Planck Security will use commercially reasonable efforts to respond to each Problem within the applicable Target Initial Response Time. The response to a Problem may include: confirming the Problem and its Severity, providing a tentative indication of resolution time, providing a first suggestion to work around or resolve the Problem.
Unless Target Resolution Times are explicitly agreed in the Quote, Planck Security will use its best efforts to provide a resolution for the Problem. If Target Resolution Times are explicitly agreed in the Quote, Planck Security will use commercially reasonable efforts to resolve the Problem within the applicable Target Resolution Time, depending on the Severity and during Business Hours in Business Days. The resolution of a Problem may include: suggesting a workaround to avoid a Problem or reduce its Severity; providing clarifying information and documentation; suggesting an engagement with Planck Security’s or a partner’s professional services for dedicated assistance; making a Bug Fix available to the Customer.
Target Initial Response Time and Target Resolution Time for each Problem will depend on the Severity level, according to the table below. Response time and resolution time shall be calculated from the time the Customer gives Notice of the Problem. Resolution time shall be calculated until the time Planck Security provides a viable resolution in the support portal.
|
Severity |
Target Initial Response Time |
Target Resolution Time |
Coverage |
|
1 |
4 Business Hours |
As per Quote, where applicable |
Business Days during Business Hours |
|
2 |
8 Business Hours |
As per Quote, where applicable |
Business Days during Business Hours |
|
3 |
2 Business Days |
- |
Business Days during Business Hours |
|
4 |
5 Business Days |
- |
Business Days during Business Hours |
Planck Security may request additional information to the Customer to categorize the Problem, reproduce the Problem, or work on a resolution of the Problem. Work on the Problem will stop and will resume once the required information has been provided. Any commitment Planck Security may have taken in resolving the Problem within a given deadline will be delayed by the time required to obtain the required information. Planck Security may consider the Problem resolved if Customer fails to provide the required information within reasonable time.
Planck Security will regularly release updates of the Licensed Software to Customers addressing feature requests and Bug Fixes. Such updates follow a standard release cycle which applies to all Customers and undergo testing to ensure the quality of the changes and minimize the risk of problems for Customers.
In case the resolution of a Problem requires changes to the Licensed Software that cannot be released to other Customers, or in case the Customer requires access to such chances with a schedule different than the standard release cycle, Planck Security may release such update to the Customer on an ad-hoc basis (“Patch Release”). Due to their time-critical nature, a Patch Release may not undergo the same level of testing as a standard release. Customer acknowledges that the installation and use of a Patch Release are at their sole discretion and risk. To the fullest extent permitted by law, the Customer hereby waives and releases Planck Security from any and all liability, claims, demands, actions, or causes of action arising out of or in connection with the installation, use, or consequences of Patch Releases, including but not limited to any loss of data, system downtime, or any other damage to Customer's hardware, software, or business operations.
The Customer shall (i) make all reasonable efforts to determine whether the Problem originates in the Licensed Software or is due wholly or partly to the use of the Licensed Software in a manner for which it was not designed; (ii) provide Planck Security with all relevant information when reporting a Problem, including, without limitation, the name of the person reporting the Problem, the date of the Problem and a description of the Problem or and such other diagnostic information as may be agreed between the Parties; (iii) provide all reasonable assistance to Planck Security necessary to reproduce and demonstrate any Problem; (iv) supply Planck Security with all documentation, test cases, sample data and anything else reasonably required by Planck Security to investigate and rectify the reported Problem; (v) notify Planck Security as soon as possible after the occurrence of any Problem that requires remedial maintenance; install and test any new releases of the Licensed Software within three (3) months of the date of availability of any such new releases; and (vii) timely pay all Fees due to Planck Security hereunder as per the terms of the Quote.
Planck Security reserves the right to amend the SLA at its sole discretion from time-to-time to the extent that such amendments concern minor modifications. If Planck Security wishes to implement major modifications to the SLA that are crucial to the Licensed Software, Planck Security will notify the Customer at the latest fifteen (15) days before the implementation of such major modification via email (to all email addresses subscribed to receiving such communication), publication of updates to Planck Security’s website, or notification in the Licensed Software. If the Customer does not object to such modification within these fifteen (15) days, the modification will be deemed accepted by the Customer.
