Jobvite, Inc. Service Level And Support Agreement


SUPPORT & MAINTENANCE:

Help desk support is available to Customer 24x5 starting at 6:00 pm Pacific Time on Sundays to 6:00pm Pacific Time on Fridays, excluding Jobvite holidays. Customer agrees to send all issues to the channels outlined at http://support.jobvite.com The following table represents Jobvite’s support service level agreements and priority definitions:

PriorityDefinitionInitial Response and Update Times
P1 Urgent: The software on the production system is down (crashes) or is not operational for all customers. Initial response to designated CUSTOMER CONTACT within 1 hour of case submission to Customer Success (support). The designated CUSTOMER CONTACT will be updated twice daily on progress. Actions will commence within 1 hour on all licensor business days.
P2 Critical: The software on the production system is operational but has a major functional loss that impedes transactions from being completed for multiple customers. Initial response to designated CUSTOMER CONTACT within 4 hours of case submission to Customer Success (support) during regular support hours. The designated CUSTOMER CONTACT will be updated daily on progress. Actions will commence within 4 hours of notification on all licensor business days.
P3 Important: The software on the production system has a functional loss that does not impede transactions from being completed, but affects performance or user quality; or a suitable workaround can be employed; or the functionality is not immediately necessary; or the test system ("test drive") has major functional loss which impedes business transactions from being completed. Initial response to designated CUSTOMER CONTACT within 1 business day of case submission to Customer Success (support). The designated CUSTOMER CONTACT will be updated weekly on progress. Actions will commence within 2 days of notification on all licensor business days.
P4 Minor: The software has a cosmetic or grammatical error that does not affect performance or stability of the system, or the customer has a question regarding the use of the product. Initial response within 2 business day of case submission to Customer Success (support). The designated CUSTOMER CONTACT will be updated on an as needed basis. All questions on product use will be updated within 48 hours of case submission to Customer Success.
P5 Enhancement: Requests for new features/functionality that does not exist in the product will be reviewed by product management/development and included in future releases if broadly applicable to our customer base. Enhancement requests are logged and submitted to product management. The designated CUSTOMER CONTACT will be updated on an as needed/appropriate basis.

Customer acknowledges that Jobvite will schedule a system maintenance period every Saturday beginning at 10:00 pm Pacific Time and lasting up to three (3) hours. Jobvite may occasionally have to interrupt services outside of this time period, including for purposes of upgrades and maintenance to the Software and/or System, in which case Jobvite will use all reasonable efforts to announce the scheduled downtime via e-mail to Customer’s designated e-mail address one (1) business day in advance.

The Support provided under this Agreement does not include services for the following matters:

(i) any problem resulting from the misuse, improper use, alteration, or damage of the Software;

(ii) any problem caused by modifications in any version of the Software not made or authorized by Jobvite;

(iii) any problem resulting from Customer combining or merging the Software with any hardware or software not supplied by Jobvite and not identified by Jobvite as compatible with the Software or Systems; or

(iv) any problem that is not reproducible by Jobvite.


SERVICE LEVEL STANDARDS:

1. Definitions.
“Force Majeure Event” means (i) compliance with any act, order, demand or request of any government or governmental authority, agency or instrumentality; (ii) labor disputes, difficulties or work stoppages or slowdowns of any kind; (iii) hurricane, earthquake, flood and other natural disasters or fires; (iv) war, rebellion, act of terrorism, or civil disorder; (v) act or omission of any telecommunication or services provider; (vi) any other cause beyond Jobvite’s reasonable control.
“Maintenance Outage” means a planned or unplanned maintenance period, including, without limitation, any maintenance downtime or maintenance outage, not to exceed an aggregate of ten (10) hours in any calendar month. “Service” means the service provided by Jobvite to host, manage and make available through the Internet the Software.
“Service” means the service provided by Jobvite to host, manage and make available through the Internet the Software.
“Service Outage” means any time when the Service is inoperable or unavailable due to or caused by reasons reasonably within Jobvite’s control, excluding specifically the following reasons: (i) Customer’s own telecommunications or Internet service providers; (ii) a Force Majeure Event; (iii) any systemic Internet failures; or (iv) any failure in Customer’s own hardware, software or network connection.
“Total Hours of Operation” shall be twenty-four (24) hours per day, three hundred sixty-five (365) days per year, excluding any time for Maintenance Outages.

2. Availability of Services.
Jobvite warrants that the Services will be available at least 99.9% of the time measured monthly, using the following formula:
Uptime = Total Hours of Operation minus Service Outages
                            Total Hours of Operation

3. Sole Remedies for Failure to Meet the Uptime Service Level Commitment.
For each calendar month in which Jobvite has Uptime of:
(a) less than 99.9% but above 95%, Jobvite shall upon Customer’s request made within thirty (30) days of the end of the calendar month, provide Customer with a written plan for improving Jobvite’s Uptime to attain the 99.9% Uptime and Jobvite shall promptly implement such plan;
(b) between 95% and 90%, Jobvite shall, upon Customer’s request made within thirty (30) days of the end of that calendar month, provide Customer with a service credit in an amount equal to $500 and the action plan under subpart (a) above; or
(c) less than 90%, Jobvite shall, upon Customer’s request made within thirty (30) days of the end of that calendar month, provide Customer with a service credit in an amount equal to $1000 and the action plan under subpart (a) above. Customer may also terminate this Agreement upon thirty (30) days’ written notice (which notice must be given within sixty (60) days of the end of the calendar month in which the Uptime was less than 90%).
Customer shall not exercise the rights in this Section 3 without a reasonable basis or belief that the applicable Uptime commitment was not satisfied. If Customer believes that Jobvite has failed to achieve an Uptime commitment in any given month, Jobvite shall, promptly following Customer’s request, promptly provide a report that contains true and correct information detailing Jobvite’s actual Uptime performance. THIS SECTION 3 SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND JOBVITE’S ENTIRE LIABILITY, FOR ANY FAILURE TO MEET THE UPTIME COMMITMENT.

4. Maintenance Outages.
Jobvite will provide Customer with written notification via e-mail for each planned Maintenance Outage outside of the normal maintenance hours at least one (1) business day in advance whenever practicable of the occurrence of any such outage.
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