Email Support. Jifflenow shall provide Licensee email support which shall be available Monday through Friday, 9:00 a.m. to 5:00 p.m. Pacific Time, excluding holidays.
Service Availability. Jifflenow will use commercially reasonable efforts to maintain the availability of the Jifflenow System to the Licensee and Users as follows:
|Service Category||Availability/Response Time|
The availability percentage does not include interruptions due to Scheduled Downtime or Force Majeure.
|Scheduled Downtime||10:00 pm – 1:00 am Pacific Time weekly on Saturdays, or as Jifflenow otherwise notifies Licensee no less than twenty-four (24) hours in advance.|
|Unplanned Outages (other than for system emergency)||Maximum 40 minutes over a reference period of 1 month, excluding Force Majeure.|
|Unplanned Outages for system emergency||Maximum 2 hours over a reference period of 1 month, excluding Force Majeure. Jifflenow will promptly notify Licensee of any Unplanned Outage (whether or not for system emergency), including a description of the Unplanned Outage and the expected or estimated time until normal operations will resume.|
|Frequency of back-ups of meeting data and configuration data||One incremental back-up per day until 30 days after the end of an active event. All the data is retained for a year.|
|Average time for remedy of incidents|
Calculated as from opening until closing of a case.
|< 4 hours for 90% of cases|
Exclusions. Jifflenow shall have no liability for lack of availability due to: (1) outages caused by the failure of public network or communications components, (2) user errors, or (3) unauthorized use or misuse by Licensee or anyone using any of the Licensee passwords, provided that Jifflenow has taken industry standard steps to protect the Jifflenow System from unauthorized access, intrusion, and disruption.
Licensee Reporting. Licensee shall report any unscheduled system downtime and any error, bug, or defect in the Jifflenow System to the maintenance email support@Jifflenow .com (must call 408.858.9071 for Severity 1 Errors) immediately upon becoming aware or receiving notice of such system downtime, error, bug, or defect.
Sole Remedies for Failure to Meet the Service Availability Level Commitment. For each calendar month in which Jifflenow has Uptime of:
less than 99.9% but above 95%, Jifflenow shall upon Licensee’s request made within thirty (30) days of the end of the calendar month, provide Licensee with a written plan for improving Jiffle’s Service Availability to attain the 99.9% Service Availability and Jifflenow shall promptly implement such plan;
between 95% and 90%, Jifflenow shall, upon Licensee’s request made within thirty (30) days of the end of that calendar month, provide Licensee with a service credit in an amount equal to $500 and the action plan under subpart (a) above; or
less than 90%, Jifflenow shall, upon Licensee’s request made within thirty (30) days of the end of that calendar month, provide Licensee with a service credit in an amount equal to $1000 and the action plan under subpart (a) above. Licensee 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 Service Availability was less than 90%).
Licensee shall not exercise the rights in this Section 2.3 without a reasonable basis or belief that the applicable Service Availability commitment was not satisfied. If Licensee believes that Jifflenow has failed to achieve an Uptime commitment in any given month, Jifflenow shall, promptly following Licensee’s request, promptly provide a report that contains true and correct information detailing Jiffle’s actual Service Availability performance. THIS SECTION 2.3 SETS FORTH LICENSEE’S SOLE AND EXCLUSIVE REMEDY, AND JIFFLE’S ENTIRE LIABILITY, FOR ANY FAILURE TO MEET THE SERVICE AVAILABILITY COMMITMENT.
Error Corrections and Updates.
“Error” means a failure of the Software to conform to the documentation, resulting in the inability to use, or material restriction in the use of, the Software.
“Maintenance Release” means a revision of the Software released by Jifflenow to its Licensees generally, to correct Errors in the Software or to maintain the operation of the Software in accordance with the documentation.
“Update” means either a Software modification or addition that, when made or added to the Software, corrects the Error, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect of the Error.
“Upgrade” means a revision of the Software released by Jifflenow to its end user Licensees generally, to add new and different functions or to increase the capacity of the Software. Upgrade does not include the release of a new product or added features or modules for which there may be a separate charge.
Updates. Jifflenow will make commercially reasonable efforts to provide an Update designed to solve or by-pass a reported Error. Jifflenow shall reasonably determine the priority level of Errors, pursuant to the following protocols and take the following actions during the Licensee Support Center Hours.
Severity 1 Errors: Jifflenow promptly initiates the following procedures: (1) assigns specialists to correct the Error on an expedited basis; (2) provides ongoing communication on the status of an Update; and (3) begins to provide a temporary workaround or fix. A Severity One Error means the (i) production system is severely impacted or completely shut down, or (ii) system operations or mission-critical Softwares are down.
Severity 2 Errors: Jifflenow assigns a Jifflenow specialist to begin an Update, and provides additional, escalated procedures as reasonably determined necessary by Jifflenow Support Services staff. Jifflenow exercises commercially reasonable efforts to provide a workaround or include a fix for the Severity 2 Errors in the next Maintenance Release. A Severity Two Error means (i) the production system is functioning with limited capabilities, or (ii) is unstable with periodic interruptions, or (iii) mission critical Software, while not being affected, has experienced system interruptions.
Severity 3 Errors: Jifflenow may include an Update in the next Maintenance Release. A Severity Three Error means there (i) are errors in fully operational production systems, (ii) is a need to clarify procedures or information in documentation, or (iii) is a request for a product enhancement.
Response Times. Jifflenow will respond to Licensee reports of a problem based on the severity. Upon receipt of a request for support or report of a problem, Jifflenow will respond to Licensee with an assigned level of priority based on the response times shown in the following table.
|Priority||Examples||Initial Response Time|
|Priority One: EmergencyA crisis has occurred – a system is down, a major operational function is unavailable or a critical interface has failed||Production system is down or crashing frequently|
A business critical operation can not be performed
|< 1 business hours|
|Priority Two: CriticalAny problem critical to Jifflenow success and requiring immediate resolution||Production system functioning with limited capabilities|
System unstable with periodic interruptions
|< 4 business hours|
|Priority Three: HighPriority three situations include problems to be resolved as soon as possible. Most of these have acceptable workarounds, or the Software recovers by itself||Errors in production systems but still fully functional|
Malfunction in non-critical functions
|< 1 business day|
|Priority Four: NormalPriority four situations are technical questions or problems requiring resolution – many of which are of “how to” nature||Need clarification of procedures or information in documentation|
Attributes or options do not operate as stated
Product enhancement requests
Documentation is incorrect
|< 2 business days|
Maintenance Releases and Upgrades. During the Term, Jifflenow shall make the Maintenance Releases available to Licensee if, as and when Jifflenow makes any such Maintenance Release generally available to its Licensees. If a question arises as to whether a product offering is an Upgrade or a new product or feature, Jiffle’s opinion shall prevail, provided that Jifflenow treats the product offering consistently for its Licensees generally.
Conditions for Providing Support. Jiffle’s obligation to provide Support Services is conditioned upon the following: (a) Licensee makes reasonable efforts to solve the problem after consulting with Jifflenow ; and (b) Licensee provides Jifflenow with sufficient information and resources to correct the problem, as well as access to the personnel, hardware, and any additional systems involved in discovering the problem.
Exclusions from Jiffle’s Support Services. Jifflenow is not obligated to provide Support Services in the following situations: (a) the problem is caused by Customer’s negligence, hardware malfunction or other causes beyond the reasonable control of Jifflenow; (b) the problem is with third party software not licensed through Jifflenow; (c) the problem is with individual user’s desktop or browser software; or (d) Customer has not paid License Subscription Fees under the Agreement when due.