Customer Care Agreement

1. Introduction
   1. This Customer Care Agreement describes the Customer Care Squiz will provide a Customer during a Subscription Period. Further terms and details may be included in the Order. Capitalized words not defined in this agreement will have the same meaning as those ascribed in the Subscription Agreement.
   2. A Core Customer Care subscription includes unlimited Support and Maintenance Tasks and 24/7 Incident Management which is provided pursuant to this Customer Care Agreement, subject to the Customer’s payment of fees.
   3. Additional Support and Maintenance Tasks, and other Customer Care Add-On services may be provided if specified in an Order. These services are subject to the Customer’s payment of fees as set out in the Order.
   4. This agreement only applies where Squiz is the contracted hosting provider.
2. How can I access Customer Care?
   1. The Customer can access Customer Care by:
      1. logging a request in the Squiz Customer Portal (https://my.squiz.net/)
      2. telephoning the Customer Care Hotline, details can be found here https://www.squiz.net/contact)
      3. accessing the Help Center to view forums, e-learning courses, product guides and release notes.
   2. Each request logged should be confined to one Customer Care issue. If more than one Customer Care issue is raised in a request, Squiz will separate the issues and treat each issue as a separate request for Customer Care.
3. How do I know if I need to log an Incident Ticket or a Service Request?
   1. An Incident Ticket should be logged if you need assistance with an Incident.
   2. A Service Request should be logged when assistance is required for a Support & Maintenance Task or a Small Enhancement.
   3. Please note that the Customer Care provided pursuant to this agreement does not include large system architectural changes and complex work that requires scheduling across multiple resources.
   4. Squiz will be the sole arbiter of whether a ticket is a Service Request or an Incident ticket. If you log a ticket incorrectly, Squiz will let you know.
4. Customer Care Add-Ons (Optional)
   1. Customer Care Add-On services may be provided as described in an Order for an additional fee. Customer Care Add-on services may include but are not limited to:
      1. Service Delivery Manager services;
      2. Special Event Support (Hypercare);
      3. Audits and drills;
      4. Custom requirements;
      5. Instructor-led training and training needs analysis;
      6. Consultation and staff augmentation services, and
      7. Service Packs (for Small Enhancements or project work).
   2. A list of Add-On services and fees can be made available on request.
5. Service Level Commitments
   1. This section sets out Service Level Commitments (Response and Resolution Time) and the Priority Levels for Customer Care (please see table below)
   2. Squiz will determine the priority level assigned to an Incident based on the information provided by the Customer, Squiz’s assessment of the Incident, and its impact on the Customer.
   3. The Response Time Guarantee can only be met if the Incident Ticket contains the minimum information Squiz requires to take action on the Incident. If the Incident Ticket does not have the minimum required information, Squiz will seek further information from the Customer and respond to the Incident after it is received. Calculation of the Response Time Guarantee will commence when Squiz has sufficient information to act on the Incident.
   4. Squiz’s response to Incidents will be commensurate with the Priority Level assigned to the Incident.
   5. Squiz will work as efficiently as possible to resolve Incidents or provide a workaround.
   6. The Response Time Guarantee will be deemed void if:
      1. the Customer does not permit Squiz to access the Applicable Environment remotely; or
      2. Authorized Customer Care Contacts cannot be contacted.
   7. Upon resolving an Incident, Squiz will update the Incident Ticket, assign it back to the Customer, and request confirmation of resolution. If the Customer does not confirm the resolution of the Incident Ticket within 3 Business Days of Squiz requesting confirmation, then Squiz will mark the Incident Ticket as closed.

6. Support & Maintenance Tasks

a. The following types of assistance may be requested as a Support & Maintenance Task as part of the Core Customer Care subscription:

i. Triage services & handoffs;
ii. Platform & computer maintenance;
iii. OS & security patching;
iv. Bug diagnosis;
v. How to questions;
vi. Emergency WAF rules;
vi. SSL Certificate Renewals;
viii. Licence key renewals;
ix. Implementation problem diagnosis & quick fixes (a fix that takes up to half a day of effort);
x. IP address whitelisting/blacklisting;
xi. Caching enquiries;
xii. Spam resolution (forms & emails);
xiii. File upload virus scanning enquiries;
xiv. Post-Upgrade problem diagnosis & quick fixes;
xv. Environment provisioning & decommissioning;
xvi. Occasional user account adds, deletions & changes;
xvii. MySquiz contact updates;
xviii. Training enquiries;
xix. DNS changes;
xx. Server level redirects;
xxi. Standard information requests;
xxii. Syncing between environments (MATR or FB); and
xxiii. Ballpark work estimates.

7. Service Credits

a. If Squiz fails to meet a Service Level Commitment in response to an Incident, Squiz shall pay the Customer a Service Level Credit in recognition of the diminished service value, unless a Force Majeure event has caused the failure to meet a Service Level.

b. To receive a Service Level Credit, Customers must log a Service Request through the Squiz Customer Portal (https://my.squiz.net/) within 28 days of the Incident, which must include:

1. the words “SLA Credit Request” in the subject line; and
2. the dates and times of each Incident relating to the claim.

c. The payment of a Service Level Credit will be the Customer’s sole and exclusive remedy for a failure to meet the Service Level.

d. The Service Level Credit will be paid in the month following the notification of the failure to meet the Service Level.

e. Customers who submit a Service Request requesting a Service Level Credit more than 28 days after an Incident will not receive a Service Level Credit.

f. Service Credits are not payable for resolution of Service Requests.

g. An accepted Service Credit is a percentage of the annual Subscription fee calculated monthly and capped at 1% of the equivalent of the monthly Subscription fee. A Service Credit is payable if more than one Service Level Commitment is not met in a month. The Service Credit is applied for recurring customers upon renewal of their Subscription Agreement.

8. Customer Obligations

a. To be entitled to Support, the Customer must:

1. ensure that all Authorized Support Contacts:

a. have a basic understanding of the issue that is the subject of the Incident, and the ability to reproduce the problem to assist Squiz in diagnosing and triaging the Incident.
b. understand that Squiz must be able to reproduce any errors to be able to solve them;
c. can assist Squiz in analyzing and resolving any issue;
d. have attended any training required by the Customer and training provided by Squiz;

2. Oversee the Customer’s Incident Ticket activity and act under Squiz’s instructions to resolve Incident Tickets.
3. Continuously maintain and update their environment as the Vendor recommends to maintain system stability.
4. Ensure that before logging an Incident Ticket, it has deployed any troubleshooting procedures it has in place and attaches evidence of the same to the Incident Ticket.
5. Approve payment for any add-on services to be provided by Squiz.
6. Submit and/or approve any account-level requested changes/updates.

b. As soon as practicable, the Customer will advise Squiz of any changes to its Authorized Customer Care Contacts. Until it is advised of a change, Squiz will treat all known Authorized Customer Care Contacts as being authorized to carry out the above activities. Squiz will not be liable for any loss or damage arising from a Customer failing to notify Squiz that someone is no longer an Authorized Customer Care Contact.

9. Squiz Support obligations

a. Squiz will provide the Customer with Customer Care for Subscription Services according to the terms of this agreement, the Order and the Subscription Agreement.

b. Squiz may refuse to provide Customer Care if it reasonably determines that the Incident is not attributable to a failure of the Subscription Services or Squiz's performance.

c. Unless otherwise agreed, the Customer can access Customer care 24/7; however, only Incident Support is provided 24/7. Customer Care Add-Ons and Support & Maintenance will be provided during Business Hours.

10. Exclusions

a. Squiz is not obliged to provide Customer Care to the extent an Incident arises from:

1. misuse or unauthorized modifications to the Subscription Services;
2. third-party Platforms or other third-party systems;
3. trials and beta programs or other free or evaluation use; or
4. professional services deliverables.

11. Language

a. All Customer Care is provided in English.

b. Customer Care in other languages may be provided subject to a prior arrangement.

12. Fair Use Policy

a. Squiz's Fair Use Policy will apply if the Customer’s requests exceed the parameters set out in an Order.

13. Changes to Customer Care

a. Squiz may modify the Customer Care offering occasionally, provided the Service Level will not materially decrease during the Subscription Period.

14. Definitions

a. Any words capitalized but not defined below have the same meaning as used in the Subscription Agreement.

Applicable Environments refer to the Subscription Services and the instance where either  Customer Care is needed or an incident occurs. (example: Production Sites, UAT Sites)

Authorized Customer Care Contact/s means users the Customer identifies as primary liaisons with Squiz for Customer Care.

Business Hours means 8:30am-5pm local time, Monday through Friday excluding local public holidays.

Customer means the entity specified in the order, agreement, or statement of work purchasing the Subscription Services.

Customer Care means assistance Squiz provides to the Customer via the Squiz help desk facility and as described in this Agreement concerning an Incident or a Service Request.

Customer Portal means the staffed support portal Squiz provides to support Customer’s Authorized Customer Care Contacts used to report a case (Incident or Service Request), respond to a Squiz question and/or follow up on these tickets.

Force Majeure means any causes beyond the reasonable control of a party. Such delays include but are not limited to denial of service attacks, malicious damage or attack, interruptions or failures of the internet or third-party service providers, fire, natural catastrophe, government legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. Any such excuse for delay shall last only as long as the event remains beyond the delayed party's reasonable control.

Incident means the events listed in Section 5 Service Level Commitments table under P1 Critical, P2 High, P3 Moderate and P4 Low.

Incident Ticket means a request for assistance concerning the use of the Subscription Services arising from an Incident.

24/7 Incident Management includes:

a. 24 x 7 monitoring
b. Incident resolution
c. Incident Response time guarantee
d. Incident Resolution time targets

Response Time Guarantee means the time Squiz guarantees to respond to an Incident Ticket, failing which the customer may claim a Service Level Credit.

Resolution Time Target means the time Squiz aims to resolve an Incident Ticket, corresponding to the time allocated to it by priority level. Resolving an Incident Ticket includes providing a solution, which may be a workaround or a permanent solution.

Priority Level relates to the categories by which Squiz assesses the importance or urgency of an Incident and assigns it to the Incident.

Service Level means the level of Customer Care Squiz agrees to provide the Customer and the response and resolution times set out in the “Service Level Commitments” Section.

Service Credit is a credit in the Customer's local currency, calculated as set forth herein, that Squiz may credit back to an eligible Subscription Services account due to a failure to meet a Service Level.

Service Packs are discounted pre-paid bundles of time, purchased pursuant to a Customer Care agreement or independently, that are applied to the delivery of Small Enhancements or project work. Service Packs expire at the earlier of (i) their exhaustion or (ii) 12 months from the date of invoicing. A 100% premium will be applied if services provided under a Service Pack are provided at the Customer’s premises or outside Business Hours.

A list of Service Pack types can be provided upon request.

Service Request is a request for any kind of assistance not arising from an Incident

(disruption of service) that is not subject to Service Levels and may be subject to additional charges. Service Pack time will be applied for Service Requests that are not Support & Maintenance Tasks.

Small Enhancement is a request to make a small change that:

a. is not a  Maintenance & Support Task; and
b. takes less than half a day to implement, test & deploy.

Support &  Maintenance Tasks are defined in section 6 above.

Squiz means the Squiz entity specified in the Order or statement of work offering the Subscription Services.

Subscription Services means the subscriptions (including any add-ons) purchased by the Customer pursuant to an agreement, order or statement of work.

Vendor means any person or entity that supplied the software, services or hardware used with the Subscription Services.