Managed Services & Support Agreement

1. Introduction

This Managed Services & Support Agreement describes the Support Squiz will provide a Customer during a Subscription Period.  Further terms and details including package type are detailed in the Order. Capitalized words not defined in this agreement will have the same meaning ascribed in the Subscription Agreement.

Incident Support is provided as part of each Subscription Agreement between Squiz and a Customer subject to the Customer’s payment of fees for the Subscription Service.

Service Request Support is provided if specified in an Order and is subject to the Customer’s payment of fees as set out in the Order.

This agreement only applies where Squiz is the hosting provider.

2. How can I access Support?

The Customer can access Support by:

• logging a request in the Squiz Customer Portal (https://my.squiz.net/)
• telephoning the Customer Support Hotline, details can be found here https://www.squiz.net/contact)
• accessing the Help Center to view forums, e-learning courses, product guides and release notes.

Each request logged should be about one Support issue. If more than one Support issue is raised in a request, Squiz will separate the issues and treat each issue as a separate request for Support.

3. How do I know if I need to log an Incident Ticket or a Service Request?

An Incident Ticket should be logged if there is any interruption or disruption to your Subscription Service, for example, if you cannot use your Subscription Service for a period of time.

A Service Request should be logged when your use of the Subscription Service has not been hampered but you want to request a modification to the Subscription Service.
Please also see how these terms are defined in the Definitions section of this agreement.
If you log a ticket incorrectly, Squiz will let you know.

Support includes simple fixtures and minor enhancements to existing functionality and does not include large system changes and complex pieces of work that require scheduling across multiple resources.

4. Add-On Service

In addition to the Support, Squiz offers add-on Services for a fee.

Add-on services include but are not limited to:

• Service Delivery Manager services;
• Special Event Support (Hypercare);
• Audits and drills;
• Custom requirements;
• Instructor-led training and training needs analysis and
  Consultation and staff augmentation services.

A list of add-on services can be made available on request.

5. Service Level Commitments

This section sets out Service Level Commitments (Response and Resolution Time) and the Priority Levels for Support.

The Priority Level assigned to an Incident will be determined by Squiz based on the information provided by the Customer, Squiz’s assessment of the Incident and the impact on the Customer.

The Response Time Guarantee can only be met if the Incident Ticket contains the minimum information Squiz requires to action 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 once received. Calculation of the Response Time Guarantee will commence when Squiz has sufficient information to action the Incident.

Squiz’s response to Incidents will be commensurate with the Priority Level assigned to the Incident.

Squiz will endeavor to work as efficiently as possible to resolve Incidents or provide a workaround.

The Response Times Guarantee will be deemed void if:

• the Customer does not permit Squiz to access the Applicable Environment remotely; or
• Authorized Support Contacts cannot be contacted.

Upon resolution of 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. Service Credits

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.

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:

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

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

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

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.

Service Credits are not payable for resolution of Service Requests.

An accepted Service Credit is a percentage of the annual Subscription fee calculated on a monthly basis 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.

7. Customer Obligations

To be entitled to Support, the Customer must:

• ensure that all Authorized Support Contacts:: 
  • have attended any training required by the Customer and training provided by Squiz;
  • can assist Squiz in analyzing and resolving any issue;
  • understand that Squiz must be able to reproduce any errors to be able to solve them;
  • have a basic understanding of any issue the subject of an Incident, and the ability to reproduce the problem to assist Squiz in diagnosing and triaging the Incident.
• Oversee the Customer’s Incident Ticket activity and act under Squiz’s instructions to resolve Incident Tickets.
• Continuously maintain and update their environment as the Vendor recommends to maintain system stability.
• 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.
• Approve payment for any add-on services to be provided by Squiz.
• Submit and/or approve any account-level requested changes/updates.

As soon as practicable, the Customer will advise Squiz of any changes to its authorized Support Contacts. Until it is advised of a change, Squiz will treat all known Authorized Support 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 Support Contact.

8. Squiz Support obligations

Squiz will provide the Customer with Support for Subscription Services according to the terms of this agreement and the Subscription Agreement.

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

Unless otherwise agreed, Support can be accessed by the Customer 24/7, however, only Incident Support is provided 24/7.

9. Exclusions

Squiz is not obliged to provide Support to the extent an Incident arises from:

• misuse or unauthorized modifications to the Subscription Services;
• Third-Party Platforms or other third-party systems;
• trials and betas or other free or evaluation use; or
• professional services deliverables.

10. Language

All Support is provided in English.

Support in other languages may be provided subject to a prior arrangement.

11. Fair Use Policy

If the Customer’s requests exceed the parameters set out in an Order, Squiz’s Fair Use Policy will apply.

12. Changes to Support

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

13. Definitions

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

Applicable Environments means the Subscription Services and the instance where either Support is needed or an incident occurred. (example: Production Sites, UAT Sites)

Authorized Support Contacts means users the Customer identifies as primary liaisons with Squiz for Support.

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

Customer Portal means the staffed support portal Squiz provides to support Customer’s Authorized Support 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 reasonable control of the delayed party.

Incident means a disruption or interruption of the Subscription Services.

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

Response Time Guarantee means the time Squiz guarantees to respond to an Incident Ticket failing which a Service Level Credit may be claimed by the Customer.

Resolution Time Target means the time Squiz aims to resolve an Incident Ticket corresponding with the time allocated to the Incident Ticket by priority level. Resolving an Incident Ticket includes providing a solution that 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 to the Incident.

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

Service Credit is a credit in the local currency of the Customer, 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 Request is a request for any kind of assistance not arising from an Incident (disruption of service) that is not subject to Service Levels, only provided if specified in the Customer’s Order and may be subject to additional charges.

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.

Support 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.

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