This Support Policy (this “Policy”) describes the support obligations of Orkes, Inc., a Delaware Corporation (“Orkes”) for each customer (“Customer,” and together with Orkes, the “Parties,” and each, a “Party”) who has entered into and are party to that certain Orkes Cloud Services Agreement (“Cloud Services Agreement”) and who have purchased support services in connection with the Cloud Services Agreement. Capitalized terms not defined in this Policy have the meaning set forth in the Cloud Services Agreement.
Article 1: Support Services
Support Services. Orkes offers the support services (“Support Services”) described in this Policy.
Support Services Channels. Orkes shall provide the Support Services through its online support portal (“Support Portal”). Following submission of a Support Ticket (defined below), Orkes will communicate with Customer using email, the Support Portal, or video conferencing. Any necessary telephone support discussions will be scheduled in advance at a time mutually agreed by the parties and for durations and at a frequency that is commercially reasonable for Orkes. Support Services will be provided in English. For the purposes of this Policy, “Support Ticket” means a technical issue affecting Customer’s ability to utilize or access the Services, as further described in Section 1.3.
Services Performance. If during any full calendar month of the term of the Cloud Services Agreement, the Percentage Uptime described above in Section 1.1 is lower than 99.9% (with respect to Plan A) or 99.0% (with respect to Plan B), and Customer notifies Orkes in writing about such failure within three (3) days following the occurrence of such failure, Orkes shall provide Customer with a service credit in accordance with the applicable Service Credit Percentage (%) set forth in the applicable table, below, in accordance with the SLA plan purchased by Customer. The service credit shall be calculated against monthly fees for the Service (as applicable) and shall be used to offset future Service fees (as applicable).
1. During the submission process, Customer may suggest a Support Ticket Classification for a Support Ticket. Orkes will review Customer’s suggested Support Ticket Classification and respond in accordance with the applicable Support Response Expectation Table (defined below). However, Orkes may re-assign the Support Ticket Classification Level in its sole discretion if it believes another designation is more accurate based on the definitions specified in this Policy. Orkes will notify Customer of such a change in its response to the support request.
2. Orkes will provide a written notice of receipt of the Support Ticket report by email. Orkes will execute the following in accordance with the Support Response Expectation Table, below:
3. Orkes will use reasonable efforts to respond to reported Incidents during the response times set forth in the Support Response Expectation Table, below. Customer understands and agrees that resolution of a Support Ticket is not guaranteed and may not occur.
Orkes will use commercially reasonable efforts to provide the “Basic” Support Response Plan to Customers during a Free Trial period.
Article 3: Customer Responsibilities
4. Orkes’ obligation to provide Support Services is conditioned upon Customer satisfying the following responsibilities with respect to each Support Ticket: (a) Customer making reasonable efforts to resolve the Support Ticket before reporting the Support Ticket to Orkes, including having the Support Ticket reviewed by the personnel of Customer who submits the Support Ticket; (b) Customer has provided Orkes with sufficient information, including any reproducible test cases requested by Orkes; and (C) (for P1 and P2 Incidents) Customer has designated personnel resources to provide necessary diagnostic information until a fix or workaround is made available.
5. Notwithstanding anything to the contrary in this Policy or the Cloud Services Agreement, Orkes is not obligated to address a Support Ticket when: (a) the Support Ticket is caused by Customer’s negligence, hardware malfunction, network latency or causes beyond the reasonable control of Orkes; (b) the Support Ticket is caused by third party software not managed by Orkes as part of the Services; (c) the Support Ticket is caused by Customer’s use of the Services with clients or web browsers other than those expressly designated by Orkes in writing; (d) the Support Ticket is caused by the Customer Cloud or any changes to or deviations from the Orkes-Specified Cloud Settings; (e) Customer has not paid the Services or Support Services fees when due; or (f) the Support Ticket stems from Customer's use of Orkes Developer Tier.
Article 5: Changes to Support Services
6. This Policy may be updated from time to time at Orkes’ sole discretion, provided that any such updates will not materially reduce the level of Support Services during the period for which Customer has purchased Support Services.
