Service levels and support
1. You must promptly notify us of any faults in relation to the Platform. We will provide support and/or maintenance services to rectify the faults (“Support Services”).
2. We regularly update and carry out scheduled maintenance of the Platform, so we may suspend access to, or functionality on, the Platform from time to time (“Scheduled Maintenance”). We will notify you of any Scheduled Maintenance that may interrupt the Platform.
3. During the Term, we will:
- supply you with the Support Services in accordance with the applicable fault/issue severity (articulated as Priority 1-4);
- Supply you with the Support Services delivered only in English; and
- use reasonable endeavours to meet the Service Levels (outside of any Scheduled Maintenance) specified at https://potential.withyouwithme.com/support.
4. Support Services are provided via telephone, email and web portal. Immediate (“live”) Support will be delivered by a member of our technical support team during the regional hours of operation listed in the Service Levels page of the website. If faults or issues arise outside the specified hours of operation (specifically Priority 1-2), you may contact us via any means available to you. For verified Priority 1 faults, we will endeavour to meet the specified Service Levels, irrespective of business hours. Should you report a purported defect in the Platform, we may require you to provide the following information:
- a general description of the operating environment;
- a list of all hardware components, operating systems and networks;
- a reproducible test case; and
- any log files, trace and systems files.
5. Your failure to provide this information may prevent WYWM from identifying and rectifying that purported defect, thus absolving WYWM of any obligation to meet the specified Service Levels.
6. Should WYWM in its sole judgment determine that there is a defect in the Platform, it will, at its sole discretion, either repair that defect in the version of the Platform that you are currently using, or provide a workaround, whichever it in its sole judgment determines to be more effective.
7. If we fail to meet any Service Levels, your sole and exclusive remedy is to claim a Service Credit. We have no obligation to meet the Service Levels if any undisputed invoice is overdue for payment or if your account is suspended for any reason in accordance with this agreement.
8. The Support Services do not include, and we are not responsible for the following “Client-Generated Errors”:
- failure by you to use the Platform on computer equipment that meets any minimum requirements specified by us;
- improper use or misuse of the Platform, including failure to adhere to any written or verbal operating instructions or procedures provided to you by us;
- maintenance, alteration or modification made to the Platform by any person other than us (unless we have expressly authorised such maintenance);
- a malfunction of your hardware, computer programs, or any other cause within your control, which results in the Platform becoming defective; or
- components outside our network, circumstances beyond our reasonable control or for Scheduled Maintenance.
9. If we determine that support for an issue has been caused by a Client-Generated Error, we will notify you as soon as reasonably possible under the circumstances. If you agree that we should provide support for the Client-Generated Error via a confirming email, then we will have the right to invoice you at appropriate time and materials rates for any such support provided.