Customer Support & System Availability

CUSTOMER SUPPORT

1. Designated Contact; Scope

A. Designated Contact. Customer shall designate a single contact (the “Designated Contact”) to request and receive support services from Elementum. Support services are requested by the Designated Contact and managed using the Elementum customer support application. Elementum shall provide instructions for use of the Elementum customer support application to the Designated Contact.

B. Scope. The scope of support services is limited to:

a. Reporting availability or performance problems with Elementum Products and related services

b. Reporting functionality issues with Elementum Products and related services

c. Response or resolution escalation as described in this document

d. Configuration of features or functionality of Elementum Products not accessible to Customer


Support services do not include:

aa. Training beyond a basic explanation of functionality and configurations of Elementum Products and related services.

bb. Assistance with platforms, services or technologies, including the use of third-party enabling technologies such as databases, computer networks or communications systems, utilized by Customer in conjunction with the implementation and use of Elementum Products and related services.

cc. Professional services, including consulting, implementation, and change management services or providing recommendations or best practices. 

Elementum is not responsible for support disruptions outside of Elementum’s control, for example, network outages.

2. Classification & Severity

Elementum shall classify support requests as follows:

a. “Issue” refers to requests regarding functionality of Elementum Products being unavailable or not working as expected

b. “Service Request” refers to requests to configure features or functionality of Elementum Products

Elementum shall assign support requests classified as “Issues” with a severity ranging from 1 (highest) to 4 (lowest).  The severity indicates the level of impact and urgency of the Issue.  Elementum utilizes the below matrix as guidance when assigning a severity to an Issue:

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3. Response & Resolution 

A. Issues

Elementum shall use commercially reasonable efforts to address support requests classified as Issues as described below: 

a. “Response” refers to the amount of time from when a support request is first received to when Elementum first responds to Customer.

b. “Resolution Target” refers to the amount of time from when a support request is first received to when the request is resolved.  For the purposes of clarity, a support request is determined to be resolved when a fix, a workaround, or other solution, in Elementum’s reasonable discretion, is provided to Customer.  Resolution does not include the time it takes for Customer to confirm the resolution or for Elementum to close the support request.

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B. Service Requests

Elementum shall use commercially reasonable efforts to address support requests classified as Service Requests. Service Requests are not classified by severity and are addressed on a first-in/first-out basis based on the date of receipt.


4. Support Hours
Elementum shall provide 24/7 basic support for SEV 1 requests (i.e., Issues). All other support requests are handled during normal US business hours, which excludes weekends, January 1st and December 25th.


5. Remote Access

Customer agrees that Elementum support personnel may, from time to time, access Customer’s account in order to resolve errors and respond to support requests.


6. Cost

Elementum shall provide the support services described in this document to the Designated Contact at no additional charge, provided Customer is current and fully paid up on all fees owed under the Agreement.

 

SYSTEM AVAILABILITY

Elementum shall aim to maintain a System Availability of 99.5% for Elementum Products as described below: 

“System Availability” shall be calculated on a monthly basis using the following formula:  (Actual Availability / Total Scheduled Availability) x 100%. 

“Actual Availability”  means the total number of hours Elementum Products were available as reported by uptime monitoring software deployed by Elementum to measure availability of Elementum Products

“Total Scheduled Availability” means the total number of available hours, calculated seven (7) days per week, twenty-four (24) hours per day, less any scheduled or emergency maintenance and any Exclusion(s). Elementum will provide the Designated Contact with reasonable advance notice of any scheduled maintenance.

“Exclusion(s)” means:

issues with a Permitted User’s equipment, systems, hardware or software not caused by Elementum Products,  or other issues not related to or caused by a malfunction or defect in Elementum Products,

use by Permitted Users of systems, hardware or software not supported by Elementum,

iii. force majeure events, as described in the Agreement, which may include issues with the Internet or Internet connections (e.g., problems with a Permitted User’s Internet service provider, modem, fiber optic, cable, or DSL connection or other connectivity issues), and/or

Customer’s (or a Permitted User’s) acts or omissions

On Customer’s written request, a report showing System Availability for the prior month shall be provided to Customer by Elementum within seven (7) business days