PRODUCTS
Plan
Double your ability to beat target
Operate
Run your Sales org with Kluster
Forecast
World class forecasting
Board Report
Drive board effectiveness
SOLUTIONS
RESOURCES
COMPANY
Product
Solutions
Resources
Company
This Service Level Agreement sets out the support services and Service Levels applicable to Kluster’s provision of the Services, and forms part of ‘this Agreement’ as defined in the Kluster Terms of Service.
All initial capitalised terms in this Service Level Agreement shall have the meaning given to them in the Kluster Terms of Service, unless otherwise defined below. The following definitions and rules of interpretation apply in this Service Level Agreement.
Commercially Reasonable Efforts: the same degree of priority and diligence with which Kluster meets the support needs of its other similar customers.
Fault: any failure of the Services to operate in all material respects in accordance with the Product Description.
Help Desk Support: any support provided by help desk technicians sufficiently qualified and experienced to identify and resolve most support issues relating to the Service.
Out-of-scope Services: any services provided by Kluster in connection with any apparent problem regarding the Service reasonably determined by Kluster not to have been caused by a Fault, but rather by a Customer Cause or a cause outside Kluster's control (including any investigational work resulting in such a determination).
Solution: either of the following outcomes: (a) correction of a Fault; or (b) a workaround in relation to a Fault (including a reversal of any changes to the Service if deemed appropriate by Kluster) that is reasonably acceptable to the Customer.
Support Hours: 9am to 8pm UK time on Business Days.
Support Request: request made by the Customer in accordance with this schedule for support in relation to the Service, including correction of a Fault.
In the event of support being required, the Customer may log a support request.Each request shall include a description of the problem and the start time of the incident. All Kluster support shall be provided from Kluster's office.
The Customer shall provide Kluster with prompt notice of any Faults; and any information and assistance which enables a quick resolution.
Kluster shall prioritise all support requests based on its reasonable assessment of the severity level of the problem reported; and use Commercially Reasonable Efforts to respond to all requests as specified below.
Business Critical: An error or failure within the Service that materially impacts the Customer's ability to use the Service.
Level 1 Response: Acknowledgment of receipt of a support request within 60 minutes.
Level 2 Response: Restore the Service to a state that allows the Customer to continue to use all functions of the Service in all material respects within 12 hours after the Level 1 Response time has elapsed; and exercise Commercially Reasonable Efforts until full restoration of function is provided.
Level 3 Response: Work on the problem continuously and implement a Solution within 48 hours of receipt of the support request. If Kluster delivers a solution byway of a workaround reasonably acceptable to the Customer, the severity level assessment shall reduce to a severity level 2 or lower.
System Defect with Workaround: A critical error in the Service for which a workaround exists; or a non-critical error in the Service that affects the Customer’s use of the Service.
Level 1 Response: Acknowledgment of receipt of a support request within 2 hours.
Level 2 Response: Kluster shall, within 7 Business Days after the Level 1 Response time has elapsed, provide: (a) an emergency Service fix or workaround, or; (b)temporary release or update release, which allows the Customer to continue to use all functions of the Service in all material respects.
Level 3 Response: Kluster shall provide a permanent fault correction as soon as practicable and no later than 14 business days after Kluster’s receipt of the support request.
Minor Error: An isolated or minor error in the Service that: does not significantly affect Service functionality; may disable only certain non-essential functions; or does not materially impact the Customer's use of the Service.
Level 1 Response: Acknowledgment of receipt of the support request within 8 hours.
Level 2 Response: Kluster shall provide a permanent fault correction within 28 business days after the Level 1 Response time has elapsed.
Note:all time periods specified in the above table are within Support Hours only.
Kluster will use Commercially Reasonable Efforts to make the Service accessible 99.5%of the time. In the event Kluster does not meet this goal in a given calendar month, the Customer will be eligible to receive a service credit as described below.
The calculation of uptime is the percentage of continuous 5-minute periods during the calendar month in which the Service is unavailable, subtracted from 100%.
In the event Kluster does not provide a workaround or solution to a failure or defect within the response times defined above (except in circumstances involving a Customer Cause), the Customer shall be eligible to a Service Credit equal to pro-rata value of business days beyond the response time in which the Customer has been impacted. In the event Kluster do not meet their uptime goal as described above, the Customer shall be eligible to a Service Credit of the value of 10% of that month’s Subscription Fees. Service Credits are issued to the Customer’s account for future use only. No refunds or cash value shall be provided. Service Credits are capped at 20% of annual billings. Service Credits are the Customer’s sole remedy for any failure of Kluster to provide the Services in accordance with this Service Level Agreement.
Kluster reserves the right to charge for Out-of-Scope Services at its then-applicable standard rates.