MAINTENANCE & SUPPORT SERVICE
[Last updated - February 12, 2023]
These Maintenance & Support Terms & Conditions (the “SLA”) are incorporated by reference into and governed by the Open Web Publisher Services Terms and Conditions appearing under the Insertion Order or the Master Service Agreement entered between Open Web Technologies Ltd. (“Open Web”) and the publisher therein (the “Publisher”), as applicable.
Open Web may update this SLA from time to time, in its reasonable discretion, with or without notice, provided that any such changes shall not materially and adversely affect the Services.
- Severity Levels
Resolution Process: OpenWeb will use diligent efforts to address Cases in accordance with the below Service Level Agreement. The final classification of the priority level for the Licensed Software Error will be determined by OpenWeb.
|Severity Level||Response Time (During business hours)||Response Time (During non-business hours)|
|“Severity 1” - Critical||Within 2 hours||Within 4 hours|
|“Severity 2” - Significant||Within 4 hours||By next workday + 4 hours|
|“Severity 3” - Normal||Within 2 workdays||Within 2 workdays|
|“Severity 4” - Low||Within 3 workdays||Within 3 workdays|
- Target Resolution Time
|Severity Level||Resolution target|
|“Severity 1” - Critical||OpenWeb will make diligent efforts to remedy within next business day or issue an interim partner acceptable workaround within that timeframe.|
|“Severity2” - Significant||OpenWeb will make diligent efforts to remedy within the next 3 business days or issue an interim partner acceptable workaround within that timeframe.|
|“Severity 3” - Normal||Requests are reviewed by OpenWeb before each major or minor release.|
|“Severity 4” - Low||Requests are reviewed by OpenWeb before each major or minor release.|
The Open Web team will use commercially reasonable efforts to meet the following resolution targets:
- Service & Communication Requests
All support requests will be managed using the OpenWeb support module. The support team will use commercially reasonable efforts to respond by e-mail to every query and request. partners can contact the OpenWeb support team via the following methods:
- New case form - by email to: firstname.lastname@example.org
- Ongoing Support by email to: email@example.com
- Mutual Slack channel
- Support working hours:
The OpenWeb support team will be available by telephone 24 hours per day, each day of the week for Severity 1 and Severity 2 cases. For all other cases, the OpenWeb support team will be available during Business Hours - from 9am (EST) to 5pm (EST), Mon-Fri, excluding national holidays.
- Case Documentation Pre-requisites
The OpenWeb shall use commercially reasonable efforts to ensure that the services will achieve a 99.9% Uptime during each calendar month (a “Period”), 24 hours per day, seven days every week. “Uptime” shall equal (a) the difference between total minutes in a Period, excluding Scheduled Maintenance (“Total Time”), and minutes that the OpenWeb is not available for use (i.e. Priority 1, as defined above), excluding customary and reasonable Scheduled Maintenance (“Down Time”), divided by (b) Total Time.
FORCE MAJEURE: OpenWeb shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond OpenWeb's reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, delay in delivery by OpenWeb's vendors, service providers, fire, flood, accident, strikes, inability to secure transportation, facilities, labor or materials.
LIMITATION OF LIABILITY: OPENWEB'S SOLE LIABILITY SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. IN NO EVENT SHALL OPENWEB HAVE ANY LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR SPECULATIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF GOODWILL, AND LOSS OF PROFITS, IRRESPECTIVE OF WHETHER OPENWEB HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR COULD HAVE ANTICIPATED THEM. NOTWITHSTANDING THE FOREGOING, OPENWEB'S TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR THE SUPPORT SERVICES. OPENWEB SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, CORRUPTION, OR DAMAGE, HOWEVER OCCURRING, TO SUCH SOFTWARE APPLICATIONS OR STORED DATA IN CONNECTION WITH THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT.