This Service Level Agreement (“SLA”) governs your (“Customer”) use of Avatria, Inc. (“Avatria”) Services under the Terms of Services Agreement (“Agreement”) entered into between Avatria and Customer.
Avatria will use commercially reasonable efforts to provide the Services set forth in the Agreement and shall further provide support and response times in relation to the Services as further set forth herein. Customer is entitled to the support services based on the applicable subscription plan chosen in relation to the Services (excluding any free trial) and the options are as follows:
SLA Response Times
In the event of an issue with the Services, Customer shall notify Avatria through its online ticketing system and shall choose the severity level as set forth herein and Avatria shall use commercially reasonable efforts to provide a response within the timeframes set forth below. For purposes of this SLA, a “response” shall mean when Customer’s ticket has been assigned to an agent of Avatria for additional investigation and such agent has responded to the Customer. Avatria, in its sole and absolute discretion, shall have the right to change the severity level once Avatria has more information about the relevant issue.
Email Support. In the event Customer chooses a subscription level with email support, Avatria shall provide a response time to issues in accordance with the following timeframes:
|Severity Level||Response Time*|
|1||4 business hours|
|2||End of next business day|
|3||2 business days|
|4||3 business days|
Severity Descriptions. The following is a severity description used to determine the severity levels:
|Severity Level||Severity Description|
|Severity 1 (Critical)||
|Severity 2 (High Non-Critical)||
|Severity 3 (Medium)||
|Severity 4 (Low)||
Additionally, four (4) hours on the first Sunday of every month are reserved for system maintenance, and a two (2) hour weekly window is reserved for regular maintenance, and Avatria will provide Customer with prior notification through its knowledge-based documents available through the Services.
Unless otherwise agreed to in writing by Avatria, the support levels shall not apply if the cause of such issue is arising out of and/or related to: (a) maintenance and/or support of a product and/or software which has been modified and/or repaired by someone other than Avatria; (b) repair of damage caused by someone other than Avatria; (c) maintenance and/or support resulting from use of the product and/or software for a purpose other than the purposes for which it is authorized; (d) issues that are caused by factors outside of Avatria’s reasonable control, including without limitation, any force majeure event, uptime related to the analytics platform or internet access and/or related problems; (e) Avatria’s suspension or termination of Customer’s right to use the Services in accordance with the terms and conditions of the agreement between Customer and Avatria; (f) Customer modifying its analytics tagging; (g) Customer switching to a different ecommerce system; (h) Customer incorrectly or improperly using the Services; and/or (i) backing up and/or restoring programs and/or data. Notwithstanding anything herein to the contrary, this SLA shall not apply to Services provided during Customer’s free trial period.