Act-On Support Terms

Act-On shall provide technical support services (“Support Services”) in accordance with these terms (“Support Terms”) which may be modified by Act-On from time to time. Act-On will provide Customer with Support Services for (i) the use and operation of the Services; and (ii) suspected Errors in the Services. “Errors” means the failure of a Services feature to operate in material conformance with the applicable Documentation.

1. Hours

Act-On makes Support Services available 24 hours per day, Monday to Friday, for all Act-On customers. Support Services are not available on Thanksgiving, the day after Thanksgiving, Christmas Day, New Year’s Day, and Independence Day. The hours during which Support Services will be available are the “Business Hours”.

2. Contact Methods and Requirements

Support requests may be made via email (support@act-on.net), in-application ticket submission and by telephone. Customer agrees to provide Act-On with all information and materials reasonably requested by Act-On for use in replicating, diagnosing and correcting an Error or other support issue with the Services reported by Customer. Customer acknowledges that Act-On’s ability to provide satisfactory Support Services is dependent on Act-On having the information necessary to replicate the reported problem with the Solution. In submitting a service request (each individual request being a “Service Request”) to Act-On, Customer will send a complete and accurate report that includes (a) Customer name and on-site technical contact information; (b) a reasonably detailed description of the request, together with any supporting information that Customer’s engineers believe will assist Act-On in its diagnostic process; (c) any error message(s) or other message(s) generated by the system in association with the request; (d) any applicable trace files and/or logs; (e) a test case or instructions necessary to demonstrate the request; (f) identification of any additional information (such as dumps, logs, etc.) that are, or can be made, available; and (g) the date and time that the Service Request is submitted to Act-On.

3. Categorization and Response Times

Act-On will determine the appropriate category of the issue upon receipt of Support Request from the Customer; however escalation requests can be made in writing in response to Act-On’s initial recognition of receipt of the Service Request.

Categories:

Category 1 – High:  An issue that has significant to critical business impact on a production system, resulting in Customer’s production system being either down, or functioning at a significantly reduced capacity when taken as a whole.

Category 2 – Medium:  An issue that has some business impact on a production system, resulting in some functionality loss on Customer’s production system. The Solution is generally usable, but does not provide a function in the most convenient or expeditious manner.

Category 3 – Low:  An issue that has nonproduction questions including general usage questions, issues related to a non-production environment, or feature requests. There is no impact on the quality, performance or functionality on Customer’s production system.

Response Times: If a Service Request is submitted to Act-On, Act-On shall comply with the response times set forth below based on the severity level of the particular request.

Category Initial Response Target Resolution Process
Category 1 – High 4 Business Hours Act-On will use commercially reasonable efforts to resolve Category 1 faults as soon as possible. To achieve this, Act-On will work 24x7x365 until resolution. The resolution will be delivered to Customer as a work-around or as an emergency software fix. Upon Act-On’s delivery of an acceptable work-around or to the extent Customer is not able to assist with the resolution of the case, Act-On reserves the right to reclassify the severity level.
Category 2 – Medium 8 Business Hours Act-On will use commercially reasonable efforts to resolve Category 2 faults in the next update of the Solution. If Act-On determines, in its sole discretion, that the requirement is unique to Customer’s operations, Act-On reserves the right to reclassify the severity level.
Category 3 – Low 24 Business Hours If appropriate a timeframe will be provided.

Once an issue has been reported Act-On will use reasonable efforts to provide a confirmation of receipt of the request.

Email Sending Compliance

Act-On is not obligated to provide Support Services for Errors or problems caused by the following (each, an “Excluded Cause”): (a) third-party components not provided by Act-On or contemplated within the Documentation; (b) any modifications to the Services; and (c) use of the Services other than as described in the Documentation.