MotionPoint Corporation (“MotionPoint”) deploys various computer programs and other technologies (the “Applications”) through its infrastructure and platform (collectively, the “Platform”) resulting in the online delivery of certain access and services (the “Subscription Service”). The terms below (the “Support Terms”) apply to MotionPoint’s Subscription Service, and apply to you if you are receiving the Subscription Service pursuant to a valid agreement between you and MotionPoint that refers to these Support Terms (the “Agreement”).
Updates. For no additional charge, the Subscription Service includes updates, enhancements, and improvements generally made available by MotionPoint on a commercial basis to the Applications and Platform purchased pursuant to our Agreement (collectively, “Updates”). Updates do not include computer programs, technology or software products that are not purchased by you in our Agreement or that are made generally available on a commercial basis as separate, price-listed options. In addition, Updates do not include Professional Services fees that may be required for implementation.
Support. For no additional charge, the Subscription Service includes support on standard Application functionality and Application defects as described in these Support Terms (the “Support Services”). It does not include the provision of customization advice, consulting or Professional Services. It also does not include support for problems arising from: failure of your or a third-party’s server hardware or equipment; failure of your or a third-party’s telecommunications or internet hardware or equipment; failure resulting from errors made by your systems or systems administrator; failures or issues arising from third-party services or products; or any failures or issues arising from issues outside of MotionPoint’s reasonable control. If you deploy our Subscription Services in conjunction with any other software products or applications (including web servers, browsers, databases, or operating systems), MotionPoint is not responsible for providing support or guidance for these other products or applications or for ensuring correct interoperation with these products or applications. In addition, you must provide network access to your systems, as well as internal access for your personnel to access Work Product, as required for MotionPoint to provide the services described in an Order.
Scope of Support. We will provide you with support for the most recent version or release of our Applications. For any new version or release, we will also provide you with support for the immediately prior version of our Applications until our designated “end-of-life” date for that prior version (the “End-of-Life Date”). If you are hosting any of our Applications pursuant to our Agreement, you must upgrade such Applications to the most recent version before the End-of-Life Date.
Support Hours. MotionPoint will use commercially reasonable efforts to provide Support Services through MotionPoint’s ticketing system 24 hours per day, 7 days per week.
Submitting Support Requests. To receive Support Services, you must report, log and track Application functionality issues or Application defects through MotionPoint’s ticketing system and receive an incident tracking number (an “ITN”). The ITN will stay open until the issue is resolved.
Issue/Defect Resolution. When MotionPoint receives a request through its ticketing system, it will categorize the request and use commercially reasonable efforts to deliver a solution or action plan to correct the functionality issue or defect based on the category of the request as shown in the chart below:
Severity 1: Emergency
An issue or defect rendering Subscription Services unusable, including total system failure, data loss, and data corruption
Within 2 hours of an ITN, during business hours
Within 4 hours of an ITN, during non-business hours or holidays
Severity 2: Limitation
An issue or defect rendering partially restricting use of the Subscription Services.
Within 12 hours of an ITN, during business hours
Within 24 hours of an ITN, during non-business hours or holidays
Severity 3: Minor Defect
An issue or defect resulting in one or more functions not operating optimally, but where impact on functionality and/or usability is minor; or where the issue is cosmetic.
As mutually agreed
Availability. MotionPoint will use commercially reasonable efforts to make Subscription Services available to you 99.9% of the time, 7 days a week, 24 hours per day, except for unavailability caused by our scheduled or emergency maintenance, your website(s) or applications, third-party software or applications, or any other services, equipment, functionality, issues or matters outside of MotionPoint’s control (“Availability”). Availability will be calculated by MotionPoint monthly as follows: (total minutes in month – total minutes of Downtime in month)/total minutes in month. If Availability is not met, then as your sole and exclusive remedy, your monthly Subscription Service fee will be reduced in the following month by the applicable percentage below:
Availability of 99.9% or higher (Less than 44 minutes of Downtime)
Availability of 99.0% – 99.8% (Between 45 and 432 minutes of Downtime)
Availability of 98.0% – 98.9% (Between 433 and 864 minutes of Downtime)
Availability of 95.0% – 97.9% (Between 865 and 2160 minutes of Downtime)
Availability of 90.0% – 94.9% (Between 2161 and 4320 minutes of Downtime)
Availability of 75.0% – 89.9% (Between 4321 and 10,800 minutes of Downtime)
Availability of less than 75.0% (more than 10,800 minutes of Downtime)