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These support terms (“Support Terms”) describe MotionPoint’s (“we”, “our”) support services that are provided to active customers as part of the Services (“Support Services”). Capitalized terms used in these support terms that are not defined in these Support Terms have the same meaning(s) as used in the master agreement you have with MotionPoint.

  1. Scope of Support Services. Standard Support Services provide customers with all that is necessary to leverage MotionPoint’s managed translation services. Support Services include on-call access to pooled technical and translation teams via MotionPoint’s ticketing system found at https://support.motionpoint.com (“MotionPortal”), and standard reporting data accessed via MotionPoint’s Control Center at https://control.motionpoint.com (“Control Center”). In addition to receiving standard Support Services, customers who purchase a Beyond Words 24/7 Support Service subscription (also known as “Premium Support Services”) receive premium reporting dashboards, dedicated technical and translation teams, and priority ticket routing for faster response time.
  2. Support Services include support of MotionPoint’s technology functionality, processing of requests submitted by customers, and resolution of defects as described in these Support Terms. MotionPoint will provide you with support for the most recent version or release of our proxy technology (“Technology). In the event of any new version or release of our Technology, we will provide support for the immediate-previous version of the Technology until its designated “end-of-life” date (which MotionPoint will communicate to you at least 60 days in advance). MotionPoint’s obligations to perform Support Services are contingent upon customer allowing MotionPoint, as needed, to install updates and to access (either remotely or otherwise) computer systems, software, and data.

  3. Submitting a Ticket for Support Services. Access to the MotionPortal ticketing system and Control Center are available to all customers 24/7/365. To receive Support Services, you must submit your requests through MotionPortal. If MotionPortal is unavailable for any reason and you are experiencing a Critical severity issue (as defined below), you may use our backup emergency Support Team Hotline to open a ticket: (877) 472-6110 (domestic) or (757) 278-0437 (international).
  4. After submitting a ticket, a ticket’s severity will be determined based on the following criteria:

    Severity Level Category Criteria

    Critical

    This category is intended for issues that have a severe, measurable, negative impact on the customer’s business operations or the defect renders MotionPoint technology widely unusable. The Critical category represents the highest level of urgency and requires immediate attention from MotionPoint. Examples of Critical issues may include a complete system outage, or critical functionality not working. You will not be billed for Support Services unless the issue is determined to not be as a result of a MotionPoint proxy service defect.

    Express (Rush)

    The Express severity level is specifically designed for customers who require urgent attention and are willing to pay a premium for prioritized service. This category is intended for issues that impact the customer’s business operations but do not render services completely unusable. By selecting the Express severity level, customers can expect expedited response times and prioritized resolution handling, in exchange for an additional Express charge. Examples of issues suitable for the Express category may include time-sensitive configurations, urgent translation requests, or functionality updates that need immediate attention.

    Standard

    The Standard severity level is for non-urgent issues that do not critically impact the customer’s business operations. These issues may involve general customizations or translation requests, questions or inquiries, or requests for assistance that do not require immediate attention. The Standard category represents a lower priority compared to Critical and Express issues.


    Upon submitting a ticket, you will receive an incident ticket number (an “ITN”). Please refer to your ITN in all communications (including e-mail and telephone) associated with your ticket. Your ticket will stay open until the issue is resolved; provided that MotionPoint may close a ticket where a customer has been non-responsive for more than 5 business days.

  5. MotionPoint May Submit Tickets on Your Behalf. When MotionPoint detects a functionality, misalignment, or translation issue impacting your translated site, MotionPoint will generate a Critical or Standard ticket to troubleshoot the issue. You will not be billed for Support Services unless the issue is determined to not be as a result of a MotionPoint proxy service defect.
  6. Response Times and Initial Diagnosis. When MotionPoint receives a ticket through MotionPortal, MotionPoint will use commercially reasonable efforts to deliver a solution or action plan to resolve the ticket within the timeframe that is communicated to you by MotionPoint after first diagnosing the issue. MotionPoint reserves the right to review and verify all tickets classified by a customer as Critical. If MotionPoint determines in its reasonable discretion that an initial ticket designation of ‘Critical’ does not meet the criteria of a ‘Critical’ ticket (as defined above), MotionPoint may, at its election: (a) downgrade the ticket severity level to the appropriate category or (b) charge you up to 250% of your contracted professional services rate to process the ticket as a critical ticket.
  7. As long as you have submitted your request via ticket, MotionPoint will use commercially reasonable efforts to provide Support Services in accordance with the following response times and live support availability below:

     

    Severity Category

    Standard Support Services

    Premium Support Services

    Response Times

    Critical

    < 2 hours, 24/7/365

    < 30 Minutes, 24/7/365

    Express/Rush

    < 2 hours, Business Hours

    < 1 hour, 24/7/365

    Standard

    < 2 Business days

    < 1 Business Day

    Business Hours

    7am-7pm Eastern Time, Monday-Friday, excluding all U.S. federal holidays

    Critical, Express/Rush, and all requests made during non-Business Hours may be subject to additional fees above your contracted professional service rate.


  8. ‘Express’ Translation Requests. After new content is queued for translation, MotionPoint generally turns around translation in one (1) business day (though turnaround times may vary based on volume and throughput). For an additional fee, a customer may request expedited, ‘express’ translation turnaround. ‘Express’ pricing includes:
  9. Express Requests Translation Turnaround Time Express Fees

    Per translatable word

    At least 500 words will be translated within 4 hours

    2.5x of contracted price per word

    Per translatable image

    At least 12 images will be translated within 4 hours

    1.8x of contracted price per image

    Document / Multimedia formatting

    A least 5 pages will be formatted by the end of second business day

    2.5x of contracted rate

    Professional Service fees

    N/A

    1.8x of contracted professional services rate


  10. Support Limitations. Support Services do not include the provision of customization advice, consulting, or any resulting Professional Services. It also does not include support for problems arising from: (a) failure of your or a third-party’s server hardware or equipment; (b) failure resulting from errors made by your systems, systems configuration, or systems administrator; or (c) failures or issues arising from third-party services or products. If you deploy our 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. MotionPoint has no obligation to host or support any Technology after its “end-of-life” date, and you must upgrade applicable Technology to the most recent version before this date.
  11. Availability of Proxy Services. MotionPoint will use commercially reasonable efforts to make its proxy technology 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 Monthly Credit

Availability of 99.9% or higher (Less than 44 minutes of Downtime)

No Credit

Availability of 99.0% – 99.8% (Between 45 and 432 minutes of Downtime)

1%

Availability of 98.0% – 98.9% (Between 433 and 864 minutes of Downtime)        

2%

Availability of 95.0% – 97.9% (Between 865 and 2160 minutes of Downtime)      

10%

Availability of 90.0% – 94.9% (Between 2161 and 4320 minutes of Downtime)    

25%

Availability of 75.0% – 89.9% (Between 4321 and 10,800 minutes of Downtime)

50%

Availability of less than 75.0% (more than 10,800 minutes of Downtime)

100%


“Downtime” means those periods of time during which MotionPoint’s proxy technology is unavailable to a material number of Internet users, except where unavailability is due to: (i) the unavailability of your site/origin content, (ii) the acts or omissions of you or your employees, agents or third-party contractors, (iii) the inability to correct failures where your aid is necessary but you and/or your employees or agents are inaccessible; (iv) a Force Majeure Event, (v) scheduled or emergency maintenance, (vi) network outages or equipment failure outside of MotionPoint’s reasonable control, and (vii) cybercrime, such as denial of service attacks.

 

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