Service Level Agreement (SLA)

This Service Level Agreement (SLA) supplements the Master SaaS Agreement (SaaS Agreement) or Whatfix Terms of Service (Terms), as applicable. Together, such documents and others referred to in the Agreement, form a binding agreement (the Agreement) between Whatfix and the Customer. Unless otherwise provided here, this SLA is subject to the terms. The capitalized terms will have the meaning specified in the SaaS Agreement, as applicable.

The following describes the support services (“Support Services”) Whatfix will provide to the Customer, as stated in the Order Form. If nothing is stated in the Order Form, Whatfix will provide Standard support to the extent the Customer has opted and paid for the subscription to the SaaS offering.

1) Service Commitment

During the Term of the Agreement, the Software will be fully functional and have internet access on a 24x7x365 basis, except for Scheduled Maintenance Periods and provide a Monthly Uptime Percentage to Customers of at least 99.9% excluding Scheduled Downtime (“Availability”). The Customer may access the status page to get periodic updates at any time.

2) Service Credit

The customer shall be entitled to a Service Credit as follows:

• If Availability is at least 99.9%, no credit is awarded
• If Availability is 95% to 99.89%, the Customer will receive a service credit equal to 2% of the annual Subscription Fee for that month
• If Availability is 91% to 94.9%, the Customer will receive a service credit equal to 5% of the annual Subscription Fee for that month
• If Availability is less than 90.9%, the Customer will receive a service credit equal to 20.0% of the annual Subscription Fee for that month.

Any Customer request for a credit that Customer is entitled to under this SLA may only be made on a calendar monthly basis and must be submitted in writing within 10 days after the end of the relevant calendar month or shall be deemed to have been waived by Customer. For those periods at the end of a Subscription Term that do not coincide with the end of a calendar month, the Customer must make a claim for credit within 10 days after the expiration of the Subscription Term or the claim for credit shall be deemed to have been waived by Customer. The right to a credit and/or the right to terminate the Agreement described in this Section shall be the sole and exclusive remedy available to Client in the event of unavailability of the Services as set forth herein. In no circumstance shall the unavailability of the Services be deemed a default under the Agreement or this SLA.

3) Support Services

• Whatfix Support Team shall provide support, as per the support package opted for, on all business days, except for Support Holidays.
• Any Support queries received on Support Holidays, Saturdays, and Sundays will be collected, however, due action shall be taken only on the next business day.
• Support Channels: Customer can raise tickets on any of the below-designated support channels: 
  • Email id: support@whatfix.com
  • Whatfix Support Management System 
  • Phone: +1 800-459-7098
• Issue Categorization and Service Requests: Categorization of the issues raised will be at the sole discretion of Whatfix and the issues will be categorized as follows:

• Service Packages / SKUs
  
  

• Definitions 
  • Remote assistance will be provided in line with the above timescales dependent on the priority of the support request. Issues with severity P1 or P2 will be considered as GO LIVE blockers in case of a go-live scenario for a client.
  • Downtime means the Whatfix Platform is not available for use according to performance and monitoring data utilized by Whatfix at its sole discretion. Downtime does not include the period of time when the Whatfix Platform is not available as a result of Scheduled Downtime.
  • Monthly Uptime Percentage means the total number of minutes in a calendar month minus the total duration in minutes of Downtime in that month, divided by the total number of minutes in that month.
  • Scheduled Downtime means times when Whatfix notifies the Customer of periods of Downtime for scheduled maintenance. Whatfix will make commercially reasonable efforts to schedule maintenance during low-traffic times, preferably during weekends. Customers shall be notified of Scheduled Downtime via email and/or notification from the support team, at least one calendar week in advance.
  • Service Credit means a percentage of the Fees for the calendar month in which the SLA is not met, to be credited against the Customer’s future Fees if requested by the Customer, in accordance with Section 2 above.
  • Workaround or Resolution plan means a feasible change in operating procedures whereby an end-user can avoid a possible impact without any material inconvenience.
  • Internal Support Process Flow: