This Service Level Agreement (“SLA”) is an exhibit to the Motivity Subscription Services Agreement (“Agreement”) and governs the ongoing support and service levels for the Motivity Services.
1. Definition of Terms
- Account Manager – Motivity representative that will handle a Customer’s Work Request.
- Work Request - Any Customer issue that is submitted and tracked by Motivity.
- Support Contact Information – Email: help@motivity.net
- Business Hours – 10:00am to 6:00pm ET Monday through Friday
(9:00am to 5:00pm CT / 8:00am to 4:00pm MT / 7:00am to 3:00pm PT) - Response Time - The estimated period of time between communications with Motivity during the investigation of a Work Request. The contact frequency may vary if agreed by both Motivity and the Customer.
- Customer Representative - Any representative of the Customer’s organization can submit a Work Request to an Motivity Account Manager to request technical assistance or report a problem.
2. Problem Severity
As long as Customer is current in making the payments required by the Agreement, Motivity will respond to problems reported by a Customer Representative according to the problem severity levels defined below.
Motivity reserves the right to assign or modify the Severity of a given problem if one is not provided by the Customer or if the submitted Severity level does not meet, in Motivity’s sole discretion, the definition as defined below.
3. Maximum Response Times
This Agreement provides remote technical assistance via telephone and email according to the Severity of the Work Request and within the response times detailed below.
These response times assume that any discovered problem can be reproduced by Motivity. If Motivity cannot reproduce the problem, a fix may not be provided according to these response times.
Motivity shall have no liability with regards to any time delay in Motivity’s response to the Customer due to the Customer’s failure to provide all requested information promptly to help Motivity reproduce an issue.
Within Business Hours:
Outside of Business Hours:
4. Customer Support Assistance
This Agreement provides remote technical assistance via telephone and email. Customer Representatives are entitled to request technical assistance from Motivity Technical Support and Account Manager teams. Technical assistance will be provided for all requests during Business Hours and for Critical/Down severity requests during non-Business Hours. Customer is entitled to an unlimited number of Work Requests.
Customers are entitled to submit Work Requests by telephone or email. Once a Customer Representative submits a Work Request, Motivity will begin notifying appropriate staff and assign an Account Manager to the case.
Email: support@motivity.net
5. Escalation Management
Customer may contact the Motivity Account Manager to raise or lower the Severity of a Work Request to reflect changed business or technical impact. Motivity will address any Work Requests that are modified in this way with the level of attention appropriate to the new Severity as defined within this policy document.
To escalate a problem, Customer may contact the Motivity Account Manager assigned to the Work Request. Such escalations will receive prompt attention and ensure appropriate focus from Motivity.
6. Upgrade Protection Plan
Motivity will periodically release software updates and certain upgrades to deployed products to correct errors or to otherwise improve Motivity product performance. Motivity provides access to these software updates by applying these updates during Customer non-business hours whenever possible.
Upgrades means any new versions or new releases of Motivity software, which may include enhancements, and are distributed as a general release for no additional license fee. Upgrades do not include new versions and new releases of the software that are either (i) marketed as a new product and/or contain new features and functionality; or (ii) contain a substantially new source code base developed to support a different technology platform.
7. Identification of Product Errors
In order to identify and resolve a problem, Customers may be asked to provide additional data including, but not limited to:
- Reproducible test case
- Scenario definitions
- Link to Motivity account
- Link to Motivity specific application
- Frequency of occurrence
In order to verify a product error, the Customer must provide a complete description of the product error to enable Motivity to proceed with the problem investigation, including sufficient information to enable Motivity to reproduce the problem.
Customer is responsible for all actions required to verify and substantiate the existence of a product error and to ascertain the conditions under which the problem may be duplicated.
8. Product Error Corrections
Motivity does not warrant that Motivity products are error free, although reasonable efforts are made to ensure Motivity products work as designed. Due to the technical complexities of Motivity products and the environments in which the products are used, newly reported and identifiable product errors may take several weeks, or months, to debug, write, test, and integrate a fix. For Critical product errors, Motivity will make reasonable efforts to develop a workaround that can be used until the error has been resolved.
At its discretion, Motivity may make available a software update for newly reported and identifiable product errors of a Critical nature. Where possible, unit testing of the software update is performed prior to release, although such software updates do not undergo full system testing or integration testing. Motivity therefore does not warrant the behavior of any software update made available to the Customer.
9. Third-Party Vendor Support
Technical support from Motivity is not available for problems that arise as a result of the use of Motivity products in conjunction with software from third-party vendors.
10. Exclusions
Motivity shall have no obligation to provide technical support services if a problem is caused by: (a) misuse of Motivity products, (b) any fault of Customer’s agents or employees, (d) any attempts at modifications to the Motivity product performed by other than personnel of Motivity, (e) casualty, act of God, strikes, riot, war, the unauthorized acts of third parties, (f) failure or interruption of any electrical power, telephone, or communication line or like cause, or (g) any other cause external to the Motivity Services except ordinary use.
11. Monthly Uptime
Motivity warrants that its products provided pursuant to this Agreement will be available 99.9% of the time in a given month (“Motivity SLA”).
The Motivity SLA shall not apply to performance issues: (a) to the extent caused by factors outside Motivity’s reasonable control but not limited to internet provider issues, third-party service issues, weather related service interruptions, acts of God, and other non-Motivity related hosting issues; (b) that resulted from any actions or inactions of Customer or any third parties not affiliated with Motivity; (c) that resulted from Customer’s equipment and/or third-party equipment; or (d) that are scheduled by Motivity for purposes of maintaining or updating the product. Notwithstanding the foregoing, the Motivity SLA does apply to performance issues caused by, or on account of, Motivity sub-contractors including but not limited to Amazon-branded web services.
If Motivity does not meet the Motivity SLA, Customer shall request, in writing, a detailed explanation of downtime and, should Motivity be at fault per the definitions above, the Customer shall be eligible to receive Service Level Credits described below.