Support and Service Level Terms

“Hosted Management Console” means the Datawiza-hosted management console made available by Datawiza as part of the Services.

“On-Premises Access Proxy” means the Datawiza Access Proxy software deployed in Customer’s or Customer’s designated environment and operated on infrastructure not owned or controlled by Datawiza.

“Available” means, with respect to the Services, that the Hosted Management Console is accessible and functioning in all material respects and that the On-Premises Access Proxy can process production requests in all material respects.

“Downtime” means the total number of minutes in a calendar month during which the Services are not Available, excluding Excluded Downtime.

“Excluded Downtime” has the meaning set forth in Section 3 below.

“Business Day” means Monday through Friday, excluding United States federal holidays observed by Datawiza.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Pacific Time on a Business Day.

“Support Request” means a request for technical support submitted to the support email address, support@datawiza.com, designated by Datawiza. A Support Request is deemed received when it is received by Datawiza’s email system. A Severity 1 Support Request is deemed received at the actual time of receipt. A Severity 2 or Severity 3 Support Request received outside Business Hours is deemed received at the beginning of the next Business Day.

For clarity, an unavailability of the On-Premises Access Proxy that prevents production authentication requests from being processed shall constitute Downtime, regardless of whether the Hosted Management Console remains available.

Datawiza shall use commercially reasonable efforts to make the Services Available at least 99.9% of the time in each calendar month (the “Availability Commitment”).

For clarity, the Availability Commitment applies to the Hosted Management Console and the On-Premises Access Proxy, but does not apply to any Customer-hosted or third-party systems, services, or infrastructure other than the On-Premises Access Proxy, including Customer’s servers, virtual machines, networks, Oracle EBS environment, identity provider, load balancers, DNS, internet connectivity, or other systems not operated by Datawiza.

Where the Hosted Management Console is temporarily unavailable, the On-Premises Access Proxy shall continue to process authentication requests using the most recently synchronized configuration and policies then locally available to the Proxy.

Downtime shall not include any unavailability, suspension, or degradation resulting from any of the following:

• a. scheduled maintenance performed by Datawiza, provided that Datawiza gives Customer at least fourteen (14) days’ prior notice and such scheduled maintenance does not exceed four (4) hours per calendar month. Datawiza shall use commercially reasonable efforts to avoid Customer-designated critical financial or operational windows that Customer has identified to Datawiza in writing at least thirty (30) days in advance. Emergency maintenance, or maintenance required to address security vulnerabilities, service instability, or urgent reliability issues, may be performed at any time when reasonably necessary.
• b. any systems, infrastructure, software, hardware, or services not owned or operated by Datawiza;
• c. Customer’s or any third party’s misuse, misconfiguration, unauthorized modification, or use of the Services other than in accordance with the Agreement or Documentation;
• d. internet, telecommunications, network, or other failures outside Datawiza’s reasonable control;
• e. any Force Majeure event; or
• f. beta, trial, evaluation, sandbox, development, test, or other non-production environments.

Datawiza shall provide support for the Services, including the Hosted Management Console and the On-Premises Access Proxy, in accordance with this Section 4.

A “Severity 1” issue means a reproducible error or condition causing a complete outage of the production Services or a critical production issue for which no commercially reasonable workaround is available.

A “Severity 2” issue means a reproducible error or condition causing material degradation of the production Services, where core production use remains available but is materially impaired.

A “Severity 3” issue means a non-critical error, defect, or support question that does not materially impair production use of the Services.

For Severity 1 issues, Datawiza shall provide support on a 24x7 basis and shall use commercially reasonable efforts to provide an initial response within two (2) hours after receipt of notice from Customer and a target workaround or restoration plan within eight (8) hours.

For Severity 2 issues, Datawiza shall provide support during its standard business hours and shall use commercially reasonable efforts to provide an initial response within four (4) business hours and a target workaround or remediation plan within two (2) business days.

For Severity 3 issues, Datawiza shall provide support during its standard business hours and shall use commercially reasonable efforts to provide an initial response within one (1) business day.

The foregoing response, workaround, remediation, and restoration times are targets and not guarantees; however, Datawiza shall continue to work diligently on each reported issue until resolution or a reasonable workaround is in place.

Customer shall submit all Support Requests by email to support@datawiza.com. Requests sent to individual Datawiza employees or to any other email address will not begin the applicable response period unless Datawiza acknowledges the request as a Support Request.

If Datawiza fails to satisfy the Availability Commitment in any calendar month, Customer may request a service credit for the affected Services as follows:

• if Availability is less than 99.9% but at least 99.0%, Customer shall be entitled to a service credit equal to five percent (5%) of the monthly fees actually paid for the affected Services for such month; and
• if Availability is less than 99.0%, Customer shall be entitled to a service credit equal to ten percent (10%) of the monthly fees actually paid for the affected Services for such month.

Customer must submit any request for a service credit in writing within thirty (30) days after the end of the calendar month to which the claim relates and must include reasonable supporting details. Approved service credits shall be applied to a future invoice only and shall not be paid in cash.

In no event shall the aggregate service credits issued under this Exhibit A for any calendar month exceed ten percent (10%) of the monthly fees actually paid for the affected Services for such month.

Datawiza’s obligations under this Exhibit A are conditioned upon Customer remaining current on all undisputed amounts due under the Agreement and the applicable Order and providing Datawiza with all information and cooperation reasonably requested to investigate and address any reported issue.

Customer acknowledges and agrees that the On-Premises Access Proxy is deployed in Customer’s or Customer’s designated environment and is dependent on certain Customer-controlled and third-party systems and infrastructure. Accordingly, the Availability Commitment and related service-credit commitments in this Exhibit A apply to the On-Premises Access Proxy only to the extent an unavailability is attributable to the Datawiza software comprising the On-Premises Access Proxy, and not to any Customer-controlled or third-party systems or infrastructure.