Last updated on March 30, 2023
Definitions:
“Rival” means Rival Technologies Inc.
“Scheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which the Subscriber is unable to access the features and functions of the system due to planned system maintenance performed by Rival as set forth below.
“Solution” means the market research software platform owned by Rival.
“Subscriber” means a subscribed user of the Solution.
“System Uptime” means the total amount of time during any calendar month (24 hours a day, 7 days a week), measured in minutes, during which Subscribers are not impacted by issues that Rival categorizes as "Emergency". Any issues that are categorized as "Emergency" would be counted as Unscheduled Downtime and would be deducted from the total monthly uptime.
“Target Response Time” means the time elapsing from receipt of the request to Rival initiating action to resolve the issue. The time to arrive to a solution may be longer. The Subscriber will be informed of the status of their request within the response times listed below.
“Unscheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which time the Subscriber is impacted by issues that Rival categorizes as "Emergency".
“Working Hours” means a time within the Standard Support Hours: from Monday to Friday, 6:00 AM PST (9:00 AM EST) to 6:00 PM PST (9:00 PM EST)1.
Service Levels:
Rival will respond to error correction requests according to the urgency of the request as specified below:
|
Category |
Target Response Time |
Category Guidance |
|
Emergency |
2 Working Hours |
An error that renders the whole Solution or a substantial part of it, inoperative, and which is not clearly due to Subscriber’s server/software setup. |
|
High Priority |
4 Working Hours |
An error that results in partial or intermittent failure of the Solution. |
|
Medium Priority |
1 Working Day |
Errors that do not affect critical parts of the Solution. |
|
Low Priority |
2 Working Days |
Other inquiries and minor errors/error messages. |
Category can be selected by the Designated Support Contact upon posting the request. Category may be changed by Rival’s personnel if request is not in accordance with specification in the above table.
Error reports should be accompanied by a detailed description of events immediately preceding the occurrence of the error, and should, if possible, attach a copy of the error message. Error correction shall be limited to errors occurring in the course of normal use of the Solution. Error correction may be done by means of temporary measures (“patching”). Rival is not responsible for errors or malfunctions in the Solution caused in whole or in significant part by (a) Subscriber’s or its employees’ negligence; and (b) accidents and other events for which Rival is not directly responsible.
Subject to the terms of the Subscriber agreement with Rival, Rival guarantees the system will have a minimum 99% System Uptime, excluding Scheduled Downtime and including any Unscheduled Downtime.
In the event System Uptime is less than 99% during any calendar month during the Term of this Agreement and, within 10 days of the end of such calendar month, Subscriber has notified Rival of same and requested a credit in accordance with the provisions herein, Subscriber may be entitled to credits against its subsequent payment obligations or a refund equal to a percent of the subscription fees paid by Subscriber to Rival during such calendar month, according to the following table.
|
System Availability |
Credit Amount |
|
|
98.99 – 98.00 |
8% of Monthly Subscription Fees |
|
|
97.99 – 97.00 |
12% of Monthly Subscription Fees |
|
|
96.99 – 96.00 |
18% of Monthly Subscription Fees |
|
|
<95.99 |
Maximum 25% of Monthly Subscription Fees |
|
1Technical Support may not be available on statutory holidays