SUPPORT POLICY

Where applicable to a contract that you have with us, this support policy defines the scope of “Support Services” offered to you by Fisikal in order to support the Software and Apps which are as defined in the relevant supply of products agreement between Fisikal and you (a “Relevant Contract”).

01: AVAILABILITY STANDARDS

Fisikal shall use reasonable endeavours to comply with the following availability times, except for where availability is affected by an event of Force Majeure (as defined in a Relevant Contract) or through periods of schedule or emergency maintenance which shall be not be included in availability calculations:

99% Server availability (i.e. Service Uptime); and
99% Network availability (i.e. Network Uptime).

We shall use reasonable endeavours to ensure that our Software and Apps comply with industry level acceptable security standards.

02: BUSINESS SUPPORT HOURS
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Fisikal will offer support to you within  Normal Working Hours (as defined in a Relevant Contract)

You should immediately report unsatisfactory operation of the Software or the Apps via E-mail to "support@fisikal.com". A reference number will be provided which should always be quoted for all inquiries relating to that fault thereafter.

Support requests will be assigned an agreed priority, in accordance with the following guidelines. Priority is dependent on the impact the fault has on a particular business from time to time and will be assigned at our sole discretion.

Defined Priorities

P1 – Critical
Total failure of a system or system component affecting multiple or critical users who are unable to continue working.
P2 – Urgent
Failure or inhibited performance of a system component affecting multiple users or critical users.
P3 – Normal
Failure or inhibited performance of a system component affecting a single user.
P4 – Scheduled
Non-urgent issue where a fix or attendance is to be scheduled at an agreed time.

Once a priority has been assigned, we will use reasonable endeavours to acknowledge all issues in accordance with the following timeframes.  In our acknowledgement of an issue, we will also indicate (where possible) an estimate of the time required for us to fix an issue.  Such timeframes are estimates only and time is not of the essence in relation to responding and fixing any errors caused.

Acknowledgement of Issue

P1 – Critical
1 Normal Working Hour
P2 – Urgent
4 Normal Working Hours
P3 – Normal
12 Normal Working Hours
P4 – Scheduled
48 Normal Working Hours

03: SERVICE AVAILABILITY
Fisikal is a cloud-based solution and our system, Apps, Services and Software performance is directly dependent on the availability and system performance of the following services:

• Vimeo (Video Storage)
• Amazon Web Services (Document Storage)
• Digital Ocean
• Go Daddy
• iTunes Connect
• Google Play
• DockerFirebase
• Stripe (Payments)
• Paypal (Payments)
• Go Cardless (Payments)
• App Center
• Power BI Services
• Microsoft Azure
• Zendesk (support tickets and tutorial library)
• Twilio (email)

Copies of these organisations SLAs are found on the following links:

• Vimeo (Video Storage)
• Amazon Web Services (Document Storage)
• Digital Ocean
• Go Daddy
• iTunesConnect
• Google Play
• Docker
• Firebase
• Stripe
• Paypal
• Go Cardless
• App Center
• Power BI Services
• Microsoft Azure
• Zendesk
• Twilio

Should any of these services be offline this will affect Fisikal’s ability to either deploy new code or host the application and this will be considered a Force Majeure event and therefore any related provisons within a Relevant Contract shall apply..

04: CHARGES

Charges for Support Services (where applicable) shall be invoiced to you in accordance with the rates outlined in a Relevant Contract.

05: UPTIME COMMITMENT

This document is subject to and forms a part of our Terms of Service (the “Agreement”) and outlines the uptime commitments for our Software Service. Capitalised terms not defined below will have the meanings given to them in the Agreement.

We will make the Software Service available to you on a twenty-four hour, seven days a week (24×7) basis at a rate of 99.9% (“Uptime Requirement”).

The Uptime Requirement will commence on the date you first access the Software Service with a paid subscription (“Commencement Date”).

06: MEASUREMENT METHOD
The Uptime Requirement will be measured over each consecutive twelve (12) month period ending on the anniversary of the Commencement Date (each, a “Measurement Period”). The Uptime Metric percentage will be calculated based on a fraction as follows:

Total – Nonexcluded – Excluded / Total – Excluded

Where:
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• Total means the total number of minutes in the Measurement Period
• Nonexcluded means downtime during Measurement Period that’s not excluded
• Excluded means downtime or performance issues caused by any of the following:
• Scheduled maintenance for which we give you at least forty eight (48) hours’ prior notice
• Force majeure event (as described in the Agreement)
• Overall Internet congestion, slowdown, or unavailability
• Suspension or termination of Software Service by Fisikal pursuant to the Agreement
• Your equipment or third party telecommunications, computer hardware, software, or network infrastructure not within the sole control of Fisikal

07: SOFTWARE SERVICE CREDITS
If the Software Service fails to meet the Uptime Requirement during a Measurement Period, as your sole and exclusive remedy, you may receive a credit to your account as follows:

Service Availability and Credits

‍Availability:
99.9% or higher
98%-99.8%
95%-97.9%
90%-94.9%
Below 90%

Credit:
No Credit
One (1) free month of Software Service
Two (2) free months of Software Service
Six (6) free months of Software Service
Twelve (12) free months of Software Service

08: CREDIT REQUESTS
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If you believe the Uptime Requirement has not been met in a Measurement Period, in order to receive a credit you must send a request via email to support@fisikal.com no later than thirty (30) days after the end of the applicable Measurement Period. The email must include dates, times and descriptions of each instance of downtime, and any supporting calculations. All properly submitted credit requests will be verified against Fisikal’s logs and system records.

To be eligible for a credit hereunder, you must maintain a paid subscription in good standing for a minimum of twelve (12) consecutive months. You are not eligible to receive credit for any Measurement Period in which you breached the Agreement or failed to meet your payment obligations to Fisikal. Credits will be applied to future services only, and any unused credits will be non-refundable upon termination of the Agreement. Beta and trial services are excluded from this SLA.

Updated on 29/01/2020