Last updated: 4/15/2024 | Previous Versions
This Support Policy (“Support Policy“) forms part of, and is subject to, the Master Subscription Agreement, the Validatar Cloud Terms of Service, the Validatar Cloud Evaluation Terms of Service, or the Validatar Server Terms of Service (collectively the “Agreement”) between Validatar, LLC (“Validatar”) and the legal entity defined as ‘Customer’ thereunder together with all Customer Affiliates who are signatories to an Order Form for their own Service Account or Server Software license pursuant to such agreement (collectively, for purposes of this DPA, “Customer”, and together with Validatar, the “Parties” and each a “Party”). All capitalized terms not defined in this Support Policy shall have the meanings set forth in the Agreement.
This Support Policy describes Validatar’s support offering in connection with Customer-reported bugs, defects or errors in the Service or Server Software (“Error(s)”). Validatar shall provide technical support for the Service or Server Software (“Support”) in accordance with this Support Policy. Customer shall receive Validatar’s general Support offering, “Premier Support,” as designated in the applicable Order Form (“Support Level”). However, Validatar may provide more limited support for free trial and evaluation use of the Service in its discretion. Validatar may update this Support Policy from time to time.
Capitalized terms not defined in this Support Policy have the meaning given to them in the Agreement (including its associated addenda, policies and other terms referenced therein).
I. Support
A. Testing. As further described in the Documentation, Validatar has processes designed to perform robust testing and validation before each Service and Server Software release to minimize Errors.
B. General Support Offering (“Premier Support”). Customer shall designate at least one primary contact who will have administrator privileges and may designate additional contacts (“Customer Contact(s)”). Validatar shall provide English-speaking remote assistance to Customer Contacts for questions or issues arising from any Error, as further described in this Support Policy, including troubleshooting, diagnosis, and recommendations for potential workarounds for the Subscription Term. Validatar shall also provide the specific entitlements for the corresponding Support Level procured by Customer, as further described in this Support Policy and the tables below. If Customer reasonably believes Validatar’s Support team (“Validatar Support”) is failing to provide timely and commercially reasonable responses in accordance with this Support Policy, Customer may escalate the Support Case using the support escalation process described in the Validatar Documentation. Escalated Support Cases will be directed to Validatar’s management team for consideration.
C. Contacting Validatar Support. Customer Contacts may contact Validatar Support for assistance with Support Cases by the following methods: (1) submitting a Support request via email to support@validatar.com; or (2) submitting a Support request to the Validatar web page and Support portal located at https://www.validatar.com/support. All Customer Contacts must be reasonably proficient in the use and functionality of the Service or Server Software and familiar with the Documentation, and shall use reasonable diligence to ensure a perceived Error is not an issue with Customer equipment, software, or internet connectivity.
D. Submission of Support Cases. Each Support Case shall: (1) designate the Severity Level of the Error in accordance with the definitions in Table 1; (2) identify the Account that experienced the error; (3) include information sufficiently detailed to allow Validatar Support to effectively assess the Error (including any relevant error messages, but not export-controlled data, personal data (other than as required herein), sensitive data, other regulated data, or Customer Data); and (4) provide accurate contact information for the Customer Contact(s) most familiar with the issue. The Customer Contact(s) shall also give Validatar any other important Support Case information in a timely manner. Information submitted pursuant to a Support Case is not Customer Data. Unless Customer expressly designates the Severity Level, the Support Case will have a default designation of Severity Level 4. If Customer believes the issue to be related to Client Software (as defined in the Agreement), then the Support Case shall also include the applicable Client Software log files. If a Customer Contact submits a Support Case related to enhancement or feature requests, Validatar will deem the Support Case closed once the request has been forwarded internally.
E. Other Support and Training. Validatar also offers various support and training resources such as documentation, FAQs and user guides available on the Validatar Documentation. Additionally, Validatar offers fee-based consultation and training services via Statements of Work.
Table 1: Error Severity Level Definitions | |
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Severity Level 1 |
An Error that (a) renders the Service or Server Software completely inoperative, or (b) makes Customer’s use of material features of the Service or Server Software impossible, with no alternative available. |
Severity Level 2 (High Severity) |
An Error that (a) has a high impact to key portions of the Service or Server Software, or (b) seriously impairs Customer’s use of material features of the Service or Server Software and Customer cannot reasonably circumvent or avoid the Error on a temporary basis without the expenditure of significant time or effort. |
Severity Level 3 (Medium Severity) |
An Error that has a medium-to-low impact on the Service or Server Software, but Customer can still access and use some functionality of the Service or Server Software. |
Severity Level 4 (Low Severity) |
An Error that has low-to-no impact on Customer’s access to and use of the Service or Server Software. |
Table 2: Severity Level Response Times |
|
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Error Severity Level |
Initial Response Time Target |
Premier Support |
|
Severity Level 1 |
One (1) hour |
Severity Level 2 |
Two (2) Business Hours |
Severity Level 3 |
One (1) Business Day |
Severity Level 4 |
Two (2) Business Days |
F. Error Response. Upon receipt of a Support Case, Validatar Support will assess the Error based on the information submitted and the definitions in Table 1, and if Validatar believes Customer’s Severity Level designation is incorrect, Validatar will promptly notify Customer. If Customer then identifies a reasonable basis for disagreeing with the Severity Level proposed by Validatar, the parties each will make a good faith effort to promptly discuss, escalate internally, and mutually agree on the appropriate Severity Level designation. Validatar shall then use commercially reasonable efforts to meet the Initial Response Time Target set forth in Table 2 above for the applicable Severity Level, as measured during the applicable Region Validatar Support hours set forth in Table 3 below (“Business Hours”, and each in-Region day having Business Hours is a “Business Day”).
Table 3: Validatar Support Hours |
|
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Premier Support Business Hours |
|
Severity 1 (Premier Support) |
Severity 2-4 (Premier Support) |
7 AM - 7 PM CT Mon-Fri |
9 AM - 5 PM CT Mon-Fri |
II. Support Exclusions
Validatar is not responsible for failures of the Service or Server Software to the extent they arise from:
A. Customer’s failure to process Customer Data in the Service in accordance with Validatar’s recommendations for use of the Service — though, upon being notified of such a case, Validatar will endeavor to help Customer address the failure (e.g., with additional recommendations);
B. Customer or User equipment;
C. Third-party acts, or services and/or systems not provided by or on behalf of Validatar. For the avoidance of doubt, this exclusion (C) does not apply to the acts, services or systems of any Cloud Providers;
D. Force Majeure events – i.e., any cause beyond such party’s reasonable control, including but not limited to acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government, acts of terrorism, or war;
E. Evaluation, free trial, or proof-of-concept use of the Service or Server Software; or
F. Use of Service or Server Software features or functionality that are subject to Preview Terms (e.g., beta functionality not intended for production use).