The following terms and conditions specify the technical support and availability levels that Propel will provide for the Service so long as Customer has a valid subscription and is in good standing pursuant to the Propel Master Subscription Agreement (the “Agreement”) entered into between the parties. All terms not otherwise defined herein have the meanings given them in the Agreement.
Propel’s Obligations
2.1. Availability. Propel will use reasonable efforts to ensure the Service is available 99.9% of the time except as provided herein. Availability will be calculated per calendar quarter, as follows:
For purposes of this Section 2.1 the identified terms shall have the following meaning: (i) total shall mean the total number of minutes for the calendar quarter, (ii) nonexcluded shall mean downtime that is not excluded, (iii) excluded shall mean (a) any SFDC planned downtime, (b) any Propel planned downtime (c) any period of unavailability lasting less than fifteen (15) minutes, and (d) any unavailability caused by circumstances beyond Propel or SFDC’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Propel or Salesforce.com employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Propel possession or reasonable control, and network intrusions or denial of service attacks.
For any partial calendar quarter during which Customer subscribes to the Service, availability will be calculated based on the entire calendar quarter, not only for the period which Customer subscribed. In addition, unavailability for some specific features or functions within the Service will not constitute unavailability of the Service, so long as the unavailable features or functions are not, in the aggregate, material to the Service as a whole.
2.2. Support Services. Propel will provide Customer support services in accordance with the terms of the Agreement and the SLA. The support services will include an unlimited number of Escalations, provided that such Escalations are in accordance with the terms of the SLA. The availability of support services will be provided so long as Customer maintains a valid subscription license pursuant to the Agreement.
2.3. Customer Support Contact. Only qualified, trained Customer technical support personnel familiar with the Service are authorized to contact Propel to obtain support. If requested by Propel, Customer shall provide Propel a list of such personnel, which list Customer may update from time to time by providing Propel written notice of any changes.
Remediation Reporting.
3.1. Reporting. Prior to requesting support from Propel, Customer will use reasonable efforts to comply with all applicable operating and troubleshooting procedures, as set forth in the User Guide. If such efforts are unsuccessful in eliminating the Error and Customer confirms that an Error is being caused by the Service, the Customer Support Contact should promptly notify Propel by e-mail, telephone, support website, or other reliable means of communication of the Error. The initial notification shall include a detailed description of the Error being escalated together with any supporting information that Customer believes may assist Propel in its diagnostic process. In its report, Customer will also include its estimate of the Priority Level of the Error it is reporting. The designation of Priority Level is subject to agreement by Propel after initial review of the Error reported.
3.2. Priority Levels. The Priority Level of each Escalation will be determined in accordance with the following definitions:
Priority 0 – System Outage. The Service is inoperable, or the performance of the Service is so severely reduced affecting materially all Users that Customer cannot reasonably continue to operate the Service because of the Error and the Error cannot be circumvented with a Workaround.
Priority 1 - Major Impact. Functionality of the Service is impacted or performance is significantly degraded. Error is persistent and affects many Users or major functionality. No reasonable Workaround is available.
Priority 2 - Minor Impact. Customer is experiencing a performance, operational, or functional Error that can be circumvented with a Workaround and the Workaround causes minimal impact to the Customer’s ability to use the Service or does not affect many Users.
Priority 3 - Inquiry. No Error with the Service. Information is requested on Service capabilities, features, navigation or configuration, enhancement requests, or User Guide clarification.
3.3. Response Times. Propel will use commercially reasonable efforts to respond to Customer with an acknowledgment and Action Plan in accordance with the Priority Levels within the specified periods after Customer notifies Propel of the Escalation in accordance with Section 3.1 above and Propel confirms the severity of the problem and reproduces the Error (the “Response Times”). Propel’s business hours shall be 8:00 am to 5:00 pm Pacific time, Monday through Friday excluding holidays.
3.4. Propel “Action Plan” means a plan by Propel to provide a Workaround to or Resolve an Escalation that contains the following information: (i) a statement of the Error, including early evaluation; (ii) confirmation, when possible, that Propel has reproduced the Error; (iii) status of the Error; (iv) actions required to Resolve the Escalation; (v) party responsible for performing such actions; (vi) when such actions are expected to occur and when they are expected to be completed (i.e., an estimate of how long it will take to Resolve the Escalation); and/or (vii) projected date for Resolution, if possible. Propel will promptly notify Customer of any significant exceptions to each Action Plan, and will provide updates to specific Action Plans as reasonably requested by Customer. In the event that an Escalation must be returned to Customer for more information, Propel will provide a revised Action Plan when Customer resubmits the Escalation to Propel with the requested information. As related to Priority 0 and Priority 1 Errors, Customer shall provide continuous access to appropriate Customer personnel during Propel’s response related to the Priority 0 and Priority 1 Errors or Propel shall be permitted to change the Priority of the error.
3.5. Status Updates. Once Propel receives an initial report of an Error from Customer, Propel will provide Customer with status update reports as reasonably determined by Propel until an Action Plan is prepared.
3.6. Permanent Restrictions, Enhancements and Suggestions. If Propel advises Customer, that for a particular Escalation, the Workaround or Resolution is likely to cause regression, deviate from standard practice, cause some other part of the Service to exhibit an Error, or for any other reason is ill-advised, Customer may accept Propel’s recommendation without further obligation on the part of Propel to provide additional Workarounds or Resolution.
3.7. Reprioritization. If Propel reasonably determines that the Escalation is not an Error, Propel will promptly provide Customer with a detailed explanation so the Escalation can be properly reprioritized.
3.8. Exclusions. The SLA does not cover resolution to problems which result from 1) software or services not developed and provided to Customer by Propel, 2) modifications to the Service by any individual or entity other than Propel without Propel’s prior written approval, 3) use of the Service by Customer which is not in accordance with the User Guide, or 4) Customer’s lack of prompt adoption of proposed Workaround or Resolution by Propel.
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