Service Levels and Support Description
Perception Point will make reasonable commercial efforts to maintain the following service levels specified herein in connection with the Solution. The term “Documentation” herein means user manuals, technical documentation, technical information or any other written material provided by Perception Point relating to the Software/Services.
- Email Delivery and Protection: This service level measures the ability to deliver email messages through the Solution. Perception Point will make commercial reasonable efforts to provide at least 99.99% system availability for the delivery of emails during each calendar month, excluding scheduled and emergency maintenance.
|Email Delivery Availability Per Calendar Month||Credit of Fees for the Affected Month|
|<96.0%||50% and Customer may terminate the Agreement and receive a pro-rata refund of any unused pre-paid fees.|
- Email Delivery and Protection: This service level measures the ability to scan email messages for malicious content through the Solution.
|Email Scanning Effectiveness Per Calendar Month||Credit of Fees for the Affected Month|
- Malicious Email Protection: This service level measures the effectiveness of the protection against receipt of malicious emails. This service level is measured in terms of “False Positives” (defined below).
This service level applies across all of Customer’s email traffic.
- Definitions: A “False Positive” is an e-mail incorrectly classified as malicious by the Solution. False Positives do not include emails which: (1) do not constitute legitimate business emails; (2) are sent or uploaded to Perception Point’s viewer from a compromised machine; (3) are sent from a machine which is on a third-party block list; or (4) are sent from a mail server that does not fully comply with the SMTP delivery standards as defined in RFC 2821 & 2822.
- Service Levels:
False Positive Service Levels:
|False Positive Capture Per Calendar Month||Credit of Fee for the Affected Month|
|Above 0.0001 and below or equal 0.001||20%|
|Above 0.001 and below or equal 0.01||30%|
|Above 0.01 and below or equal 0.1||40%|
- Credit Request Process and Service Credits
To receive a credit under Sections 1, 2 or 3 above, Customer must submit a credit request to within 14 days of the end of the calendar month in which Perception Point fails to meet the standards provided in Sections 1, 2 or 3 above. A credit request will include details and dates of the relevant anomalies. Subject to verification by Perception Point, Perception Point will apply the appropriate credit specified above and notify Customer accordingly. If credits apply in respect of several credit levels in the same month (e.g. email scanning effectiveness and email delivery), the applicable credit rate will be the highest rate applicable (e.g. if 20% and 10% are triggered, the applicable rate will be 20%). Notwithstanding anything to the contrary, in no event shall Perception Point’s and its Affiliates’ aggregate liability for deviation from any service levels or support levels herein, service credits, or breach of this Exhibit B, in any calendar month, exceed 100% of the fees paid by Customer for that month.
- Service Level Conditions
Service levels will not apply to the following conditions:
- During any trial periods, periods of scheduled or emergency maintenance times, periods of non-availability due to a force majeure event, downtime arising from acts or omissions of a third party, including without limitation infrastructure, malfunctioning devices, ISP, electricity and cloud service providers;
- Periods of suspension of service by Perception Point in accordance with this Agreement;
- Customer is not using the Solution in accordance with the Documentation or improper handling of hardware and software used by Customer or an authorized third party, including without limitation IT management and cyber protection;
- To emails containing attachments that cannot be scanned based on capabilities described in the Documentation (i.e., encrypted attachments);
- A denial of service attack from a third party or Customer causes a denial of service attack to occur (or any similar event);
- Customer or third-party inability to access the primary or backup MX hosts servers due to a failing in the Internet;
- Viruses introduced to Customer’s systems by Customer or through non-email sources.
Perception Point will provide the following technical support (“Technical Support”) for the Solution. Perception Point will make reasonable commercial efforts to respond to each Technical Support request within the time frames set forth below and will work diligently to resolve the request. Perception Point will log all support requests, provide the Customer with an incident number and use reasonable endeavors to provide a resolution. Perception Point may provide a temporary solution until a resolution to the initial problem can be found.
Standard Support. Standard Technical Support services consist of the following:
- Error Corrections. Perception Point shall use commercially reasonable efforts to correct and/or provide a work-around for any error reported by Customer in accordance with the priority level as classified by Perception Point.
- Software and Documentation Updates. Perception Point shall provide to Customer one (1) electronic copy of all updated revisions to the Documentation. Updates for bug fixes and maintenance are generally provided to all Customers (collectively, “Updates”). Updates do not include products or options that are designated by Perception Point as new products or options for which Perception Point may charge a separate fee. Prior to discontinuing support services for any Solution product line, Perception Point shall provide at least six (6) months advance notice on its support website.
- Support Requests and Named Support Contacts. Technical support is available during the technical support hours for the primary support center specified on the Quote. Standard support is provided only via email. Technical support hours for the Americas are Monday through Friday, 9am EST to 5pm EST (excluding national or local holidays). Technical support hours for Europe are Monday through Friday, 06:00 UTC to 14:00 UTC (e.g. 07:00am CET to 15:00pm CET during standard time and excluding national or local holidays).
Customer may initiate email Support requests through at any time. Support request submitted via email will be addressed by Perception Point during the support hours listed above. Customer will promptly identify two internal resources who are knowledgeable about Customer’s operating environment and operation of the Solution (“Support Contacts”). Support Contacts will serve as primary contacts between Customer and Perception Point and are the only persons authorized to interact with Perception Point’s Technical Support. All support requests will be tracked.
- Platinum Support. In addition to the standard support services defined in Section 1 above, if Customer ordered Platinum Support, for an additional charge Customer shall receive (1) two additional Named Support Contacts (for a total of four) and Perception Point shall provide assistance for Priority I errors, as reasonably determined by Perception Point, 24×7, 365 days per year; and (2) an assigned phone line for submitting cases. Handling of non-Priority 1 errors will take place during the support hours specified in Section 1.3 above.
Priority Levels of Errors and Responses
In the performance of Technical Support services, Perception Point will apply the following priority ratings.
- Priority 1 Errors.
A “Priority 1 Error” means a software program error in the Solution which both (1) prevents some critical function or process from substantially meeting the Documentation and (2) seriously degrades the overall performance of such function or process such that no useful work can be done and/or some primary major function of the Solution is disabled. Priority 1 Errors shall receive an initial response within one (1) hour (during standard Support hours referenced above), of the case being submitted to Perception Point. In addressing a Priority 1 Error, Perception Point shall use all reasonable efforts to develop suitable workaround, patch, or other temporary correction to restore operation as soon as possible. Perception Point efforts to resolve a Priority 1 Error will include the following: (1) assigning one or more senior Perception Point engineers on a dedicated basis to develop suitable workaround, patch, or other temporary correction; (2) notifying senior Perception Point management that such Priority 1 Error has been reported; (3) providing Customer with periodic reports on the status of corrections; and (4) providing a final solution to Customer as soon as it is available.
- Priority 2 Errors.
A “Priority 2 Error” means a software program error in the Solution which both (1) degrades some major function or process from substantially meeting the Documentation and (2) degrades the overall performance of such function or process such that useful work is hindered and/or some major function of the Solution is not operating as expected but can be worked-around. Priority 2 Errors shall receive an initial response within four 4 hours (during standard Support hours referenced above). Perception Point shall use all reasonable efforts to provide a workaround, patch, or other temporary correction as soon as possible.
- Priority 3 Errors. Description
A “Priority 3 Error” means a software program error in the Solution which both (1) prevents some non-essential function or process from substantially meeting the Documentation and (2) significantly degrades the overall performance of the Solution. Priority 3 Errors shall receive an initial response within eight (8) hours (during standard Support hours referenced above). Perception Point shall use all reasonable efforts to provide a workaround, patch, or other temporary correction as soon as possible.
Perception Point’s obligation to provide Technical Support services is conditioned upon the following: (1) Customer’s reasonable effort to resolve the problem after communication with Perception Point; (2) Customer’s provision to Perception Point of sufficient information and resources to correct the problem, including, without limitation, remote access as further discussed in these policies; and (3) the error is reproducible by Perception Point on its systems. During the term of the Support Services and for purposes relating to providing Technical Support services to Customer, Perception Point may obtain information regarding Customer’s e-mail communications and Customer agrees that Perception Point may use any aggregate and statistical data generated relating to Customer’s e-mails and use of the Solution. Notwithstanding the foregoing, Perception Point shall not disclose the source and content of any such e-mails.
Exclusions from Support services
The following items are excluded from Technical Support services:
(1) In-depth training. If the Technical Support services request is deemed to be training in nature, and will require an extended amount of time, Customer will be referred to Perception Point’s training team; (2) implementation or integration with Customer’s environment and/or support for any special customization or implementations prepared for Customer. Support Services do not include providing assistance in developing, debugging, testing or any other application customization;(3) Information and assistance on third party products. Issues related to the installation, administration, and use of enabling technologies such as databases, computer networks, and communications are not provided under the Technical Support services; and/or
(4) Assistance in the identification of defects in user environment. If Perception Point concludes that a problem being reported by a Customer is due to defects in Customer’s environment, Perception Point will notify the Customer.
Perception Point may change this Service Levels and Support Description policy from time to time. In the event of a material change a notice will be sent by email or posted on Perception Point’s website.
Last changed November 26, 2017.