Effective date: 26 Feb 2025
Last Reviewed: 26 Feb 2025
The Services will be available to Customer a minimum of ninety-nine percent (99%) of the time within any thirty (30) day period. “Availability” for any site, means the ability to successfully transmit data to, and receive data from, the Services for such site. “Unavailability” for a site, means the number of minutes that the Services were not Available to Customer at such site, but does not include Unavailability: (a) to the extent that Customer does not promptly notify Mashgin of such Unavailability and Mashgin also fails to identify such Unavailability through its commercially reasonable efforts using standardized system monitoring technologies and processes; (b) resulting from (i) scheduled maintenance by Mashgin where notice of such maintenance is posted to the Services; (ii) reasons of force majeure; or (iii) Customer’s misuse of the Services. Unless otherwise noted by Mashgin, scheduled maintenance shall occur outside of Customer’s normal business hours.
Mashgin will use commercially reasonable efforts to inform Customer, via telephone, e-mail, or other immediately available mechanism selected by Customer, within fifteen (15) minutes of discovering any Unavailability. Mashgin will also provide subsequent notice to the Customer when such Unavailability has been resolved, including the cumulative time of Unavailability.
As Customer’s sole and exclusive remedy for any Unavailability:
Mashgin shall provide Customer with telephone and email support for the Services to Customer during Customer’s normal business hours (“Services Support”). Services Support shall only include assistance with issues which are exclusively due to an error with the Services (i.e., a failure of the Services to conform to the written specifications provided by Mashgin).
Resolution of any errors caused by improper use or maintenance of the Equipment or Services by Customer or Customer’s clients will be supported by Mashgin but will not be considered toward Unavailability or count toward Service Level Requirements or Credits.
An “Error” means an error in the Services which significantly degrades the Services as compared to Mashgin’s published performance specifications. For each Error reported by Customer, Mashgin shall (i) assign a priority level to such Error in its discretion in accordance with the table below, and (ii) respond to Customer and provide status updates in accordance with the time periods set forth in the table below.
Description
Response Time
Target Resolution
Priority 1
The Services are completely unavailable, or performance is so poor as to render the Services unusable; or data security breach or hack (whether actual or suspected) or attempted data security breach.
Ninety (90) minutes during business hours
Within eight (8) business hours
Priority 2
A major functionality of the Services is unusable and results in limited functionality that affects a large number of users.
Four Business Hours
Within twenty four (24) business hours
Priority 3
A loss of a function or resource of the Services that does not seriously affect Services functionality.
Next business day during business hours
Next bug fix or production release, if applicable
Priority 4
All other problems with the Services other than those that fall within the categories listed above.
Classification
Two (2) business days during business hours
TBD on a case-by-case basis
6. SERVICES CREDITS.
If Mashgin fails to respond to a Customer Error report within the allotted time frame, then, as Customer’s sole and exclusive remedy (and Mashgin’s sole liability) for each such response failure, Mashgin will credit Customer with one (1) day of free access to the Services and, at Customer’s request, institute a remediation plan that will be scoped & agreed by Mashgin and Customer within 60 days of this Agreement. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of one (1) free month of access to the Services. Further, Mashgin will not grant a credit for any period in which Customer received any Services free of charge. In order to receive such Services credits, Customer must notify Mashgin in writing within seventy-two (72) hours from the time of response failure, and failure to provide such notice will forfeit the right to receive a credit.