Services Support Policy

This policy (the “Policy”) describes support for NewsCatcher Inc.’s (“Company”) data aggregation API, software, equipment, or services (“Services”).

1. Scope. The goal of support is to identify and remedy defects or malfunctions causing the Services to fail to perform in accordance with the agreed specifications and documentation (“Problems”). Support only covers the current released version generally available to customers and, unless agreed in writing, excludes: (i) any modification, enhancement or addition to the Services by Client or any third party; (ii) issues relating to any area, technology, software, or equipment outside Company’s scope of responsibility; (iii) use of the Services in a non-recommended way; (iv) any Problems arising after Client’s prevention of Company performing required maintenance or updates; and (v) customized applications or offerings.

2. Availability. Company will use commercially reasonable efforts to ensure that the average availability of the Services cloud service as a whole is within the agreed SLA of the time 24x7x365 excluding routine maintenance downtimes, emergency downtimes required to remedy vulnerabilities or issues relating to any area outside Company’s scope of responsibility as set out in the Services Agreement (the “Availability Commitment”).

3. Technical Support. Client may report Problems 24x7x365 and Company will use commercially reasonable efforts to provide technical support to respond during Operating Hours in the English language (the “Technical Support”). Technical Support is provided on the basis set out below and tickets must be raised through Company’s approved tools (e.g., online portals) or communication channels (email, phone, etc.).

  • email: support@newscatcherapi.com
  • phone: +33625707180
  • standard operating hours: 8am – 5 pm on Business Days in the customers principal location operating Services
Level Provider Definition
Level 1 Technical Support Company Client’s entry point to Company for Technical Support. Level 1 Technical Support is critical in performing basic and more advanced Technical Support triage, Problem documentation, replication, and corrective action. Level 1 support involves:
  1. Accepting tickets escalated by Client’s Technical Contacts.
  2. Managing tickets through Company’s tool and interfacing with Client’s Technical Contacts.
  3. Escalation of Problem questions.
  4. Qualifying the Problem and setting urgency and impact levels.
  5. Developing a Problem resolution or workaround.
Level 2 Technical Support Company More specialized engineering support for the most complex Problems. Company will determine if a reported problem requires Level 2 Technical Support. Resolutions processed by Level 2 Technical Support will be managed by Company and Client’s technical contact interface will remain through Company’s Level 1 Technical Support Resources.

4. Assessing Urgency and Impact. The following definitions apply:

Urgency Definition
High Client’s business operations have been halted and no workaround is available. Immediate action is called for in order to expedite resumption of business operations.
Medium Client’s business operations have been halted but a workaround may be possible to fully or partially restore operations. Expedited action is called for but some delay is tolerable.
Low Client’s business operations have not been halted but Client’s operations or a specific process is being inconvenienced. Prompt action is called for but some delay is tolerable.
Impact Definition
Critical The Services are unusable, data is not refreshing, operational use has been suspended, and no workarounds have yet been identified or there is an emergency situation related to the Services.
Significant The Services are usable; however, a serious Problem exists that has a major impact (e.g., control issues, loss of functionality, data not refreshing, or operational difficulties) and is repeatedly adversely impacting usage without an acceptable workaround.
Moderate The Services have a Problem that does not have a significant impact on the function or business process. An alternative solution or acceptable workaround exists.
Minor Product feature inquiry or minor Problem that has minimal or no impact to operations.

5. Priority. The priority level is set by estimating the urgency and impact as described above based on input Client provide and may be revised as Company better understand Client’s situation (the “Priority”). Situations Client deem Priority 1 must be communicated by telephone and Client must remain available until resolution.

Impact
Critical Significant Moderate Minor
Urgency High Priority 1 Priority 2 Priority 3 N/A
Medium Priority 2 Priority 2 Priority 3 Priority 4
Low Priority 3 Priority 3 Priority 4 Priority 4

6. Response. All Problems reported to Technical Support will be assigned by Company as either an incident, issue or request and Company will use commercially reasonable efforts to take action as described below (the “Service Level”).

Incidents Issues Requests
A disruption of normal service/operation. The purpose of incident management is to restore service in a timely manner, often through a workaround, rather than through trying to find a permanent solution, which is the aim of issue management. Issue management aims to reduce the adverse impact of incidents and Problems and to prevent recurrence of incidents by identifying root cause (Problem control) and initiate actions to improve and correct the situation (error control). Request fulfillment is the process of dealing with any request for information, advice, or support that is not considered an incident or issue.
Target Response Time Priority 1 1 hour 1 hour Not subject to priority. Typical response in 5 Business Days.
Priority 2 4 hours 4 hours
Priority 3 12 hours 12 hours
Priority 4 1 Business Day 1 Business Day
Target Resolution Time Priority 1 Within 12 hours No resolution time as not possible to predict how long it will take to investigate and resolve. No resolution time. Resolution planned based on resources.
Priority 2 2 Business Days
Priority 3 5 Business Days
Priority 4 No target - Planned
Target Response Time The target for which Company aims to have a Technical Support resource make first contact with Client to understand more about the incident, problem, or request Client have contacted Company about. Contact may be made by telephone or email (or both), depending on the priority.
Target Resolution Time Target for which Company aims to have provided a workaround or solution that enables the disruption to cloud service to be restored in case of incidents. This applies only to cloud services and no resolution time applies to hardware or on-premise licensed software or components unless otherwise agreed in writing.

Technical Support and timings apply during Operating Hours only. For Priority 1 incidents, Company will use commercially reasonable efforts to take action on reported Problems outside Operating Hours to the extent appropriately skilled resources are available. If Client require additional or higher levels of Support, it may be available at rates mutually agreed in writing.

7. Credits. If during a calendar month Company fail to achieve the Availability Commitment, Company will, following Client’s written request within 20 Business Days of the end of that month, issue a credit to Client’s account (each a “Credit”) in an amount equal to 3% of the fixed, recurring Services fees paid for the month in which the Availability Commitment failure occurred. Priority level 3 and 4 Problems will not be deemed to be an Availability Commitment failure.

8. Claims. Client may request Credits by sending an email to us (address to be advised separately) that must identify Client, this Policy and the Agreement, the period to which the claim relates and include supporting calculations. If disputed, Company shall provide Client reports of system performance. Company’s report prepared in the ordinary course of business shall be deemed correct unless demonstrated to be clearly erroneous. Credits will be applied to fees for following quarters where Client’s account is current and paid in full and Company is not obliged to provide any refund, except in the event the Agreement has ended. Any refund is limited to amounts actually paid by Client prior to the end of the Agreement. Credits will not be transferred or applied to any other account. Credits will not exceed the quarterly fees for the Services in any quarter. Credits and termination rights in Clauses 7 and 8 are Company’s only liability and Client’s exclusive remedy for Company’s failure to meet the Availability Commitment or Service Levels.

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