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