The following support terms shall apply to the hosted cloud-based learning platform software known as ‘thirst’ (SaaS Services). References to Company are to Thirst Learning Ltd, company number 13731242, with registered office address at The Towers, The Towers Business Park, Wilmslow Road, Manchester, M20 2SL. References to Partner are to an authorised partner of the Company, which has entered into a Partner Agreement with the Company for the purposes of reselling the SaaS Services, and references to Customer are to a person, company or entity which has entered into a contract with the Company for the use of the SaaS Services.
1.1 The definitions set out below apply to this Support Schedule.
- Agreement: in the case of a Partner, the Partner Agreement between the Company and the Partner, and in the case of a Customer, the SaaS Agreement between the Company and the Customer;
- Authorised User: has the meaning given in the Partner Agreement or the SaaS Agreement (as applicable;
- Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks are open for business;
- Business Hours: the hours during Business Days set out in section 5 of this Support Schedule;
- Incident: shall mean any problem or error with the functionality of the SaaS Services;
- Support Services: the Support Services provided by the Company under this Support Schedule to Customers and Partners pursuant to an Agreement;
- Updates: any update or patch to the SaaS Services which has been produced primarily to overcome a defect or error in the software, but excluding new versions or releases of the software.
2.1 The Support Services shall cover the following:
- Incident investigation;
- Incident resolution;
- certain routine maintenance tasks; and
- provision of applicable Updates to the SaaS Services.
2.2 The Support Services shall exclude (and the Company shall not be required to provide any support in connection with):
- any Incident, or impaired performance or non-performance of any part of the SaaS Services, resulting from the failure of the Partner or Customer (as applicable) or any of its Authorised Users to comply with the Agreement, or any instructions of the Company, or to comply with any specifications or technical requirements relating to the use of the SaaS Services notified by the Company from time to time;
- any Incidents caused by the Customer or Partner (as applicable) or any of its Authorised Users;
- any Incident resulting from the misuse or alteration of the SaaS Services by the Partner or Customer (as applicable) or any of its Authorised Users;
- any Incidents arising from or caused by any third-party software, or any integration or combination of the SaaS Services by the Partner and/or Customer (as applicable) or any Authorised User of such party, with any hardware or software not approved or identified as compatible by the Company;
and the Company shall not be required to provide Support Services where the Authorised Users are not adequately and appropriately trained in respect of the use of the SaaS Services.
- The Partner or Customer (as applicable) shall report an Incident with the Company using the contact details provided by the Company, and following receipt of a report of an Incident, the Company shall log and issue a task number to the Partner or Customer (as applicable) (Task Number).
The Company shall categorise the Incident in accordance with the table set out below:
|P1||Platform and/or server down and SaaS Services unavailable, affecting all users|
|P2||Significant loss of essential functionality, affecting substantial number of users, and causing significant or sustained impact to business operations|
|P3||Loss of functionality or system degraded, causing short-term or moderate impact and which affects a small number of users|
|P4||An error or issue which has little or no effect of functionality, general use questions|
- (a) The Company shall use reasonable endeavours to respond to an Incident logged by the Partner or Customer (as applicable) in accordance with the following Response and Resolution Times, by reference to the categorisation of the Incident.
- (b) Support for P1, P2, P3 and P4 Incidents shall be provided during Business Hours only.
Priority Level Response Time Resolution Time P1 3 Hours 6 Hours P2 6 Hours 12 Hours P3 8 Hours 24 Hours P4 n/a n/a
* Resolution of an Incident may consist of the installation or supply of a workaround (a temporary solution reducing or eliminating the impact of an Incident), or a temporary or permanent resolution to the Incident.
^ Response time is measured from the time that an Incident is logged by the Company and the first response by the Company to the Partner or Customer (as applicable). Response Times for all Incidents shall be measured within Business Hours only. If an Incident is logged outside of Business Hours, the Response time shall commence at the start of the next Business Day.
^^ Resolution time is measured from the time that an Incident is logged by the Company and the first response by the Company to the Partner or Customer (as applicable). Resolution Times for P3 and P4 Incidents shall be measured within Business Hours only. If a P3 or P4 Incident is logged outside of Business Hours, the Resolution Time shall commence at the start of the next Business Day
- (c) The Customer or Partner (as applicable) is responsible for:
- reporting an Incident to the Company and providing all necessary information required in order for the Company to replicate the Incident; and
- ensuring that its internal technical support staff are adequately and appropriately trained in respect of the use of the SaaS Services.
- (d) The Response and Resolution Times shall not begin until the Customer or Partner (as applicable) has provided the Company with all such information required by the Company to investigate the Incident (including all relevant information and circumstances relating to the Incident and in order for the Company to replicate the Incident, and where necessary for incident investigation or resolution, access to the Customer systems).
- (e) The Response and Resolution times set out in the table above are key performance indicators (KPIs) only and failure to achieve any of these KPIs shall not be deemed a breach of the Agreement.
- (f) The Response and Resolution times set out in the table above are applicable only to Customers with a paid Subscription and are not applicable during a Free Trial.
(a) The services provided to each tier of Support Services is set out below (and the relevant tier for the Customer is set out in the Order Form (as referred to in the SaaS Agreement), and is set out in the Partner Agreement for the Partner):
|Knowledge Base Articles||✔|
|Support during Business Hours||✔|
(b) The Company shall use reasonable endeavours to make the SaaS Services available 99.9% of the time in each month, excluding any downtime occurring as a result of:
(i) any planned or emergency maintenance carried out by the Company in respect of the SaaS Services. The Company shall provide at least 24 hours notice of any scheduled maintenance, and the Customer or Partner (as applicable) acknowledges that emergency maintenance may be carried out without notice).
(ii) any outages or disruptions caused in whole or part by any act, omission or default by the Partner or Customer and/or any Authorised User or by any third party;
(iii) any outages or disruptions caused in whole or part by any fault with or unavailability of any third-party software which is integrated with or which interfaces with the SaaS Services;
(iv) any outages or disruptions attributable in whole or in part to a Force Majeure Event (as defined in the Agreement), or any problems with the Customer’s network or internet connection, or any of the Customer’s hardware or other devices used to gain access to the SaaS Services; or
(v) any preventative measures taken to protect the security of the SaaS Services (including to counter a denial-of-service attack or distributed denial-of-service attack) which causes an interruption to the SaaS Services.