This Support Policy (this “Policy”) describes the support obligations of Orkes, Inc., a Delaware Corporation (“Orkes”) for each customer (“Customer,” and together with Orkes, the “Parties,” and each, a “Party”) who has entered into and are party to that certain Orkes Cloud Services Agreement (“Cloud Services Agreement”) and who have purchased support services in connection with the Cloud Services Agreement. Capitalized terms not defined in this Policy have the meaning set forth in the Cloud Services Agreement.
1.1 Support Services. Orkes offers the support services (“Support Services”) described in this Policy.
1.2 Support Services Channels. Orkes shall provide the Support Services through its online support portal (“Support Portal”). Following submission of a Support Ticket (defined below), Orkes will communicate with Customer using email, the Support Portal, or video conferencing. Any necessary telephone support discussions will be scheduled in advance at a time mutually agreed by the parties and for durations and at a frequency that is commercially reasonable for Orkes. Support Services will be provided in English. For the purposes of this Policy, “Support Ticket” means a technical issue affecting Customer’s ability to utilize or access the Services, as further described in Section 1.3.
1.3 Services Performance. If during any full calendar month of the term of the Cloud Services Agreement, the Percentage Uptime described above in Section 1.1 is lower than 99.9% (with respect to Plan A) or 99.0% (with respect to Plan B), and Customer notifies Orkes in writing about such failure within three (3) days following the occurrence of such failure, Orkes shall provide Customer with a service credit in accordance with the applicable Service Credit Percentage (%) set forth in the applicable table, below, in accordance with the SLA plan purchased by Customer. The service credit shall be calculated against monthly fees for the Service (as applicable) and shall be used to offset future Service fees (as applicable).
| Support Ticket Classification | Description |
|---|---|
| Catastrophic Support Ticket (P1) | The Services are unusable or unavailable for a significant number of Customer Users, or mission- critical functionality of the Services are unusable or unavailable. A full Services outage is an example of a Catastrophic Support Ticket. |
| Critical Support Ticket (P2) | The Services experience a significant malfunction, which materially impacts a portion of the functionality or the population of Customer Users. Intermittent Services outage is an example of aCritical Support Ticket. |
| Important Support Ticket (P3) | The Services experience a non-critical malfunction, which does not materially impact the functionality of the Services. |
Orkes will provide a written notice of receipt of the Support Ticket report by email. Orkes will execute the following in accordance with the Support Response Expectation Table, below:
Orkes will use reasonable efforts to respond to reported Incidents during the response times set forth in the Support Response Expectation Table, below. Customer understands and agrees that resolution of a Support Ticket is not guaranteed and may not occur.
Support Response Expectation Table
Support Response Plan
| Support Ticket Classification | Basic | Standard | Premium |
|---|---|---|---|
| Catastrophic Support Ticket (P1) | Within 3 business days | Within 8 business hours | Within 4 hours |
| Critical Support Ticket (P2) | Within 5 business days | Within 1 business day | Within 8 hours |
| Important Support Ticket (P3) | Within 7 business days | Within 2 business days | Within 24 hours |
Orkes will use commercially reasonable efforts to provide the “Basic” Support Response Plan to Customers during a Free Trial period.
*Business hours and business days are in the US Pacific Timezone