Client will appoint a technical liaison to communicate with SimpliGov with respect to the resolution of technical problems (the “Liaison“), who shall complete reasonable training with SimpliGov to enable the Liaison to train users and correct problems caused by user error, assist users with the resolution of known issues, and obtain sufficient information from user’s to adequately report problems to SimpliGov. Client may change such liaison from time to time at reasonable intervals upon written notice to SimpliGov and completion of applicable training by the successor Liaison. SimpliGov will not be obligated to respond or provide technical support to any person other than the designated liaison.
2. Technical Support Hours and Methods
SimpliGov shall use commercially reasonable efforts to provide email and phone technical support to Client’s Liaison during regular business hours, M-F 9 a.m. to 5 p.m. Pacific Time. Problems may be reported any time, however, SimpliGov will not be obligated to assign work after business hours (9 a.m. to 5 p.m. Pacific Time) to problems that are not classified as Priority 1/ASAP.
SimpliGov observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day.
Upon receiving a call or request, SimpliGov will classify and prioritize the problem according to the following criteria (it being understood that in the event that SimpliGov completes a workaround that relegates the applicable problem to a lower priority level, the service levels applicable to that lower priority level will apply going forward):
|Priority||Description||Response time||Target Resolution Time|
|Priority 1/ – ASAP||The issue renders the mission critical real-time processing features and functionalities of the SimpliGov Automation Platform Services completely unavailable, unresponsive, or inoperable, and there is no workaround.||4 business hours||1 business day|
|Priority 1||Process cannot complete and there is no workaround, but the condition does not interrupt all functions of the SimpliGov Automation Platform Services.||1 business day||10 business days|
|Priority 2||Process cannot complete, but there is a workaround that allows Client to use the SimpliGov Automation Platform Services.||2 business days||15 business days|
|Priority 3||This priority addresses “cosmetic” type calls with no financial or processing impact.||5 business days||One month|
5. Client Responsibilities
During the Subscription Term, Client shall: (i) provide supervision, control and management of the use of the SimpliGov Automation Platform Services; (ii) document and promptly report all errors or malfunctions; and (iii) take all steps reasonably necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from SimpliGov.
6. Scheduled Downtime
When needed, SimpliGov will schedule downtime for routine maintenance or system upgrades (“Scheduled Downtime“) for the Service. SimpliGov shall exercise commercially reasonable efforts to schedule Scheduled Downtime outside of peak traffic periods. SimpliGov will use commercially reasonable efforts to notify Client’s designated contact at least one calendar week prior to the occurrence of Scheduled Downtime.
7. Uptime Commitment
A. The Services will be accessible 98% of the time, 7 days per week, and 24 hours per day (“Uptime Commitment“), as calculated over a calendar month. Uptime Commitment shall not apply to, and SimpliGov will not be responsible for, any downtime which: 1) lasts less than 15 minutes; 2) results from Scheduled Downtime; 3) results from the failure of communication or telephone access service or other outside service or equipment or software not the fault of SimpliGov, including without limitation general network outages; 4) is caused by a third party not under SimpliGov’s control; 5) is a result of causes beyond the reasonable control of SimpliGov; or 6) results from failures of the system or the Client API Kit.
B. If SimpliGov fails to meet its Uptime Commitment in any given month, Client’s sole remedy and SimpliGov’s entire liability will be for SimpliGov to credit Client’s account with “Service Level Credits”, to be applied against Client’s next billing period as follows:
|No. of Hours Below Uptime Commitment||Service Level Credits|
|1 hour to 2 hours||1 day prorated monthly Subscription Fees|
|> 2 hours to 24 hours||3 days prorated monthly Subscription Fees|
C. To receive a Service Level Credit, Client must submit a written request for a Service Level Credit to Client’s designated account manager or the SimpliGov support team. To be eligible, the request must (i) include the dates and times of each incident of downtime experienced by Client in the preceding month; and (ii) be received by SimpliGov within ten business days after the end of the billing cycle in which the downtime occurred.
D. Upon receipt of a Service Level Credit request in compliance with the above requirements, SimpliGov shall have 30 days to review the request and to validate the information provided. If SimpliGov determines in good faith that the Services failed to meet the Uptime Commitment as alleged in such a request, then SimpliGov will apply such Service Level Credits to Client’s immediately succeeding billing period. Client’s failure to comply with the provisions of Section 2.C. above will disqualify it from receiving a Service Level Credit.