SUPPORT AND AVAILABILITY POLICY
Last updated: 10th August 2023
This Support and Availability Policy (“SAP”) is subject to and made a part of the ConstructN Terms and Conditions located at https://constructn.ai/terms-conditions (the “Terms”). In the event any provisions of this SAP contradict or are inconsistent with the provisions of the Terms, the provisions of this SAP shall prevail and govern with respect to the Support Services provided pursuant to this SAP. All capitalized terms used in this SAP and not otherwise defined in this SAP shall have the meanings ascribed thereto in the Terms.
1.1 “Downtime” means the number of minutes during which the ConstructN Solution is NOT available for use by Customer in an applicable Service Period, excluding: minutes of unavailability during the Maintenance Period, emergency maintenance, and unavailability due to any downtime or performance issues resulting from third party connections, services or utilities, or other reasons beyond ConstructN’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving ConstructN employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within ConstructN’s possession or reasonable control, and denial of service attacks.
1.2 “Error” means a reproducible failure of the ConstructN Solution to comply in a material respect with the applicable specifications set forth in the Documentation.
1.3 “Maintenance Period” means 24 Hours during which time ConstructN may conduct scheduled maintenance.
1.4 “Service Availability” means the number of minutes that the ConstructN Solution is available for use by Customer in an applicable Service Period.
1.5 “Service Period” means twenty-four (24) hours per day Monday through Sunday of each calendar month, excluding any Maintenance Period.
2. Service Level Commitments
2.1 Service Availability Target. For each calendar month, the Service Availability target for the ConstructN Solution is 99.0% (the “Availability Target”).
2.2 Service Availability Measurement and Monitoring. The Service Availability measurement shall be applied to the production environment, and the points of measurement for all monitoring shall be the servers and the Internet connections at ConstructN’s hosted environment. ConstructN will be responsible for monitoring, measuring, and recording Service Availability. Customer, at its discretion, may also employ monitoring tools for the purposes of calculating Service Availability.
2.3 Calculation. Service Availability for a given month shall be calculated using the following calculation:
Service Availability % = (Service Period – Downtime)/Service Period
2.4 Credits. If the Availability Target for an applicable calendar month is not met then Customer shall be entitled to a credit (“Service Credit”) calculated as follows:
The Service Credit shall be determined by: (a) Multiplying (i) the amount of the fees for the affected Customer Site as a percentage of the fees for all other Customer Sites under the same Order Form, by (ii) the total ConstructNfees for the applicable Order Form; (b) Dividing that value by the applicable Order Form’s duration (in months); and (c) Multiplying that value by the applicable Credit Percentage set forth below.
||Service Availability in the Relevant Service Period
||Less than 99.0% but greater than or equal to 97.5%
||Less than 97.5% but greater than or equal to 95.0%
||Less than 95%
Customer shall only be entitled to receive the Service Credits set forth in this Section 2.4 if Customer notifies the ConstructN Support Line (as defined below) within seventy-two (72) hours of the occurrence of the applicable Downtime. If Customer fails to provide the applicable notice, then Customer shall not be entitled to receive the applicable Service Credit. Service Credits shall be applied to the subsequent billing cycle. The accrual of any Service Credits shall not entitle Customer to a refund of any fees paid, provided, that if Customer’s subscription to use the ConstructN Solution expires or is terminated such that a Service Credit cannot be applied, Customer will have the option to receive up to one free month of access to the ConstructN Solution as its sole remedy in lieu of such Service Credit.
2.5 Support Services. Support hours are Monday through Friday, 8:00 A.M. to 6:00 P.M. CST within the continental United States (the “Support Hours”). ConstructN shall, during the Support Hours, use commercially reasonable efforts to respond to and resolve all Errors reported by Customer. ConstructN shall provide e-mail and live chat support to Customer through ConstructN’s Solution portal. If the ConstructN Solution becomes substantially unavailable to Customer due to defects with the ConstructN Solution, ConstructN will respond to Customer (a) within eight (8) hours from Customer’s notification to ConstructN of such unavailability, if during the Support Hours; or (b) within eight (8) hours of the start of the next business day, if outside of the Support Hours. Any other Support Services are outside of the scope of this policy and must be separately agreed in writing by Customer and ConstructN.
3. System Maintenance
3.1 Scheduled Maintenance. ConstructN will provide all hosted systems and network maintenance as deemed appropriate and necessary by ConstructN to provide the ConstructN Solution to Customer in accordance with the terms of this SAP and the Terms. ConstructN shall use commercially reasonable efforts to perform maintenance during the applicable Maintenance Period. Maintenance activities include, but are not limited to, the installation of updates, service packs and routine server and application configuration changes. During each Maintenance Period, Customer may experience intermittent interruptions. ConstructN will use commercially reasonable efforts to minimize the frequency and duration of these interruptions.
3.2 Emergency Maintenance. Emergency situations will be handled on a case-by-case basis in such a manner as to cause the least possible disruption to overall system operations and availability without negatively affecting system stability and integrity. ConstructN will attempt to notify Customer promptly of required emergency maintenance, however if no contact can be made, ConstructN management may perform required emergency maintenance without notice to Customer.
4. Customer Responsibilities
4.1 Customer shall report all suspected Errors to ConstructN’s support staff in accordance with the terms set forth herein. Reports will include, at a minimum, reasonably detailed documentation and explanation to substantiate Errors and to assist ConstructN in its efforts to diagnose, reproduce and correct the Error.
4.2 Customer shall assist ConstructN in ConstructN’s efforts to resolve confirmed Errors reported by Customer as reasonably necessary for ConstructN to perform its obligations pursuant to this SAP.