Terms and Conditions
THE FOLLOWING SUPPORT SERVICES TERMS AND CONDITIONS WILL BE LEGALLY BINDING ON CLIENT UPON EXECUTION OF AN AGREEMENT WITH FOODLOGIQ. CLIENT SHOULD CAREFULLY READ THE FOLLOWING SUPPORT SERVICES TERMS BEFORE EXECUTING THE AGREEMENT.
These Terms and Conditions were last updated on March 1, 2023.
FoodLogiQ will provide the technical support and maintenance services (“Support Services”) in accordance with these Terms and Conditions at no additional charge. These Terms and Conditions are hereby incorporated into the applicable Master Subscription Agreement and Order Form.
- Service Level Commitment.
- Service Level Availability. FoodLogiQ will make all FoodLogiQ Applications available to Client for at least ninety-nine and one half percent (99.5%) of the time (determined monthly on a calendar basis), seven (7) days a week, twenty-four (24) hours per day, not including any unavailability that (i) results from maintenance communicated in advance or (ii) results from the poor performance of, or failure of, internet service or other outside service, software or equipment not within FoodLogiQ’s control (“Service Level Availability”). FoodLogiQ test environments are expressly excluded from this or any other service level commitment. FoodLogiQ shall give at least forty-eight (48) hours electronic notice of any planned downtime and FoodLogiQ shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Eastern time.Service Level Availability Reporting. On a monthly basis, the Availability Metric will be measured using the measurable hours in the month (total time minus planned downtime, including maintenance, upgrades, etc.) as the denominator. The numerator is the denominator value minus the time of any outages in the quarter (duration of all outages combined) to give the percentage of available time. An “outage” is defined as two consecutive monitor failures within a five-minute period, lasting until the condition has cleared.
- Service Level Availability Commitment and Credit. In the event the Availability Metric drops below 98.0% in any given calendar month, and upon Client’s written request, FoodLogiQ will provide Client a credit equal to ten percent (10%) of the pro-rated, monthly portion of the annual Subscription Fees for the specific affected Service (i.e., the annual Subscription Fees for the serviced divided by 12) for such month (a “Service Credit”). Claims under this section must be made in good faith and be submitted in writing within sixty (60) days after the end of the relevant month. The maximum amount of Service Credits in any month shall not exceed ten percent (10%) of the pro-rated, monthly portion of the annual Subscription Fees for the specific affected Services and for that calendar month. The maximum amount of all Service Credits each year shall not exceed ten percent (10%) of the annual Subscription Fees for the specific affected services for that year.
- Support Services. Telephone support is available on weekdays, excluding holidays, from 7:00am EST to 7:00pm EST in English. Client can also submit cases over the web, e-mail, or within the application on weekdays, excluding holidays. Upon case submission, Client will be asked to provide company name, contact information and case details, and each case will be assigned a unique case number. Cases will be logged by a Support Representative for later response by the appropriate support team.
- Reproducing Errors. Client agrees to cooperate and work closely with FoodLogiQ to reproduce errors, including conducting diagnostic or troubleshooting activities as reasonably requested and appropriate. Also, subject to Client’s approval on a case-by-case basis, Client may be asked to provide remote access to Client’s FoodLogiQ account for troubleshooting purposes.
- Escalation/Severity Levels. Issues and errors will be prioritized by Severity Level as defined below. FoodLogiQ will use commercially reasonable efforts to resolve all identified issues in a timely manner (i.e., as quickly as possible without delay) so as to minimize disruption to Authorized Users as much as possible. At a minimum, FoodLogiQ agree to acknowledge the issue and begin actively working towards resolution within the following response timeframes based on priority. FoodLogiQ will use commercially reasonable efforts to promptly resolve each case. Actual resolution time will depend on the nature of the case and the resolution. A resolution may consist of a fix, workaround or other solution in FoodLogiQ’s reasonable determination.
|Severity Level||Description and Examples||Response Time||Target Delivery of Resolution or Action Plan|
|Level 1 – Critical||Critical production issue affecting all users, including Services unavailability and data integrity issues with no workaround available.||Within one (1) hour of notification||Within three (3) hours of notification|
|Level 2 – Urgent||Major functionality is impacted or significant performance degradation is experienced. Issue is persistent and affects many users and/or major functionality. No reasonable workaround available. Also includes time-sensitive requests such as security issues, requests for feature activation or a data export.||Within four (4) hours of notification||Within twelve (12) hours of notification|
|Level 3 – High||Services performance issue or bug affecting some but not all users. Short-term workaround is available, but not scalable.||Within one (1) business day of notification||Within three (3) business days of notification|
|Level 4 – Medium||Inquiry regarding a routine technical issue; information requested on application capabilities, navigation, installation or configuration; bug affecting a small number of users. Reasonable workaround available. Resolution required as soon as reasonably practicable.||Within three (3) business days of notification||If a defect, within twenty (20) business days of notification|
- Excluded Items. Support Services do not include any of the following:
- Assistance in developing user-specific customizations;
- Assistance with Non-Vendor products, services or technologies, including implementation, administration or use of third-party enabling technologies such as databases, computer networks or communications systems;
- Assistance with installation or configuration of hardware, including computers, mobile devices, hard drives, networks or printers.
- Managed Services or Professional Services as defined in Section 1 of the Master Subscription Agreement.
- Support for user access originating in certain countries, including but not limited to China and all countries subject to embargo and/or sanction by the United States, or for any use in violation of any applicable U.S. law or regulation.