On-Premises Software Support Policy

Effective December 2020

The On-Premises Software Support (“Support”) under this Policy will be made available by Circonus during the subscription term for the applicable Software for which a subscription, along with Support, was purchased by Customer under an Order.

  1. Scope of Support.

    Support is comprised of the following:

    1. Circonus will handle Customer’s Notifications of Severity Levels 1, 2, 3 and 4 Issues as described in this Support Policy.

    2. Circonus will provide Customer with access to a Circonus Support portal (the “Support Portal”), currently found at support.cironus.com,) through which Customer may submit Support Tickets.

    3. Customer may also submit a Support Ticket via the standard Support email (the “Support Email”), currently found at [email protected].

    4. The above Standard Contact Mechanisms for submitting Support Tickets are monitored by Circonus during Business Hours. For Customers who experience Severity Level 1 or Severity Level 2 Issues, they may be reported on a 24/7 basis as described below.

    Definitions: As used in this Support Policy, the following terms shall have the meanings prescribed below (capitalized terms not defined herein shall have the meanings prescribed in the Order or its incorporated terms):

    “Business Day” means Monday through Friday, excluding bank holidays generally recognized in the United States.

    “Business Hours” means 9:00am through 6:00pm Eastern Time, Monday through Friday.

    “Documentation” means the then-current product documentation made generally available by Circonus along with the Software.

    “Issue” means: (i) the Software fails to perform materially in conformity with it’s the applicable Documentation and Customer has provided Circonus with reasonably detailed information such that Circonus can replicate the non-conformity; (ii) a technical problem regarding the proper configuration of the Software; or (iii) a how-to question regarding the proper operation of the Software.

    “Notification” means the submission of a Support Ticket from Customer to Circonus by means of a Standard Contact Mechanism, and for Severity Level 1 and Severity Level 2 Issues, the contacting of a Priority Contact in accordance with Section 3 below, and in each instance, otherwise in accordance with Circonus’ policies and procedures for submitting such communications as described in this Policy.

    “Response” means an initial contact from a Circonus representative to Customer to begin the evaluation of the Issue reported under one of the Severity Levels of calls described below. As a prerequisite to Circonus’ obligation to Respond, Customer must follow Circonus’ policies and procedures when submitting a Notification.

    “Standard Contact Mechanism” means the Support Portal or the Support Email (as described in Section (1) above through which a Support Ticket may be submitted to Circonus hereunder.

    “Support Ticket” means a written request submitted by Customer for investigation of an Issue.

    “Updates” means updates of the Software and Ancillary Programs (defined in Section 2(e) below) for repairs (i.e., bug fixes or code corrections) and new releases (i.e., minor and major releases) which are made available by Circonus generally for use by its active customers who are entitled to Support for the Software and Ancillary Programs. Updates do not include products, modules or separate features for which Circonus charges a separate fee to its customers.

    “Workaround” means a solution to an Issue that does not involve a code correction but that once implemented causes the Issue to no longer meet the criteria for that “severity level” in the Severity Levels Chart below. This works as follows:
    (i) a Workaround has been achieved for a Severity Level 1 Issue when a solution has been implemented that downgrades the Issue to a Severity Level 2 or Severity 3 Issue;
    (ii) a Workaround has been achieved for a Severity Level 2 Issue when a solution has been implemented that downgrades the Issue to a Severity Level 3 Issue; and
    (iii) a Workaround has been achieved for a Severity Level 3 Issue when a solution has been implemented that downgrades the Issue such that it no longer meets the definition of a Severity Level 3 Issue. If the Issue involves functionality of the Software, a downgraded Severity Level 3 Issue will become a Severity Level 4 Issue.

  2. Customer’s Responsibilities:

    Customer’s responsibilities include:

    1. Customer shall cooperate with Circonus in seeking responses and/or solutions to any Issues that may arise in relation to the Customer’s use of the Software, which shall include providing reasonably detailed descriptions of alleged Issues and updates on performance of the Software and progress of any efforts Customer has taken in addressing Issues; Customer shall respond promptly to Circonus’ requests for information regarding an Issue;

    2. Customer is responsible for installing Updates to the Software and Ancillary Programs (defined in Section 2(e) below) in a timely manner. In this regard, Circonus is only obligated to provide Support for versions of the Software and Ancillary Programs which were made available by Circonus within the twelve (12) month period prior to Customer’s request for Support. In addition, Customer must install emergency security Updates promptly upon their availability.

    3. Customer shall follow the procedures for Issue reporting described below in “Description of Severity Level 1 Issue Resolution” for all Severity Level 1 Issues and follow the procedures for Issue reporting described below in “Description of Severity Level 2, Severity Level 3 and Severity Level 4 Issue Resolution” for all other Issues;

    4. Customer shall permit the Software to transfer data to Circonus regarding Customer’s configurations to allow Circonus to better identify and help Respond to Issues that may arise. In addition, Customer shall permit Circonus to conduct audits, and permit Circonus to automatically or manually (at Circonus’ option) collect, on demand, various data and information regarding Customer’s use of the Software. Such audit and collection rights shall include (without limitation) the right for Circonus to confirm the number of metrics being submitted to the Circonus Software (including to IRONdb), the number of users who are using particular features, the time spent utilizing the Circonus Software, and other usage and performance data; and

    5. Circonus makes certain ancillary programs available to Customer for use within its computing environment in order to use the Software (“Ancillary Programs”; such as brokers and agents). Customer shall be responsible for: (i) downloading, installing, configuring and updating the Ancillary Programs in a timely manner (see also Section 2(b) above regarding Updates); (ii) maintaining the security and confidentiality of the Ancillary Programs, the Equipment and its computing environment; (iii) meeting or exceeding Circonus’ minimum system requirements for use of the Software and Ancillary Programs; and purchasing, installing, configuring and updating its Equipment in a timely and proper manner. “Equipment” means a hardware and system software configuration which is on Customer’s premises or otherwise under Customer’s control and which is then-supported by Circonus for use of the Software. Additional terms and conditions regarding the Ancillary Programs are set forth in the Master Software Subscription Agreement which is incorporated into the Order.

  3. Description of Severity Level 1 and Severity Level 2 Issue Notification Procedure:

    For Issues which Customer believes to be a Severity Level 1 Issue, Customer shall follow the procedure below:

    1. and/or priority phone number separately provided by Circonus for On-Premises Software Support Customers’ Severity Level 1 and Severity Level 2 Issues (“Priority Contact”). On-Premises Software Support Customers should not utilize the Standard Contact Mechanisms for Notifications for Severity Level 1 and Severity Level 2 Issues, since, except for the Priority Contact, the Standard Contact Mechanisms are monitored only during Business Hours.

    2. A Circonus representative will Respond to the above communication to obtain the relevant information, including the Customer’s name, authorized user’s name, contact telephone number, contact email address and a description of the Issue.

    3. To the extent deemed necessary, a technical resource may call the authorized user to gather further information regarding Severity Level 1 and Severity Level 2 Issues. Such resource will also begin working to investigate and address the Issue via a Workaround or other resolution.

    4. Circonus will review and seek to validate the priority for reported Issues and may adjust the Severity Level to better align with the definitions in this Severity Level Chart below in Circonus’ good faith discretion.

  4. Description of Severity Level 3 and Severity Level 4 Notification Procedure:

    For Issues which Customer believes to be a Severity Level 3 Issue, or for how-to questions which will be deemed a Severity Level 4 Issue, Customer shall follow the procedure below:

    1. Customer will submit a Support Ticket utilizing the Standard Contact Mechanisms during Business Hours.

    2. Support Ticket Notifications for alleged Issues must contain identifying Customer information and a description of the Issue being encountered including Customer’s good faith assessment of the relevant Severity Level (in accordance with the Severity Levels Chart below) and appropriate system details. How-to questions submitted on a Support Ticket will be handled as a Severity Level 4 matter under the Severity Level Chart.

    3. A Circonus representative will Respond via email and, as applicable, may request additional information regarding the Issue.

    4. To the extent deemed necessary, a technical resource may call the authorized user to gather further information regarding the applicable Issues. Such resource will also begin working to investigate and address the Issue via a Workaround or other resolution.

    5. Circonus will review and seek to validate the priority for reported Issues and may adjust the Severity Level to better align with the definitions in this Severity Level Chart below in Circonus’ good faith discretion.

  5. Additional Benefits

    On-Premises Software Support provides customers with personalized account management and strategic guidance.

    A designated Circonus-designated Customer Success Manager will proactively assist with Customer’s Support requests through a weekly review which will address outstanding Issues encountered by Customer. Quarterly business reviews, which Customer must in good faith participate in, are conducted to better learn Customer’s business in order to discuss and consider ways in which to better provide Support. Additionally, Customer will receive periodic one-on-one explanations of new features in the Software along with onboarding assistance and certain training offered to Customer’s users.

    On-Premises Software Support also provides Customer with premium support contact mechanisms and other benefits.

    Customer will also receive access to Circonus Support engineers to assist with the deployment, configuration and subsequent operation of any Circonus on-premises software.

  6. Severity Levels Chart

    Circonus will exert commercially reasonable efforts to Respond to Customer’s Notification of Issues in accordance with the following Severity Level Chart:

    Severity Level* Contact Mechanism Target Response Time**
    1: Emergency – Software is down or there is a major malfunction resulting in a product inoperable condition. Users are unable to reasonably perform their important day-to-day functions; the affected functionality is mission-critical to the Customer’s business; and the situation is reasonably considered an emergency Priority Contact per Section 3 above 30 minutes
    2: Critical – Critical loss of functionality or performance in the Software resulting in a high number of users unable to perform their important day-to-day functions. There is a major feature/product failure in the Software such that, while the Software is usable, it is severely limited. Priority Contact Per Section 3 above 1 hour
    3: Moderate – Moderate loss of functionality or performance in the Software resulting in multiple users impacted in their important, day-to-day functions. There is a minor feature/product failure or a minor performance degradation. Standard Contact Mechanism

    Business Hours

    		2 Business hours
    4: Minor – Minor loss of functionality in the Software; product feature request, and how-to questions.

    “How-to” questions may include questions related to one or multiple modules of the Software; integration, installation and configuration inquiries regarding the Software, enhancement requests, or documentation questions.

    		Standard Contact Mechanism

    Business Hours

    		2 Business Days

    * An Issue shall not be deemed to have occurred if the reported problem is caused by a factor or event described in, or is otherwise excluded under, Section 7(a) below. For purposes of Support, the “Software” means the production version of the Software.

    ** Response Time is measured from receipt of Notification of the alleged Issue.

    *** By way of clarifying examples: If a Customer Notifies Circonus of a Severity Level 1 or 2 Issue at any time (pursuant to Section 3 above), then Circonus’ target Response Time will be either 30 minutes or 1 hour (as applicable) on a 24/7 basis. If a Customer Notifies Circonus of a Severity Level 3 Issue at 5:00 p.m. on a Business Day (i.e., 1 hour before the end of the Business Day), then Circonus’ target Response Time will be 4 Business Hours, meaning by Noon on the following Business Day. If a Customer Notifies Circonus of a Severity Level 3 Issue at 7:00 p.m. (i.e., after Business Hours), then Circonus’ target Response Time will be 2 Business Hours from 9:00 a.m. the following Business Day.

  7. Exclusions and Additional Terms

    1. Support Exclusions. Circonus has no obligation to provide Support for reported items which are not confirmed by Circonus to be an Issue in the Software. For the avoidance of doubt, Support does not include: (i) the provision of professional services, such as implementation, installation, configuration, or integration services; (ii) onsite support; (iii) out of pocket expenses incurred by Circonus in providing Support; (iv) custom software development or programming services; (v) support for customizations or modifications developed specifically for Customer; (v) training; (vi) assistance with Customer’s administrative functions; (vii) support for third party products, Customer’s “homegrown” programs, Customer’s network or other software or hardware components of its computing environment; (viii) support for hardware; (ix) support resulting from Customer’s misuse of the Software or breach of its obligations or requirements under this Policy or the MSA, including where Customer utilizes configuration settings that were not approved in advance by Circonus; (x) any support or services outside the scope of support described in this Support Policy; or (xi) support for problems caused by factors outside of the reasonable control of Circonus, including internet and power outages or delays in telecommunications or third party services.

    2. This Support Policy is subject to the terms and conditions of the Order entered into between Circonus and Customer and the underlying On-Premises Software Master Subscription Agreement (“MSA”). In the event of any conflict, the terms of the Order and MSA shall control.

    3. This Support Policy is subject to change from time to time by Circonus; provided, however, that Circonus shall not reduce the level or standards of Support described in this Support Policy in any material respect for the duration of Customer’s then-current committed subscription term. Customer will be notified of any material changes via the Support Portal or an email to Customer’s business and technical contacts (which shall be provided to Circonus upon execution of each applicable Order).

    4. References in this Support Policy to Circonus email addresses and URLs are subject to change and shall be deemed to include successor email addresses and URLs.