1. CONTEXT
As part of the CoreMedia Content Cloud - Service CoreMedia also provides Support Services as defined in section Support Terms.
For Product Software, any Add Ons and Cloud Tools Support Services are rendered as set out in Exhibit 2, Support Terms.
2. SUPPORT TERMS
1. The Subscriber shall name 1 – 5 designated contacts (“Designated Contacts”) before using the Support Services. The Designated Contacts are point of contacts between the Subscriber and CoreMedia for Support Services. The responsibility of Subscriber`s Designated Contacts includes the following:
a) Managing the Subscriber’s entire support requests;
b) Conducting Subscriber`s first level support to Subscriber`s personnel;
c) Managing Subscriber`s user management (e.g. rights, roles and passwords)
The Subscriber shall inform CoreMedia if there is a change to any of the Designated Contacts. Except as set forth in this Agreement, the Designated Contacts are the sole point of contact between the Subscriber and CoreMedia.
2. CoreMedia offers Support Services for requests from Subscriber`s Designated Contacts in connection to the Product Software, any Add Ons and the Cloud Tools (“the Request”). Support Services will be provided by telephone or by e-mail during business hours. Business hours are Monday to Friday from 9:00 to 17:00 h CET, with regularly applicable statutory public holidays in Hamburg, Germany being excluded (the “Business Hours”).
3. In addition to the Support Services stated above, CoreMedia renders Support Services outside of Business Hours 24 hours 7 days for Severity 1 (“Critical”) Requests (as defined below in Severity and Response Times). Such Critical Requests shall solely be reported via phone and will be taken by CoreMedia support personnel.
4. CoreMedia will assign to each Request the severity level as stated below (the Severity Level”). CoreMedia may be entitled to reject any Requests made by persons other than Designated Contacts or Requests made through unauthorized channels (i.e., phone calls).
5. The Parties agree on the following response time (the “Response Time”) in regard to Requests made by Designated Contacts through an applicable authorized channel and in regard to the Severity Level described below. Response Time shall mean the interval of time from when a Designated Contact Request is reported to when a Request is initially accepted by CoreMedia personnel.
Severity of a Request and Response times
| Severity Level | Description |
| 1 - Critical | Partial or complete Production Service failure: A Production Service is completely down and is not operational, or the operation of a mission critical application is severely impacted by the problem and work cannot reasonably continue. Business operations have been severely disrupted. No procedural workaround is available. |
| 2 - Serious | Significant operations impairment: A problem has occurred in which a major functionality is severely impaired, or use of the Production Service is severely limited, but no Production Service is continuously down. Operations can continue in a restricted fashion, although long-term productivity may be adversely affected. The business impact is significant. |
| 3 - Moderate | Minor errors which do not affect usability: Situations where there is a problem, but the CoreMedia Content Cloud – Service is still usable. The problem can be reasonably circumvented. Adverse effects on business operations are limited. |
| 4 - Minor | errors/suggestions without immediate effect on the Subscriber’s operations Minor problems that have minimal business impact. A condition or Documentation error that has no significant effect on the Subscriber’s operations. A suggestion for new features or an enhancement regarding the CoreMedia Content Cloud – Service. |
CoreMedia will use commercially reasonable efforts to respond to each Request according to the following targeted Response Times:
| Severity Level | Response Time |
| 1 - Critical | 2 hours |
| 2 - Serious | 4 Business Hours |
| 3 - Moderate | 8 Business Hours |
| 4 - Minor | 2 business days |
6. In the event of errors or defects of the Services, the Subscriber shall inform CoreMedia as soon as possible, in as much detail as possible and with a description of the symptoms of the errors or defects, of the conditions of use, preceding instructions and other measures taken by the Subscriber. The Subscriber shall follow CoreMedia`s instructions with regard to the reporting of errors or defects and shall use the guidelines, checklists, web forms specifically provided by CoreMedia from time to time.
7. CoreMedia is not obligated to remedy any errors or defects that are caused (in full or in part) by unauthorized alterations or modifications to the Services made by the Subscriber or the Subscriber`s Users or due to the Subscriber equipment or facilities.
8. CoreMedia can refuse to remedy the error or defect if the Subscriber is in arrears with respect to unpaid and undisputed amounts due to CoreMedia.
9. Upon reasonable prior notice to the Subscriber, CoreMedia reserves the right at any time and from time to time to modify or amend the Support Services (or parts thereof).
3. SERVICE LEVEL
- CoreMedia will provide the Subscriber with a monthly report on the availability of the CoreMedia Content Cloud – Service covered by this Agreement as stated below. This reporting forms the basis for any potential service level credits.
- The following service level credits shall apply if CoreMedia is not compliant to the agreed “Service Level Objectives – Delivery” (“Service Level Credit”):
| | Definition |
| Service Level Objective – Delivery | 99.9 % per month |
| Specification | Service Level Objective – Delivery defines the availability of Delivery Units and active Burstable Delivery Units (the “Availability”): Availability is considered to be given if the CoreMedia Content Cloud - Service is no longer able to answer Subscriber queries, i.e. when all redundant Delivery Units are no longer available (following also “Unavailable”). Availability is determined by monitoring. The following times are excluded from Availability: · Failures caused by Subscriber adaptations or inappropriate use. · Failures caused by third-party systems provided by the Subscriber · Failures caused by exceeding the Usage Limits. · Planned and communicated maintenance times as stated in section 5.1. of Exhibit 2. |
If the Service is Unavailable in accordance to the Service Level Objective – Delivery, the following Service Level Credit shall apply:
| Availability | Service Level Credit |
| The Service Level Objective Delivery is Unavailable within a billing month for more than 45 minutes | 10% of the fixed CoreMedia Content Cloud - Service Fees for that month (not taking into account additional Fees for Add Ons, Additional Services, Professional Services) |
| The Service Level Objective Delivery is Unavailable within a billing month for more than 3.5 hours | 20% of the fixed CoreMedia Content Cloud - Service Fees for that month (not taking into account additional Fees for Add Ons, Additional Services, Professional Services) |
The Service Level Credits will be paid to the Subscriber as a credit to be deducted in the next issued invoice. Should the contract not be renewed, the credit will be refunded within 30 days of termination.
