This section applies to support for using hosted infrastructure with Privy.
This Support and Availability Policy (the “Policy”) sets forth the policies and procedures with respect to services (the “Service”) provided by Privy to a customer (“Customer”) pursuant to a separate Service agreement between Privy and Customer (a “Customer Agreement”).
As further described below, Privy will use commercially reasonable efforts to provide Customer with 99% availability to the Service (the “Service Availability”).
If the Service becomes substantially unavailable to Customer due to defects with the Service, Privy will respond to Customer (i) within eight (8) hours from Customer’s notification to Privy of such unavailability, if during normal business hours (Monday-Friday, 9:00am – 5:00pm Eastern), and (ii) within twelve (12) hours from Customer’s notification outside of normal business hours. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime or performance issues resulting from third party connections, services or utilities or other reason beyond Privy’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 Privy employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Privy’s possession or reasonable control, and denial of service attacks). If the Service is unavailable to Customer due to defects with the Service beyond the Service Availability metric, then, as Customer’s sole and exclusive remedy (and Privy’s sole liability), Privy will provide Customer a credit for the subsequent Service billing cycle as follows:
|97% – 99%||10%|
|95% - 97%||50%|
In order to receive downtime credit, Customer must notify Privy support within one (1) month from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. All credits provided hereunder are nonrefundable. If Customer elects not to renew the Agreement, such that the above credit cannot be applied, Customer will have the option to receive up to one free month of Service as its sole remedy in lieu of such credit. For clarity, no credits shall be due or owing with respect to any period during which Customer does not pay fees for the applicable Service.
Privy will provide support to Customer for defects with the Service in accordance with the Service Plan selected by Customer. Any other support services are outside of the scope of this policy and must be separately agreed in writing by Customer and Privy. Customer will have access to support contacts through [email protected] and dedicated messaging channels. All support requests must come through these approved channels or the Designated Support Contacts.