WORKVIVO SUPPORT POLICY

This Workvivo support policy applies to any customer (existing or renewing) who signed up to an initial subscription prior to 18 October 2024 only. For new customers after 18 October 2024, any applicable support terms shall be as set out in the relevant master subscription agreement or Order Form between the parties
 

The purpose of this policy is to outline how Workvivo provides and supports its cloud based Software application service (“Service”) to all Customers. The Service is a multi-tenant service where common practices and procedures apply across all customers which allows for higher resilience and improved quality and performance.    

1.    Incident Logging 
A Customer’s Authorised Support Users may submit Incidents to the Help Desk as agreed in your MSA & Support Policy. Incidents are submitted via our Help Desk on support.workvivo.com. Each Incident will be given a unique Incident log number which will be passed to the Customer. Workvivo undertakes to aid the resolution of Incidents as rapidly as the circumstances allow and based on the terms of this Support Policy. Resolutions may take the form of a repair, bypass or other reasonable solution agreed between Workvivo and the Customer. 

2.    Incident Reporting 
Monthly reports in relation to support Incidents will be provided to the Customer at Customer’s request. Monthly support service reports to include the following: 1) Summary of open Incidents and status 2) Volume of open and closed Incidents 3) Breakdown of Incidents by priority/module and 4) Performance against service levels   

3.    Incident Prioritisation 
Each Incident is given a priority of 1, 2 or 3 (“Priority”) based on the severity of the Incident and the Services being provided. Each Incident will be assigned an initial Priority by the Customer. This initial Priority will then be validated by Help Desk personnel who will notify Customer in the case of any proposed change of priority.    

4.    Incident Response and Fix Times 
The Response and target Fix times for each Incident based on Priority are outlined in the table below. The times in the table below are the elapsed period from the time the Incident was logged by Help Desk personnel until the Incident is responded to or closed.  
 

5.    Service availability
Workvivo’s monthly service availability (‘’Availability’) is as follows: 
 

Availability is calculated using the following formula:

(Total minutes per calendar month – Downtime minutes per calendar month) x 100%.    

Total minutes per calendar month 

Service Downtime (“Downtime”) is the total unplanned outage of the Service calculated in minutes during a calendar month. The measurement of Downtime commences when an Incident is identified by Customer to Workvivo via the Workvivo Help Desk (“Help Desk”).  Downtime ends when the fault is cleared by Workvivo.   Downtime shall not include; (i) Service being modified or altered in any way (including the Equipment, connections, routing plan, applications or test Equipment or the mapping of applications) either at Customer’s request or by Customer or any party other than Workvivo; (ii) any period of Maintenance; (iii) a Failure or Fault not attributable to the Service, including but not limited to Faults attributable to the Customer’s Equipment, including hardware, software or network;  

6.    Service Credits 
In the event of failure by Workvivo to meet the Availability levels outlined in this Support Policy, Customer shall be entitled, as its sole and exclusive remedy and at Customer’s request, to the following service credits:
 

Only measurements carried out by Workvivo as per the Incident management process shall be used in the calculation of all the service credits offered in this Schedule unless the Customer can evidence that such measurements are incorrect. The Customer must request a credit in writing no later than fourteen (14) days after the end of the affected month.  

7.    Maintenance Window
Workvivo undertakes to update the software from time to time (Friday 22:00 to Saturday 01:00 GMT) incorporating enhancements and improvements in performance and reliability whenever such new versions become available.

8.    Backup Procedure and Disaster Recovery Levels 
Workvivo’s Backup Procedures and Disaster Recovery levels within the Service are outlined in the table below. 

Backups:
 

Disaster Recovery:

9.    Service Security 
Customer is responsible for the security and proper use of all user id’s and passwords, which are used in connection with the Service (including changing such passwords on a regular basis), and must take all necessary steps to ensure that they are kept confidential, secure, used in accordance with the Customer obligations as set out in the Master Subscription Agreement and not disclosed to unauthorised people.  

10.    Service Scope 
Workvivo shall not be liable for any failure to meet the Service levels specified in this policy if the Customer has not complied with the terms and conditions of this policy or the Master Subscription Agreement. The Service levels specified in this policy shall not apply if the Customer does not provide or delays providing information or access, as requested, to Workvivo.  In case of an Incident whereby the Incident might be caused or is caused by Customer’s other software applications or Customer’s Equipment, Workvivo will transfer the Incident back to the Customer. If Workvivo performs any repair activities in case of an Incident and Workvivo discovers that the Incident is due to (mal)functioning of the Customer’s other software applications or Customer’s Equipment, the Customer may be charged by Workvivo for the repair activities.

11.    Support Policy Definitions

“Equipment” means any technical resources attached to or utilising the Service e.g. hardware, software or communications resources.
“Failure” means the non-performance of relevant Equipment or personnel.
“Fault” means the cause of an Incident or Failure.
“Help Desk” means the Workvivo personnel or technical resources provided to the Customer in order to interface to the support Service.
“Incident” means an issue which is a Software or Service defect which results in Service failure or interruption.
“Maintenance” means any scheduled and emergency maintenance carried out on the Service from time to time.
“Master Subscription Agreement” means the terms of service or other master agreement between the parties.
“Response” means the time between the receipt of the incident from the Customer and the initial response from the Help Desk.
“Software” means computer software program(s) in executable code or any separate part thereof, any source code, and the supporting documentation to be provided by Workvivo to the Customer under this Agreement.