Customer Support Policy

Last updated: April 13, 2023

1.1. Customer Support Definitions

• Business Hour: means each hour during a Business Day.

• Business Day: means 9:00 a.m. and 5:00 p.m. Eastern Standard Time on a Monday through a Friday, excluding local public holidays.

• Error: means any Severity Level S1 error, Severity Level S2 error, Severity Level S3 error or Severity Level S4 error, each as defined in the Error Severity Definition Table below.

• Product or Software: means either Fairmarkit’s Cloud Offerings or Fairmarkit’s API, as applicable to Customer’s Subscription.

• Online Support: In Platform case management - Fairmarkit allows customers the ability to access support directly from our platform. This allows customers to submit cases at any hour of the day. The customer can set the case priority as well as attach screen captures that will aid in investigation. Updates from Customer Support will result in email alerts to the customer contact email address. When logged into Fairmarkit, simply clicking the “Support” link at the top right of the page will provide the option to open the ticket creation process via the online support portal.

• Email Support: Customers may also access support by sending an email to [email protected] any time of the day.

• Telephone Support: Fairmarkit support personnel are available by telephone to receive support requests. The phone number for support in the USA is [phone] option 2 unless otherwise directed by your Customer Success Manager.

1.1.1. Error Severity Definition Table

Severity Level	Description
Urgent	Production System outage Fairmarkit’s cloud system is unavailable and/or inaccessible, and no workaround is available. Program is unusable resulting in total disruption of operations. No workaround is available.
High	Major feature/function failure Operations are severely restricted – Necessary operational tasks cannot be performed. Major disruption of work in certain parts of the platform; Other platform features are still functional. No acceptable workaround available.
Normal	Minor feature/function failure Program does not operate as designed. Minor impacts on usage of normal business processes are affected. Acceptable workaround deployed.
Low	Minor Impact Documentation, general information, general questions, enhancement request, etc. There is no impact on the product’s existing features.

1.2. Service levels

During the Subscription Term, Fairmarkit shall provide Customer with Service Levels consisting of the following: (i) online, email, or telephone support regarding use and deployment of the Product in accordance with the table below; (ii) Major and Minor releases of the same Products licensed by Customer during the subscription (“Maintenance”) and support with respect to Errors as set forth below.

Support is available only in English.

1.3. Error Designation

Fairmarkit’s support personnel will (a) verify Customer detected Errors, provided that the Errors can be recreated, and (b) the severity of the support request and whether the support request is an Urgent Severity error, a High Severity error, a Normal Severity error, a Low Severity error or not an Error.

1.4. Error Response

Upon receipt of notice of an Error, Fairmarkit shall assign appropriate technical personnel to the issue and provide Customer with acknowledgement that it has received such Error notice (such actions together, a “Response”). Fairmarkit will use commercially reasonable efforts to promptly resolve each incident. Actual resolution time will depend on the nature of the incident and the resolution. A resolution may consist of a fix, workaround or other solution in Fairmarkit’s reasonable determination.

1.4.1. Response Targets

Fairmarkit will use commercially reasonable efforts to meet the following response targets.

Severity	Target Response	Case Update Cadence	Solution (1 or more of the following)
Urgent	2 Business Hours upon receipt of case ticket	Hourly	Inform customer of ticket receival Satisfactory workaround agreed to by customer and Fairmarkit Product or system configuration change Program patch (and incorporated into future release)
High	1 Business Day upon receipt of case ticket	Daily	Inform customer of ticket receival Satisfactory workaround agreed to by customer and Fairmarkit Product or system configuration change Program patch (and incorporated into future release)
Normal	2 Business Days upon receipt of case ticket	Best-effort communication by Support	Inform customer of ticket receival Satisfactory workaround agreed to by customer and Fairmarkit
Low	3 Business Days upon receipt of case ticket	Best-effort communication by Support	Inform customer of ticket receival Product configuration change recommendation Proper product usage recommendation Question answered

1.5. Conditions for Providing Support

Fairmarkit’s obligation to provide Support is conditioned upon the following: (a) Customer makes reasonable efforts to correct the Error after consulting with Fairmarkit; (b) Customer provides Fairmarkit with sufficient information and resources to correct the Error either at Fairmarkit’s customer support center or via remote access to Customer’s site, as well as access to the personnel and any additional software involved in discovering the Error; (c) Customer promptly installs all Minor releases (as defined in the Product Back Support Policy (referred to in Section 1 above); and (d) Customer procures, installs and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to operate the Product.

1.6. Software Exclusions

The following are excluded from Fairmarkit’s Support and Maintenance obligations: (i) Software that is used on or in conjunction with hardware or software other than as specified in the Documentation; (ii) defects in the Software due to accident, abuse or improper use; (iii) any version of the Software for which Support and Maintenance services have been discontinued by Fairmarkit; (iv) any Error caused by third party software not licensed through Fairmarkit; (v) evaluation software or other software provided at no charge.

1.7. Cloud Offerings Exclusions

The following are excluded from Fairmarkit’s Support and Maintenance obligations: (i) failure of, or issues arising from, computing or networking hardware, or equipment or programs under the control of Customer; (ii) negligent or intentional misuse of the Cloud Offerings by a Customer User (e.g., flooding the system with automated emails); and (iii) custom integration scripts that use the Fairmarkit’s APIs.

Customers may elect to use certain billable consulting services (“Consulting Services”) in order to resolve issues associated with Excluded Services. Such Consulting Services may require that Customer complete a network assessment and/or provide Fairmarkit with access to the Customer network, as needed, in order to diagnose the issue.

2. Cloud Offerings SLA

Fairmarkit’s Cloud Offerings shall be available to Customers not less than 99% of the time each calendar month. For purposes of this Section, Unavailability shall be defined as the inability to access Fairmarkit’s Cloud Offerings either because of (a) the cloud service being completely inaccessible and/or unavailable due to a service downtime, or (b) the inability to login into the service. The availability of Fairmarkit’s Cloud Offerings depends on the subscription tier included in your contract with Fairmarkit.

Notwithstanding the foregoing, The Fairmarkit’s Cloud Offerings are not considered Unavailable under this Section if the Cloud Offerings is Unavailable as set forth in this Agreement as a result of: (a) a force majeure event; (b) regularly scheduled maintenance (of which Fairmarkit shall give at least 48 hours’ notice via https://fairmarkit.statuspage.io/); (c) any causes contributed directly by Customer, its Affiliates or Suppliers/Vendors.

"Monthly Uptime Percentage" for Fairmarkit’s Cloud Offerings is calculated by subtracting from 100% the percentage of 1 minute periods during the month which the Fairmarkit’s Cloud Offering was "Unavailable".

2.1. Credit Formula

Customer's sole and exclusive remedy, and Fairmarkit’s entire liability, in connection with Software availability shall be that for each period of downtime lasting longer than one hour, Fairmarkit will credit Customer 5% of monthly Subscription Fees (broken out) for each period of thirty (30) or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.

To receive downtime credit, Customer must notify Fairmarkit in writing within five (5) calendar days from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Subscription Fees in any one (1) calendar month in any event. Fairmarkit will only apply a credit to the month in which the incident occurred. Fairmarkit’s blocking of data communications or other Software in accordance with its policies shall not be deemed to be a failure of Fairmarkit’s to provide adequate service.