Support Policy and Service Level Agreement

Support Policy and Service Level Agreement 

This Support policy and Service Level Agreement (“Support Policy” or “SLA”) describes the Wand’s support and performance standards during Customer’s use of the Wand Platform or Services.

This Support Policy is subject to the Master Services Agreement executed between the parties (“Agreement”). In the event of a conflict between any provision of the Agreement and this Support Policy, the provisions of this Support Policy will prevail with respect to the Support Services described herein. Capitalized terms used herein but are not defined herein shall have the meanings set forth in the Agreement. 

This Support Policy shall apply to any renewal of the Wand Services, unless the parties agree otherwise.

Wand also offers various support and training resources such as documentation, community forums, FAQs and user guides available on our website documentation section.

1. DEFINITIONS

“Availability”- is calculated based on the following formula: (a-b)/a*100, where: (a) is the total number of minutes in the relevant calendar month; and (b) is the total number of minutes of the services being not available, and multiplied by one hundred percent (100%).  

“Downtime” – is the lack of Availability.

“Incident” – means (i) any single event, bug, defect, error, or (ii) any set of events, that result in Downtime.

“Scheduled Maintenance” – is planned and preventative maintenance to Wand Platform.

“Service Credit”- credits will be provided in Wand Units only, the calculation is detailed below. 

“Support Services” – is maintenance and support services, which may be purchased by Customer pursuant to the terms of the Agreement, and may include but not limited to, remote assistance, technical support in troubleshooting, diagnosis, recommendations regarding the Incident, etc.

2. SERVICE COMMITMENT

Wand will use best efforts to make the Service available as set forth in the table below (“Service Commitment”). In the event the Services does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

*Refers to Wand Platform only, based on our formula as defined in Section 1.

3. REPORTING AND INCIDENT: 

Customer may contact the support team in the event of an Incident, through the following methods: (1) submitting a support request in the Wand Platform; (2) or submitting a support request by email to: [email protected] (collectively, “Support Request”). 

The Support Request shall identify the severity level of the Incident in accordance with the Table above, shall identify the Customer Account that experienced the Incident, shall include information sufficiently detailed to allow Wand support team to effectively assess the Incident (including any relevant messages or notifications), shall include logs that document the errors for such claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks), and provide accurate contact information (including the name, email address and number). Following Wand’s request, the Customer shall provide any additional information needed to solve the Incident. 

Unless Customer expressly designates the severity level, the Incident will have a default designation of Severity Level 3. 

Upon receipt of a Support Request, Wand support team will assess the Incident based on the information submitted, and if Wand believes Customer’s severity level designation is incorrect, Wand will promptly notify Customer. Wand shall then use commercially reasonable efforts to meet the ‘Initial Response’ Time as set forth in Table 1 above for the applicable severity level.

4. SERVICE CREDITS

Service Credits are the sole and exclusive remedy for any performance, Availability issues. Service Credits apply only to fees paid for the Wand Units for which a Service Commitment has not been met. 

Service Credits are calculated based on the Availability percentage, as set forth below: 

Wand will apply any Service Credits by providing the Customer with extra Wand Units, equal to the amount credited (i.e., if the Service Credit will be equal to USD10, the Customer will be eligible to receive Wand Units in the same amount). Service Credits will not entitle the Customer to any refund or other payment from Wand. Service Credits may not be transferred or applied to any other account. 

5. CREDIT REQUEST AND PAYMENT PROCEDURES

Wand must receive the Credit Request within 30 days from when the Incident occurred. Wand will evaluate all information reasonably available to it and make a good faith determination of whether a Service Credit is owed. Wand will use commercially reasonable efforts to process Credit Request during the subsequent month and within 30 days of receipt. The Customer must be in compliance with the Agreement and Documentation in order to be eligible for a Service Credit. 

6. SLA AND SERVICE CREDIT EXCLUSIONS

This SLA and any applicable Service Levels or Service Credits do not apply to any performance or availability issues (collectively, the “SLA Exclusions”) arising of or from: 

1. Due to factors not within company reasonable control (for example, natural disaster, pandemic, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at Customer’s site);

2. That result from any emergency or Scheduled Maintenance performed by Wand;

3. That result from the using, combining or merging Wand Platform with services or software not provided by Wand, including, but not limited to, the Customer fragment, and other component used by Customer as part of the Service, issues resulting from inadequate bandwidth or related to third-party software or services;

4. Caused as a result of the Customer’s use of the Service, which was not in accordance with the instructions, Documentation, or Agreement, including instructions and recommendations provided by Wand to Customer from time to time.   

5. During or with respect to the Experimental Services. 

6. That result from any unauthorized access to or use of the Services.

7. That result from Customer’s or any third party’s use of Wand Platform in an unauthorized or unlawful manner;

8. Resulting from Customer’s failure to follow appropriate security practices; That result from Customer’s failure to comply with the requirements as expressly set forth in the Agreement (for example, attempts to perform operations that are not supported);

9. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);

Failure of some features or functions within the Service does not mean that Wand Platform is not available if it does not impact the process necessary for the Customer to make predictions and inferences.