'Force Majeure Event" means (i) extraordinary governmental action: (ii) material labor disputes, difficulties or work stoppages or slowdowns (excluding strikes by Sapling’s own workforce): (iii) hurricane, earthquake, flood and other natural disasters or fires; (iv) war, rebellion, act of terrorism, or civil disorder; or (v) any other cause beyond Sapling’s reasonable control that is not avoidable by reasonable due diligence and provided such cause is not attributable to Sapling.
"Maintenance Outage" means a planned maintenance period, which does not exceed an aggregate of four (4) hours in any calendar month, and for which written notice is provided at least 3 days in advance, and which is held between the hours of Friday at 11:55 pm Pacific Time and Sunday 11:55 pm Pacific Time.
“Platform Outage" means any time when the Platform Service is inoperable or unavailable, excluding specifically the following reasons: (i) Customer’s own telecommunications or Internet service providers: (ii) a Force Majeure Event; (iii) Maintenance Outage; or (iv) any failure in Customer's own hardware, software or network connection.
"Hours of Operation" will be the total number of hours in the month, excluding any time for Maintenance Outages and Force Majeure Events.
1.2 Availability of Platform.Sapling warrants that the Platform will be available at least 98.5% of the time measured monthly using the following formula: Availability of Platform = Hours of Operation – Platform Outage
1.3 Sole Remedies for Failure to Meet the Uptime Service Level Commitment.
For each calendar month in which Sapling has Uptime of:Sapling will:less than 98.5% but above 95%provide Customer with a service credit in an amount equal to 5% of the then monthly feesbetween 95% and 90%provide Customer with a service credit in an amount equal to 10% of the then monthly feesless than 90%provide Customer with a service credit in an amount equal to 15% of the then monthly fees. Customer may also terminate this Agreement upon thirty (30) days written notice (which notice must be given within sixty (60) days of the end of the calendar month in which the Uptime was less than 90%).
Sapling Support Policy
This Support Policy for Sapling Platform Services is entered as of the Order Form Effective Date and is governed by and made a part of the Agreement between Customer and Sapling.
In the event of a conflict between the terms of this Support Policy and the terms of the Agreement, the terms of the Agreement will prevail. All capitalized terms not otherwise defined herein will have the same meaning as in the Agreement.
Support and Success Plan Offerings.
Sapling offers the following service and support packages, Sapling Silver, Sapling Gold, and Sapling Platinum (“Support Level”). Sapling Silver is included in the subscription fees for Sapling Platform Services stated in the Order Form Platform and Support Services section unless an alternative Support Level is specified.
Each Support Level is made up of a collection of support and success services described in this Support Policy.
2.1 Support Levels.
2.1.1 Sapling Silver
Foundational support and engagement with focus on customer interaction and issue resolution.
2.1.2 Sapling Gold
An add on to Sapling Sliver that includes strategic-focused guidance that goes beyond the foundational support and engagement to help Customer get the most value from Sapling Platform Services
2.1.3 Sapling Platinum
An add on to Sapling Silver that includes strategic-focused guidance that goes beyond the foundational support and engagement to help Customer get the most value from Sapling Platform Services. Sapling Premium includes prioritized routing of support interactions, elevated service levels, regular consultation on best practices and access to specialized success offerings with an assigned Customer Success Manager.
2.2 Support and Success Services by Support Level.
All support interactions initiated by Customer Designated Support Contacts subject to Support Sapling Service Level Agreement defined below. Sapling support provides initial contact for Designated Support Contacts through the available Support Contact Channels in English only.
The support and success services included by Support Level are described in the table below. Capitalized Terms are further defined at the end of this Support Policy.
Beginning on the effective date of a Customer’s agreement for Sapling Platform Services, Customer’s Designated Support Contact may contact Sapling’s support as primary point of contact for support services.
For contacting Sapling’s support organization, the current preferred contact channel for Sapling Support either via the in-app chat functionality or emailing email@example.com.
Customer is required to designate one (1) Program Lead who is the main contact for communications between Customer and Sapling. Customers may designate a secondary back-up in the event that the main Program Lead is unavailable.
Other Support Contact Channels are available by Service Level as defined above.
Sapling responds to submitted support cases (also referred to as “case”, “incident”, or “issue”) as described in the table below based on the Support Level.
In the event of a Severity P1 or P2 issues Sapling provides active notification, in real-time, via web, phone, email and/or syndication service to our customers subscribed to our alert services which are available at https://status.saplingapp.io/.
In addition, Sapling maintains and publishes current system status for Platform Services core subsystems, daily, weekly and monthly system metrics, and a historical log of platform incidents at https://status.saplingapp.io/.
A description of issue severity levels, description, and resolution efforts for are provided in the table below:
Incidents regarding a release, version and/or functionalities of Sapling Platform Services developed specifically for Customer (including those developed by Sapling Professional Services) are excluded from customer response levels as described above.