(Terms apply to subscribers to Mission Critical Support only)

 

1. Definitions and Interpretation

 

1.1 In addition to the definitions set out elsewhere in the EULA, unless the context otherwise requires, the following definitions and rules of interpretation apply in this Mission Critical Support Schedule:

Client

the legal entity that has either a EULA or Subscription Agreement in place with Matillion for the access to and use of the Software;

Cloud Product

the third party cloud software service or product which the Software has been developed for and is to be used in connection with as set out in the EULA or Subscription Agreement (as applicable);

EULA

Matillion’s end user licence agreement pursuant to which Matillion licences the Software and provides Ancillary Services to clients;

Fault:

a failure of the Software to operate substantially in accordance with the functionality specifications of the Software as set out in the Documents which requires technical assistance;

Help Desk:

the online support case management leveraging Salesforce service cloud portal via https://support.matillion.com/ used to manage support cases to completion;

Long Term Support (“LTS”) release

a release of the Software on an annual basis, usually in January, which will remain supported until the next LTS release and then a further 6 months;

Matillion Customer Support Team

those individuals appointed by Matillion from time to time to provide the Support Services on its behalf;

Non-current version or release of the Software

a version or release of the Software that is older than the current Long Term Support release and, if based on the immediately preceding LTS, more than 6 months have passed since the current LTS was released;

Non-Matillion Cause:

has the meaning set out in paragraph 2.5 of this Schedule;

Out-of-scope Services:

any services provided by Matillion in connection with any Fault caused by or arising out of or in connection with a Non-Matillion Cause or support provided outside of the Support Hours;

Platform

the third party cloud infrastructure platform referenced in the EULA or Subscription Agreement (as applicable) in respect of which the Software is deployed;

Service Levels:

the service level responses and response times referred to in the Service Level Table which vary according to the Support Package the Client has in place;

Service Level Table:

the table set out in paragraph 4.1

Solution:

either of the following outcomes:

(a)            correction/resolution of a Fault or;

(b)            a workaround that is reasonably acceptable to the Client;

Software

the software provided by Matillion to the Client pursuant to a EULA or Subscription Agreement (as applicable);

Subscription Agreement

Matillion’s subscription agreement terms pursuant to which clients subscribe to the Software and other services provided by Matillion;

Support Fees:

the fees due according to the Support Package the Client has subscribed to from time to time the details of which are set out in the order form if not included in the subscription;

Support Hours:

For subscribers to our paid Mission Critical Support, 24 hours a day, 365 days a year for Severity Level 1 cases. For all other Severity Levels and other subscribers, standard support hours are 9.00 am GMT/BST to 1.00 am GMT/BST Monday to and Fridays, except on days which are public holidays in both in England and USA when support will be restricted to the business hours of any open Matillion office;

Support Package

Matillion’s support packages from time to time, being either standard or Mission Critical;

Support Request:

a request made by a User via the Help Desk for support in relation to the Software;

Support/Support Services:

the technical support services to be provided by Matillion in accordance with and as set out in this Support SLA, but excluding any Out-of-scope Services.

1.2 All initial capitalised terms in this Support SLA shall have the meaning given to them in the EULA or Subscription Agreement (as applicable).

 

2. Support Services

 

2.1 Subject to the Client paying the Support Fees in accordance with the terms of its EULA or Subscription Agreement (as applicable), Matillion shall provide the Support Services during the Support Hours.

2.2 As part of the Support Services, Matillion shall:

      2.2.1    provide Client with access to the Help Desk for communicating and managing support cases under this SLA;

      2.2.2    provide the Support Services as detailed in paragraph 4 below;

      2.2.3    use its reasonable endeavours to correct all Faults notified to it in accordance with the Service Levels.

2.3 Where the Client’s Support Package is Matillion’s Mission Critical offering, Matillion shall utilise incident response software and such other methods as Matillion deems reasonable and necessary (including video conferencing and screen sharing) to aid in responding to Severity Level 1 Faults in accordance with the Service Level.

2.4 Matillion may determine that a Support Request requires Out-of-scope Services. If Matillion makes any such determination, it shall promptly notify the Client of that determination, and the reason for it. Client may challenge that determination. If the Out-of-scope Services will be chargeable, work will only commence on receipt of a signed order.

2.5 Support is provided for standard configurations of the Software and where the Client is following the documented practices in operating the Software, including taking back-ups. As such, Support does not include Matillion dealing with any failure of the Software to operate in accordance with the Documentation which arises from the foregoing or as a result of or in connection with:

      2.5.1    any improper use, misuse or unauthorised alteration of the Software by a User;

      2.5.2    any use of the Software by a User in a manner inconsistent with the then-current Documents;

      2.5.3    the use by a User of any software not provided by Matillion or approved by Matillion in the Documentation for use by the Client in connection with the Software;

      2.5.4    failure of the Client or Users to operate the Software in accordance with the Operating Requirements;

   2.5.5the use of a non-current version or release of the Software;

      2.5.6    any breach by the Client or a User of the EULA or Subscription Agreement (as applicable);

      2.5.7    a failure or issue with the Platform (including for example an outage or issue with the Cloud Service Provider)

      2.5.8    a failure or issue with a Cloud Product (including for example an issue with the Warehouse);

      2.5.9    a cause outside of Matillion’s reasonable control;

(each a Non-Matillion Cause) and any such failure shall not constitute a Fault for the purposes of this Mission Critical Support SLA.

The Client acknowledges that Matillion is not obliged to provide Out-of-scope Services. Any Out-of-scope Services provided by Matillion will be charged for at Matillion’s standard rates from time to time, as quoted before work commences.

 

3. Submitting Support Requests

 

3.1 All requests for Support Services shall be made by way of a Support Request. Matillion leverages Salesforce Service Cloud portal for support case management. Customers use Service Cloud to log cases and Matillion’s support team manages the case to completion via the portal.

3.2 Each Support Request shall include a description of the Fault and, where relevant, the start time of the incident and the severity level the User believes the Fault to be.

3.3 The Client shall and shall procure and ensure that Users shall provide Matillion with:

      3.3.1    prompt notice of any Faults which it becomes aware of;

      3.3.2    such output and other data, documents, information, assistance as are reasonably necessary to assist Matillion to reproduce operating conditions similar to those present when the User detected the relevant Fault and to respond to the relevant Support Request; and

      3.3.3    assistance with root cause analysis.

 

4. Service Levels

   4.1.1    Matillion shall prioritise all Support Requests based on its reasonable assessment of the severity level of the Fault reported;

   4.1.2    respond to all Support Requests which relate to a Fault, in accordance with the responses and response times specified in the table set out below:

 

Problem Severity Level

 

 

Premium Service Level Response Time

 

 

Standard Service Level Response Time

Critical (Severity Level 1):

Critical production issue that severely impacts use of the Software. This situation halts Software availability and no procedural workaround exists.

·   Production Matillion instance is down, and can’t be restarted

Within 1 hour 24×7

The Matillion Customer Support Team will respond to and commence efforts to address Severity 1 Faults reported immediately upon detection or notification of such a problem with a 1 hour response time.

As soon as possible during the Support Hours, having regard to a reasonable assessment of the severity of the Fault

High (Severity Level 2):

Major functionality is impacted or significant performance degradation is experienced. The situation is causing a high impact to portions of the Software and no reasonable workaround exists.

·   The Software is operational but highly degraded.

·   Critical documented feature function is not available.

Ability to consume integrations, route alerts based on escalation policies, or features of the Software are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion.

·    Software capabilities where a failure of a service is indicative of a Severity Level 2 outage include:

–        Non-production systems are unavailable;

–        Systems are running schedules but users cannot log in;

–        Critical extraction components have stopped working;

Within 4 hours 16×5

The Matillion Customer Support Team will respond to and commence efforts to address Severity 2 Faults reported immediately upon detection or notification of such a problem with a 4 working hour response time.

As soon as possible during the Support Hours, having regard to a reasonable assessment of the severity of the Fault

Medium (Severity Level 3):

There is a partial, non-critical loss of use of the Software with a medium-to-low impact to service delivery, and the Software continues to function.

A short-term workaround is available, but it is not scalable nor sustainable.

The Matillion Customer Support Team will respond to and commence efforts to address Severity 3 Faults as quickly as possible.

Low (Severity Level 4):

There is a minor issue that is not impacting service delivery, and the Software continues to function. Severity 4 cases also include information requests such as those regarding Matillion functionality and design patterns.

The Matillion Customer Support Team will respond to and commence efforts to address Severity 4 Faults as quickly as possible.

4.2 Matillion and the Client may, on a case-by-case basis, agree in writing to a reasonable extension of the Service Level response times.

4.3 Matillion shall give the Client regular updates of the nature and status of its efforts to correct any Fault and monthly reports as to achievement of Service Levels