Engage Global Support

These supplemental terms (as modified from time to time by Company in its sole discretion) (“Terms”) define the Support offering that may be included in Customer’s Order Form.

These supplemental terms (as modified from time to time by Company in its sole discretion) (“Terms”) define the Support offering that may be included in Customer’s Order Form.

Capitalized terms not defined herein shall have the meaning set forth in the Agreement.

Overview

1. Definitions

The following defined terms are used to describe the Support services:

  1. “Agreement” means, as applicable, either the: 1) Services Agreement located at meetmarigold.com/services-agreement, as updated from time to time; or 2) a superseding written agreement for use of the Services executed by and between Company and Customer.
  2. “Business Hours” means the current hours published at: getstarted.selligent.com/EN/Content/Technical_Documents/SupportBusinessHours
  3. “Authorized Contacts” means the technical contacts, as designated by Customer, who are responsible for interfacing with Company to provide information, work through instructions, and confirm resolution of any Incident(s).
  4. A “Select Support Engineer” or “SSE” is a Support engineer who is assigned to the Customer and possesses the necessary skills and expertise in supporting the Company product that the Customer has purchased Select Support for.
  5. “Error(s)” means a reproducible failure of a properly licensed, implemented, and used Company product to perform in substantial conformity with its accompanying documentation.
  6. “Incident” means a single Support issue, generally an Error, or usage question with a Company product and the reasonable effort needed to resolve it.
  7. “Implementation Handover” refers to the process in which the Company’s technical services team provides Support, overview, and documentation of the implementation as delivered by Company’s technical services.
  8. “Monitoring and Alerting” means basic monitoring of the overall service. Customized monitoring is custom to the Customer’s requirements – e.g., campaigns, import tasks and reporting.
  9. “Phone Support” means Support that is initiated by phone to a then current Selligent Support Phone Number. Selligent Phone Support Phone Numbers are available at: getstarted.selligent.com/EN/Content/Technical_Documents/SupportBusinessHours
  10. “Severity Level 1” or “S1” means an Incident where, in a production environment, a workaround is not immediately available and a large portion of Customer’s environment is so severely impacted that the Customer cannot reasonably operate, notwithstanding proper installation and use of the Company product(s) and: (a) a substantial portion of the Company product(s) does not operate; or (b) there is an Error in a major program function that renders such major program function completely unusable; (e.g., the Service is down).
  11. “Severity Level 2” or “S2” means an Incident where, notwithstanding proper installation and use of the Company product(s): (a) there is an Error in a major program function causing significant impact to the Company’s product(s) such that the Company product(s) is difficult but not impossible to use; or (b) there is an Error that causes a third-party, mission-critical application to be unstable (e.g., API, imports/exports, links, images, potential security incident).
  12. “Severity Level 3” or “S3” means an Incident where, notwithstanding proper installation and use of the Company product(s): (a) there is non-critical degradation of performance or function in the Company’s product(s); or (b) there are minor intermittent problems in the Company product(s). A commercially reasonable workaround may be available (e.g., errors in data management, filters, templates, reporting, deliverability, activity tracking).
  13. “Severity Level 4” or “S4” means all requests for enhancements to the Software, information on the Software, questions regarding the Software, documentation issues concerning the Software, or Errors with little or no effect on normal operation of the Software (e.g., questions about general functionality, SSL, account activation, PW reset, data pull).
  14. “Support” means the support services designed to resolve Errors and Incidents in the installation, configuration, and usage of the Software, but does not include any type of assisted deployment, design particular to bespoke requirements, or assistance with Third Party Products being used in conjunction with the Software.
  15. “Support Portal” means the Support website located at: support.selligent.com. Company will provide Customer’s Authorized Contacts and Authorized Contacts with access to its Support Portal, a secure web-based tool used to create, view, comment on, escalate, and/or provide feedback on Support cases.
  16. “Third Party Products” means any software or hardware that is manufactured by a party other than Company and is either (i) not delivered with the Software, or (ii) not incorporated into the Software.

2. Support Levels

The table below sets out the Support that will be available to Customer based on the level of Support specified in Customer’s Ordering Document. 

SUPPORT FEATURE
SUPPORT LEVELS
LIGHTSTANDARDSELECT
24×7 Support Portal Access
24×7 Knowledge Base
Telephone Technical SupportN/ABusiness hoursBusiness hours
Support for Severity Level 1 IncidentsBusiness hours24 x 724 x 7
Authorized contacts1510
Technical ResourcesGlobal support teamGlobal support teamNamed Support Engineer
Access to Face to Face (Zoom) callsN/AN/A
Hands On Solution AssistanceN/AN/A
In-Depth Case ReviewN/AN/AUpon Request
Major Incident Root Cause Analysis N/AS1 only, Upon RequestS1/S2, Upon Request
Monitoring and AlertingBasicBasicCustomized
Implementation HandoverN/A
New Release NotificationN/AStandardProactive Notification and Personalized Discussion

3. Incident Submission and Processing
Customer may submit any Incidents 24 hours per day, 365 days per year via the online Support Portal. Standard and Select Customers may also report S1 Incidents by phone 24 hours per day, 365 days per year; and S2, S3, or S4 Incidents by phone during Business Hours.

When notifying Company of any Incident, Customer must provide detailed information about any suspected Error(s), including an example, the context in which it was encountered, details of Customer’s system configuration, and the steps necessary to generate or reproduce the Error. The severity level of an Incident shall be determined by Company (using the severity definitions described in these Terms). 

For Select Support customers, a Named Support Engineer (“NSE”) will be assigned.  Additional NSEs can be purchased if Customer requires Support for other products. The NSE will be available during normal Business Hours and is responsible for Customer submitted Incidents. In the event the NSE is not available, Company will provide a back-up engineer.

4. Authorized Technical Contacts and Authorized Contacts
Customer will provide Authorized Contacts  to Company as reasonably required to provide information, work through instructions, and confirm resolution of the Incident. Customer’s Authorized Contacts will be responsible for interfacing with Company Support personnel. Each Authorized Contact  must be familiar with the Software and be capable of performing necessary administrative functions.

5. Response Times
Company will use commercially reasonable efforts to respond to each reported Incident within the following initial response time targets during Business Hours:

BUSINESS IMPACTLIGHTSTANDARDSELECT
S1 — CriticalN/A1 Hour1 Hour
S2 — HighN/A4 Business Hours4 Business Hours
S3 — MediumN/A8 Business Hours8 Business Hours
S4 — LowN/AN/AN/A

To be eligible for the response times above, Customer must submit all Incidents through the Support Portal.  To receive the 1 Hour response time target for S1 Incidents that occur outside of Business Hours, in addition to reporting via the Support Portal, Customer must also report the Incident via Phone Support (Standard and Select only).

7. Support Exceptions

Company shall be under no obligation to furnish Support for any Software to the extent that such Support is necessary or desired as a result of: (i) the operation of the Software in configurations outside those described in the Agreement, applicable Order Form, or Company’s documentation; (ii) actions of any third party other than Company or a third party authorized by Company; and (iii) causes unrelated to the Software as delivered to Customer by Company, including without limitation, unauthorized modifications to the Software, made by Customer or on Customer’s behalf.

Company’s Support is designed to assist Customers with Errors and Incidents in the normal usage of the Software in Customer’s environment and does not include product training, implementation services, and customization services.

Should Customer need assistance beyond what is included in Support, Customer may need to engage Marigold’s Professional Services Team.  

Last Modified Date: May 22, 2024