Version Number: 2.0. Effective starting: 1 July 2024
This Service Level Agreement (“SLA”) describes the provision of support and maintenance services (“Support”) and the terms and conditions under which Curiosity will provide the Support to customers (“you” or “Customer”) that have entered into an Order (as defined in the EULA) and End User Licence Agreement (“EULA”) (collectively the “Agreement”) to purchase licences to Curiosity’s proprietary software products, either from Curiosity or an authorized reseller.
“Curiosity” or “our” shall mean the Curiosity legal entity authorized to license the Software and as entered into an Order with you (as defined in the Agreement) and for which Support is purchased under this SLA in the country in which Support is provided.
Only Customers with an active Agreement are covered by this SLA.
This SLA does not apply to No-Charge Software (as defined in the Agreement), which is provided without any contractual obligation of Support.
Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement between the Customer and Curiosity.
1. Service Scope
The following Support services to be provided by Curiosity to the Customer are in-scope and covered by this SLA:
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Monitored Service Desk technical support
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Telephone technical support
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Remote assistance using online meeting and video conferencing tools and/or remote desktop software
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Customer Support Representative
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Learning materials
Support services provided under this SLA shall be delivered in English.
2. Customer Requirements
Customer responsibilities and/or requirements in relation to this SLA include:
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Payment for all Support costs at the agreed interval (or where included in Software licence fees as set out in an Order, payment of such licence fees)
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Reasonable availability of Customer representative(s) when resolving a Support related incident or request
3. Service Agreement
3.1 Support Availability
Coverage parameters specific to the Support services covered in this SLA are as follows:
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Support Hours: Monday-Friday 9:00 A.M. to 5:00 P.M. (GMT) excluding UK bank holidays.
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Curiosity Support Desk URL to log Support requests: Curiosity Service Desk - Jira Service Management (atlassian.net)
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Service Desk tickets received outside support hours will be collected, however no action can be guaranteed until the next working day
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Curiosity Support Representative will arrange online meeting and/or remote assistance with Customer representative after receipt and review of initial Support should it be required
3.2 Support Requests
A support representative of Curiosity (“Curiosity Support Representative”) will be responsible for coordinating and communicating with the Customer on a Support request. All Errors or Support incidents regarding the Software shall be logged by the Customer via the Curiosity Service Desk in a clear and traceable manner. Curiosity will examine the reported incident and prepare an initial synopsis within the timeframe set forth below. Curiosity will respond to Support requests submitted by the Customer via the Curiosity Service Desk process with online meeting and/or remote assistance where required and within timescales that are dependent on the severity of the Support request.
If the incident can be fixed within the initial synopsis, the Support incident will be closed. Otherwise, the incident will be escalated to the development team, or the next relevant level.
In order for Curiosity to respond to the Customer’s reports of difficulties or problems with the Software and to assist in diagnosis of Errors, the Customer must provide adequate information and documentation to enable Curiosity to recreate the problem. Where after following commercially reasonable efforts Curiosity has been unable to recreate the problem, Curiosity may notify the Customer that the problem could not be recreated, located or identified, if such is the case.
The Customer may report a fault and give it the classification “Moderate” or “High Priority”. If the Customer classifies the incident as “Critical”, the Customer must send this report directly to the Curiosity Support Representative, in addition to reporting to the usual support request email.
An incident can only be classified as “Critical” if both Curiosity and Customer classify the incident as “Critical” by mutual consent within one business day of notification to the Curiosity Support Representative. If an agreement on classification cannot be reached within one business day, the issue will be escalated to appropriate Curiosity management.
3.3 Service & Support Levels
This section lays out when and how Curiosity will respond to requests for problem resolution
A knowledgeable Curiosity Support Representative representing Curiosity will respond to the Customer’s request for problem resolution based on the incident severity level, as described below.
3.4 Severity Definitions
3.5 Response Time
Based on the Customer’s classification of the incident, and as mutually agreed, Curiosity shall use commercially reasonable efforts to respond to the Customer in the response time shown below, and provide an initial synopsis of the incident within the following timescales:
3.6 Resolution Objectives
Resolutions will consist of either a Workaround, an Interim Solution or a Permanent Solution. These terms, for the purposes of this SLA are defined as follows:
“Interim Solution” means a short-term code-fix delivered as a hotfix or a patch from Curiosity to the Customer (via the Reseller where appropriate).
“Permanent Solution” means, an Update of the Software in which the problem has been resolved to conform to the Documentation.
“Work Around” means a temporary solution to an incident. A Workaround will be replaced with a Permanent Solution unless otherwise mutually agreed by the Parties.
Incidents that require an Interim Solution will be considered resolved when the test used to reproduce the problem demonstrates the corrected behaviour.
3.7 Problem Resolution
Where a Workaround is to be provided in line with the above table, and such Workaround will result in a materially different service, Curiosity and Customer shall mutually agree such Workaround is acceptable in advance, or whether to wait for an Interim Solution or Permanent Solution where applicable.
Where a Workaround is provided, the incident severity shall remain unchanged until a Permanent Solution is implemented.
3.8 Updates
“Update” shall be as defined within the EULA.
During the term of the Agreement and subject to the Customer’s payment of the applicable fee for licences to the Software as set out in the applicable Order, including, without limitation, any support and maintenance fees, Curiosity shall update the Software with any and all Updates if, and when available.
In case of a new version release of each Curiosity Software product the Customer will be notified proactively by Curiosity. For On-Prem Solutions, the Customer is entitled to download new releases upon their availability. For SaaS Solutions, the new version shall be made available to the Customer on release of the Update. Updates are only available during the term of the Agreement.
Curiosity may change its release schedule, change, discontinue or add service offerings from time to time at its own discretion and will notify the Customer.
3.9 Obligation and Responsibilities
Support does not include the correction of, and Curiosity will have no obligation with respect to, any Errors, or other problems caused by, or resulting from:
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The Customer’s failure to implement any Update made available to Customer by Curiosity at no charge for addressing such Error;
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The Customer’s system or changes to it, including errors in equipment or software not provided by Curiosity;
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Any alterations or modifications of, or additions to, Curiosity’s Software made by parties other than Curiosity or its agents;
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Use of Curiosity Software in a manner for which it was not designed or use of Curiosity Software not in conformance with the Documentation;
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Due to factors outside our reasonable control (for instance, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centres, including at your site or between your site and our data centre); and / or
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The Customer’s unauthorized action or lack of action when required, or from the Customer’s employees, agents, contractors, or vendors, or anyone gaining access to our network by means of the Customer’s passwords or equipment, or otherwise resulting from the Customer’s failure to follow appropriate security practices.
4. Changes to this SLA
Subject to the Agreement, Curiosity reserves the right, at its discretion, to change this SLA at any time based on prevailing market practices and the evolution of the Software and other Curiosity software products.