Standard Support Terms
In addition to any other terms and conditions applicable to Customer’s purchase of Invicti services, these Standard Support Terms are applicable if Customer purchases the Invicti Solution, unless Customer purchases a higher level of support, which will replace and supersede these Standard Support Terms. These Standard Support Terms are incorporated as part of the Subscription Services Agreement (“SSA”) between Customer and Invicti, provided that if there is a conflict between these terms and terms of the SSA, these terms shall prevail. Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to them in the SSA.
1. ADDITIONAL DEFINITIONS.
“Business Hours” means Monday through Friday 8 a.m. to 5 p.m. (EST/EDT for the US and CET/CEST for Malta), excluding federal public holidays in the jurisdiction from which Support is provided.
2. Standard Support. Upon receipt, processing, and invoicing of an Order Form for the Invicti Solution, and subject to these terms and the SSA, Invicti will provide Support for the Invicti Solution as part of the Subscription to the Invicti Solution, as further set forth herein (“Standard Support”) during the Subscription Term:
2.1. Onboarding. Invicti will aid Customer with adoption of and provide Customer with training on the Invicti Solution, including providing Customer with basic configuration examples and a training session covering essential dynamic application security best practices.
2.2. Ongoing Support. Invicti shall provide:
(A) Bug fixes to bring the Invicti Solution into substantial conformance with its then-current Documentation; and
(B) Maintenance services, including maintenance releases, enhancements, new versions, additions, and modifications to the Invicti Solution, that it provides to all other customers under Standard Support for no additional fee. Following a support request, an Invicti support representative will work with the Customer’s designated technical support team to assist in the resolution of identified and reproducible issues.
2.3. Support Contact. Customer may obtain Standard Support from Invicti by logging a support request in the Invicti support portal (presently found at the following URL: https://support.invicti.com) or sending a support request to the following email address: [email protected] or [email protected].
2.4. Service Level Guidelines. Subject to section 4, Invicti will use commercially reasonable efforts to adhere to the following target initial response times, based on the assigned designation at time of request:
|Designation||Definition||Target Response Time|
|Severity 1: Customer Down||The Invicti Solution is non-functional and/or has an unrecoverable service failure. Critical business impact.||2 hours or less from Customer’s case creation during Business Hours.|
|Severity 2: Major Impact to Functionality||The Invicti Solution is functional but with consistent issues or one Invicti Solution area is nonfunctional. Functionality is severely degraded. Some business impact.||4 hours or less from Customer’s case creation during Business Hours.|
|Severity 3: Minor Impact||The Invicti Solution is functional with minor or intermittent issues. Occasional functionality degradation. Minimal business impact.||8 hours or less from Customer’s case creation during Business Hours.|
|Severity 4: Informational||The Invicti Solution is functional with no apparent issues. No business impact.||12 hours or less from Customer’s case creation during Business Hours.|
3. CUSTOMER RESPONSIBILITIES. Customer will comply with the following requirements to facilitate Invicti’s successful provision of Standard Support:
3.1. Customer shall identify a primary point of contact with whom Invicti can interface. Customer’s primary point of contact will:
(A) Have all requisite authority to act on Customer’s behalf in resolving questions arising out of or in relation to Invicti’s provision of Standard Support;
(B) Ensure that any information communicated by Invicti is conveyed to Customer’s resources with appropriate technical skill and knowledge to effectuate the updates, modifications, workarounds, or changes suggested by Invicti; and
(C) Coordinate personnel schedules and resource allocation for Customer, and ensure those resources participate in meetings, as necessary.
3.2. Customer shall provide Invicti timely responses and access to accurate and complete information relative to Standard Support requests, as reasonably requested, and such responses and information will be communicated to appropriate Invicti personnel through the support portal or email address provided herein, or as otherwise mutually agreed by Customer and Invicti.
3.3. Customer is responsible for its own data and applications, and the support of its end-users, stakeholders, and other third parties.
3.4. Customer will provide prompt agreement, approval, acceptance, consent, feedback, assistance, or similar action, as requested by Invicti, to facilitate all aspects of Standard Support delivery, and such action will not be unreasonably delayed or withheld.
4. GENERAL EXCLUSIONS & LIMITATIONS.
4.1. Invicti has no obligation to provide Standard Support: (i) outside the scope of the SSA, Order Form, these terms, or for issues arising out of or in connection with the unauthorized use of the Invicti Solution, (ii) if Customer fails to pay all applicable fees when due; (iii) for issues arising out of or in connection with unauthorized third-party products and services or issues arising exclusively from authorized third-party products and services; and (iv) for modifications or changes to the Invicti Solution not performed, directed, or authorized by Invicti.
4.2. Customer acknowledges that Standard Support does not include: (i) developing custom scripts, templates, or queries; (ii) analyzing or troubleshooting performance issues resulting from or related to third party products; and/or (iii) performing installations, configurations, migrations, or upgrades in any Customer environment.
4.3. Invicti does not perform on-site support; Standard Support is remote only.