TERMS AND CONDITIONS

FOR GROWTHINTEL CUSTOMERS



GrowthIntel has a predictive marketing platform which Growthintel makes available to its Customers pursuant to a licence granted under the terms of a software as a service agreement between GrowthIntel and the Customer (Agreement).  GrowthIntel provides services to the Customer as described in the Agreement (Services).

Service Availability

During the term of the Agreement, GrowthIntel provides the Services to the Customer on and subject to the terms of the Agreement.

GrowthIntel may make operational changes to the Services without giving prior notice to the Customer and may control, direct and establish technical procedures for the use and supply of the Services.

GrowthIntel shall provide the Services with a minimum availability of 99% excluding:

        1. scheduled downtime for maintenance of the hosting facility by GrowthIntel’s third party hosting providers;
        2. planned downtime of the Services for maintenance of or updates to the Services by GrowthIntel;
        3. outages or disruption caused by the Customer, its Users, third-parties or a force majeure event; and
        4. downtime of internet and other network service providers.

Maintenance and Updating

During maintenance periods, GrowthIntel may apply patches, install error corrections, upgrade versions and undertake other discretionary activities in order to maintain the service level and security of the GrowthIntel service.

GrowthIntel shall use all reasonable endeavours to avoid unscheduled downtime.  

Planned maintenance shall not take place within Normal Business Hours – being between 09:00 and 17:00 GMT, Monday to Friday, excluding bank and public holidays in England.

GrowthIntel may interrupt the Services to perform emergency maintenance during Normal Business Hours.

Support Services

GrowthIntel will provide the Customer with technical support services in the English language from 09:00 to 17:00 GMT, Monday to Friday, excluding bank and public holidays in England (Normal Business Hours).

The Customer shall nominate named personnel as Customer Support Representatives (CSRs) who may contact GrowthIntel for technical support services during Normal Business Hours.

CSRs may raise support requests by voicemail, email and web-form issue submissions 24 hours per day, seven days a week.

GrowthIntel will respond to support requests in accordance with the table below.

The CSR and GrowthIntel’s support representative will jointly determine the severity.

Severity Level Description/Example Response Time (Normal Business Hours)
Severity 1 Service is down/GrowthIntel cannot be used – all users of the system are unable to work 1 hour
Severity 2 A problem has occurred where key functionality is not working – users can continue to use the Service, but with limited functionality. 4 hours
Severity 3 A problem that has limited impact on the business and / or a workaround is available. 1 working day
Severity 4 A problem that has minimal or no impact on the business has occurred or the Customer has a suggestion for an enhancement or improvement to the Service / documentation. 5 working days

GrowthIntel aims to resolve all support requests as quickly and efficiently as possible, however some problems may require a software upgrade.  Where a software upgrade is required, GrowthIntel will inform the Customer of the planned timescales for any such release (if planned). Where the problem will not be resolved by issue of an upgrade or where there are no plans to issue an upgrade, GrowthIntel will provide advice to the Customer as to the nature of the problem and how it might be worked around.

Without prejudice to the provisions contained above, GrowthIntel will use its best endeavours to meet the response criteria defined above.  GrowthIntel makes no commitment that it will be able to meet these criteria or that it will be able to resolve every problem of the Customer.