Legacy Logistyx Technologies Service Level Schedule & Maintenance & Support Options

General Terms and Conditions for e2open Transportation Management Services

LOGISTYX SOLUTION AVAILABILITY SERVICE LEVEL SCHEDULE

This Logistyx Solution Availability Service Level Schedule describes the terms and conditions under which Logistyx Technologies (“Logistyx”) will provide availability of Logistyx Software to a customer who has entered into an agreement for a Software Subscription or Hosting Services (referred to as the “Logistyx Solution”) of licensed Logistyx Software on or after 1 June 2019 which directly reference the commitments on this page.

Availability Service Level:

  • Logistyx will use commercially reasonable efforts to ensure that the Monthly Uptime Percentage will be 95%.

Monthly Uptime Percentage will be calculated as follows:

  • Monthly Uptime Percentage:
    • (Minutes in the Month – Unavailability) / Minutes in the Month x 100
  • Minutes in the Month:
    • Total number of minutes during a billing month less Excluded Minutes.
  • Unavailability:
    • Total accumulated minutes where the Logistyx Solution was not available less Excluded Minutes.
  • Excluded Minutes:
    • The periods during which the Logistyx Solution is not available for the following reasons:(i) due to factors outside Logistyx’s reasonable control; (ii) issues that resulted from the use of hardware not provided by Logistyx as part of the Logistyx Solution; (iii) issues that resulted from actions or inactions of Customer or third parties; (iv) issues caused by Customer’s use of the Logistyx Solution after Logistyx advised Customer to modify its use of the Logistyx Solution, if Customer did not modify its use as advised; Logistyx Service Level Availability Schedule v06/2019 (v) issues attributable to the acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone other than Logistyx gaining access to the Logistyx Solution by means of Customer’s passwords or equipment; (vi) during beta and trial use of the Logistyx Solution (as determined by Logistyx); (vii) during Logistyx scheduled system upgrades, enhancements and routine maintenance activities which are announced to Customer via email or otherwise with advance notice or for maintenance determined by Logistyx to be an emergency upon notice provided to Customer; or (viii) suspension of Customer access to the Logistyx Solution by Logistyx as permitted in the parties’ agreement.
  • Claim:
    • A claim submitted by Customer to Logistyx pursuant to this Logistyx Solution Availability Service Level Schedule that the Availability Service Level has not been met and that a Service Credit may be due to Customer.
  • Incident:
    • Any set of circumstances potentially resulting in a failure to meet the Availability Service Level.

Service Credit Claims:

In order to be eligible to submit a Claim with respect to any Incident, the Customer must first have notified Customer Support of the Incident, within three (3) business days following the Incident. To submit a Claim, Customer must contact Customer Support and provide notice of its intention to submit a Claim. Customer must provide to Customer Support all reasonable details regarding the Claim, including but not limited to, detailed descriptions of the Incident(s), the duration of the Incidents, the names of affected databases, failed operations, and any attempts made by Customer to resolve the Incident. In order for Logistyx to consider a Claim, Customer must submit the Claim to Customer Support, including sufficient evidence to support the Claim, within fifteen (15) days after the end of the month in which the Incident(s) which is the subject of the Claim occurs. Logistyx will use all information reasonably available to it to validate Claims and make a good faith judgment on the Claim.

Logistyx Customer Support:

Incidents and Claims must be reported to Logistyx Customer Support: https://www.e2open.com/global-support/

Service Credit:

The percentage of the monthly service fees for the Logistyx Solution that is credited to the Customer for a validated Claim, based on the following Monthly Uptime Percentage: Monthly Uptime Percentage < 99.9% – 10% Service Credit Monthly Uptime Percentage < 99.0%  – 25% Service Credit

Ineligibility for Service Credit:

If Customer is not current on payment of fees at the time of the notification of the Claim, Customer does not qualify for a Service Credit for such Claim.

Use of Service Credits:

Service Credits may be used solely to offset future payments due and shall not, under any circumstance, exceed Customer’s fees for the applicable Logistyx Solution. Service Credits may not be sold or transferred to other parties. Service Credits may not be used until any breach of the Agreement is resolved to Logistyx’s reasonable satisfaction. Service Credits shall expire on the termination or expiration of the underlying agreement related to the Logistyx Solution. Service Credits are Customer’s sole and exclusive remedy for any violation of this Availability Service Level Schedule.

Usage Restrictions:

Customer agrees to use commercially reasonable efforts to prevent unauthorized access to or use of the Logistyx Solution, and to notify Logistyx promptly of any such unauthorized access or use. Customer agrees to use the Logistyx Solution only in accordance with this Schedule, the Agreement, and applicable laws and government regulations.

Logistyx Maintenance & Support Options

This Logistyx Maintenance & Support Options & Service Level Schedule describes the terms and conditions under which Logistyx Technologies (“Logistyx”) will provide Software Maintenance and Support to a customer who has entered into an agreement for support for licensed Logistyx Software on or after 1 June 2019.

SCOPE OF SUPPORT

Logistyx Software Support covers:

  • answering general questions about Logistyx Software operation or usage;
  • diagnosing, troubleshooting, identifying, and resolving issues related to Logistyx Software (“Support Incident”)1; and
  • time spent by Logistyx diagnosing, identifying, and resolving issues reasonably related to a Logistyx Software error, malfunction, or defect (“Error”).

1. Logistyx shall have no obligation to investigate or correct problems, including Errors, that cannot be reproduced by Logistyx based on information provided by Customer; or that are due to a breach by Customer of the terms of the parties’ license or subscription agreement; or that cannot be remedied due either to the operational characteristics of the computer equipment on which the Logistyx Software is used, or to modifications to the Logistyx Software made by Customer or any third party.

LOGISTYX SOFTWARE SUPPORT OPTIONS

For support during designated hours, you can reach our Support line at +1-650-299-8111 or email us at customersupport@e2open.com.

Support Option Region Hours and Contact Security Level Covered
Standard North America 8a-8p (ET) M-F excluding holidays All Levels
Standard EMEA 8a-8p (CET) M-F excluding holidays All Levels
Standard APAC 8a-8p (SGT) M-F excluding holidays All Levels
  • P1 incidents are supported 24″365 for clients subscribing to our 24×7 Support Plan

Holidays not covered under Standard Support:

North America holidays:
New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Day

EMEA holidays:
New Year’s Day, First Easter Day, Easter Monday, Kings Day, Ascension Day, Pentecost, Whit Monday, Christmas Day, Boxing Day

APAC holidays:
Chinese New Year, Chinese New Year (in-lieu), Good Friday, Labour day (in-lieu), Hari Raya Pusa, Vesak Day, Hari Raya Haji, National Day, Deepavali, Christmas Day (in-lieu)

SUPPORT SEVERITY LEVELS AND RESPONSE TIME OBJECTIVES

Incident Severity Level1 Basic Description of Incident Severity Level Initial Response Time2 Resolution Target Time3
Level Pl A Support Incident is classified as Priority 1 when it involves Impairment of Logistyx Software to the nature and extent that the Logistyx Software is unusable with no acceptable alternative workaround, and the restoration I resolution is immediately necessary to prevent severe business impact. 1 Hour Provided the Support Incident is caused by an Error, Logistyx will use commercially reasonable efforts to resolve a Level Pl Support Inc ident, or provide a Workaround4, within four (4) hours.
Level P2 A Support Incident is classified as Priority 2 when it involves the impairment of a major feature of the Logistyx Software without entirely preventing its use, and the restoration / resolution is resolution is needed as soon as possible because of potentially damaging service impact. 4 Hours Provided the Support Incident is caused by an Error, Logistyx will use commercially reasonable efforts to resolve a Level P2 Support Incident, or provide a Workaround, within 2 business days.
Level P3 A Support Incident is classified as Priority 3 when it involves the impairment of a minor feature of the Logistyx Software without entirely preventing its use, and the resolution will solve minor incidents or repair missing functionality but can be scheduled. 1 Business Day Provided the Support Incident 1s caused by an Error, Logistyx will use commercially reasonable efforts to resolve a Level P3 Support Incident, or provide a Workaround, within five (5) business days

1. Customer will have the ability to select the Severity Level that most appropriately reflects Customer’s current status. Logistyx reserves the right to reclassify a Severity Level once an issue diagnosis has commenced if Logistyx determines that such level has been misclassified.
 2. “Initial Response Time” means the elapsed time beginning when the Customer creates a service request until Logistyx first responds to the Customer. Customers must utilize the toll free number for Level P1 Support Incidents.
3. “Resolution Target Time” means the elapsed time beginning when the Customer creates a service request to when Logistyx notifies the Customer that a solution has been offered. Achieving the Resolution Target Time is conditioned on Customer providing Logistyx sufficient information and resources to identify, diagnose, and resolve the Error, either at Logistyx’s support center or via dial-up access at Customer’s site (including without limitation remote desktop or SSL VPN access to the physical servers on which Logistyx Software is installed), and reasonable access to the personnel, hardware, and any additional software involved in discovering the Error.
4. “Workaround” means a modification or solution that allows the Customer to continue to use the Logistyx Software. A Workaround may consist of a series of temporary or interim instructions, procedural steps or usage clarifications to avoid an Error or circumvent its effect. Commercially reasonable efforts will be made to respond to and resolve Support Incidents pursuant to this Schedule. Nothing in this Schedule shall expand or add to any warranty set forth in the agreement governing the use of the Logistyx Software.

ESCALATION MANAGEMENT

Logistyx has established escalation procedures to help facilitate the resolution of complex Support Incidents related to Logistyx Software. If a customer has reasonable grounds for concern as to whether Logistyx is dedicating sufficient effort to resolving a Support Incident after Logistyx’s initial response, Customer may ask that the Support Incident be escalated.

This Support Options & Service Level Schedule is subject to change at Logistyx’s discretion; however, changes to this Support Options & Service Level Schedule will not result in a material reduction in the level of services provided for supported Logistyx Software during the support period for which fees for maintenance and support have been paid.

SCOPE OF LOGISTYX SOFTWARE MAINTENANCE

Provided Customer has purchased Software Maintenance and Support, Logistyx will provide Updates to Customer on the same schedule that Logistyx makes such Software Updates generally available. “Updates” means a subsequent release, modification, correction or addition to Logistyx Software or documentation, which Logistyx generally makes commercially available as part of Software Maintenance and Support without additional charge. Updates are subject to the terms of the Agreement and applicable Software Order Form, and do not include new features, capabilities, or applications that are made available to licensees of Logistyx Software for a separate license fee, upgrade charge or as part of a subscription license fee.

Updates are generally designated by a change in the number appearing to the right of the initial decimal point in the product’s version number (i.e., 1.1 vs. 1.0). Logistyx will only provide Software Maintenance and Support to the current and 2 previous major versions of any Logistyx Software. Updates are only effective on the latest version of Logistyx Software, which is the version of the Logistyx Software that has been updated with all the most current Updates released or made available for such version of the Logistyx Software. The effort required to install updates is not included in the Software Maintenance and Support Fee.

Logistyx assumes no responsibility for the correctness of, performance of, or any resulting incompatibilities with, current or future releases of the Logistyx Software if the Customer has made changes to the system hardware/software configuration which changes or affects the performance of Logistyx Software without prior written approval by Logistyx. Logistyx assumes no responsibility for the operation or performance of any Customer-written or third-party software not provided by Logistyx.

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