Technical Support

Effective for orders signed on or after 5, August, 2023

Subject to the terms of the Atheer Master Subscription and Service Agreement (“Agreement”) and the applicable Atheer Order Form (“Order Form”), and provided that Customer remains current in its payment and other obligations under the Agreement, Atheer will use commercially reasonable efforts to provide Customer with the following support for the applicable Service.

Capitalized terms not defined below will have the meanings stated in the Agreement (“Support Services”).

1. Incident Submission and Customer Cooperation. To initiate Support, Customer’s Named Contact (defined below) must report errors or abnormal behavior of the Service (“Incident(s)”) in a timely manner by emailing to register a helpdesk ticket (“Support Request”). Response times are measured from the time of successful submission of a Support Request per the foregoing through the first acknowledgement issued by Atheer in the customer portal.

When submitting a Support Request, the Named Contact (defined below) must (i) have a baseline understanding of the Incident; (ii) have the ability to identify and describe the Incident as it relates to the Services, and (iii) be able to describe steps leading up to encountering (and reproduce whenever possible) the Incident and assist Atheer in diagnosing and triaging the problem.

2. Support Hours. Atheer will respond to Client Support Service requests submitted via the Support Portal during the following support hours: 9:00 am through 5:00 pm (Pacific Standard Time); Monday through Friday (excluding holidays)

3. Named Client Contacts. Client is entitled to have one (1) named contact to serve as the primary contact (“Named Contact”) between Client and Atheer and is the only person authorized to submit Support cases to, and interact with, Atheer Support personnel. A named contact must be an internal resource who is knowledgeable about Client’s operating environment and operation of the Service. Each named contact must go through Atheer support training. Client may have more than one (1) named contacts for an additional fee.

4. Incident Response. Atheer’s Support personnel will assign a priority level (“Priority Level”) to each Incident per Table 1 below and seek to provide responses in accordance with the Table 2 below.

Table 1: Severity Levels
Severity LevelSeverity DesignationDefinition
P1Severe Business ImpactA catastrophic service program error which causes a complete loss of Service or system wide outage preventing all users from accessing the Service
P2Significant Loss of FunctionalityCritical Service functionality error with no acceptable workaround available which either (a) causes a loss of service or outage preventing at least 20% of Authorized Users from accessing the Service, or (b) prevents some critical Service function or process from substantially meeting the Documentation, resulting in a significant impact to the performance of Customer’s business operations
P3Minor ImpactAn error in the Service which does not meet the definition of P1 or P2 and which (a) prevents some Service function or process from substantially meeting the Documentation, and (b) results in one or more critical Service functions or processes being unavailable for a critical mass of Authorized Users; however, the Customer operation of the Service can continue in a restricted fashion or with an acceptable workaround.
P4No Operational ImpactA Service program error is preventing some Service function or process from substantially meeting the Documentation but does not significantly impact use of the Service in the performance of Customer’s business operations.
Table 2
Severity LevelTarget Response Time
P14 Business Hours
P22 Business Days
P35 Business Days
P45 Business Days

5. Exclusions

Atheer will have no obligation to provide Support for Incidents arising from: (a) use of the Service in a manner not authorized in the Agreement, Order Form, or the applicable Documentation; (b) general Internet problems, Force Majeure events, or other factors outside of Atheer’s reasonable control; (c) Customer’s equipment, software, network connections, or other infrastructure; (d) third party systems, acts, or omissions.

6. Uptime.

The following terms will apply with respect to the Service to which Customer has subscribed under an Order Form (and not to any mobile application or other means of accessing the Service):

a. Target Availability. Atheer will use commercially reasonable efforts to make the Service available during the applicable Subscription Term with an average monthly uptime as listed below (“Target Availability”):

  Target System Availability: 98.5% System Availability percentage during each Month

b. System Availability. Monthly System Availability percentage is calculated as follows:

  System Availability % = ((Total Minutes in a Month – Downtime) / Total Minutes in a Month) x 100

c. Definitions. The following terms have the definitions set forth below:

i. “Business Day” means the period from 9am PT through 5pm PT, Monday through Friday excluding holidays.

ii. “Business Hour” means a one-hour period occurring during a Business Day.

iii. “Downtime” means the Total Minutes in the Month during which the applicable Service is not available minus Excluded Downtime.

iv. “Excluded Downtime” means the Total Minutes in a Month attributable to one or more of the following: (i) Scheduled Maintenance: (ii) unavailability due to factors outside of Atheer’s reasonable control, such as Force Majeure events, or other unpredictable or unforeseeable events that could not have been avoided even if reasonable care had been exercised; (iii) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (iv) Customer equipment, software, network connections, or other infrastructure; (v) general Internet problems; or (vi) Third party systems, acts, or omissions.

v. “Month” means a calendar month during the applicable Subscription Term.

vi. “Scheduled Maintenance” means (a) scheduled maintenance of the Service either during the Maintenance Windows referred to below, (b) maintenance for which Atheer notifies Customer at least twenty-four (24) hours in advance, and (c) reasonable emergency maintenance. Scheduled Maintenance will not exceed eight (8) hours per month.

vii. “Total Minutes in the Month” are measured on a 24/7 basis during the applicable Month.

d. Maintenance Windows. Maintenance Windows for the Service may vary from time to time. Atheer will provide Customer periodic notice of applicable Maintenance Windows on its customer portal.

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