Capitalized terms not defined herein have the meanings assigned to them in the main SaaS Agreement between Customer and Sonar Software, to which the below policies are attached. For purposes of these policies, the following definitions will apply:
- Activation. “Activation” refers to the date you, the Customer, are provided access to the Sonar system.
- Actual Downtime. “Actual Downtime” means the total amount of time during any calendar month during which you will not be able to access the SaaS Services, not including the exclusions defined under the Availability Commitment section of this agreement.
- Available. “Available” refers to when Sonar’s system will be available (following Activation) which is defined as 24 hours per day, 7 days per week, less Actual Downtime.
- Customer. “Customer” (referred to as ‘You” or “Customer”) refers to the party that has entered this agreement with Sonar Software.
- Customer Data. “Customer Data” means any of Customer’s or its subscribers’ information, documents, or electronic files, including Personal Information (as defined in the California Consumer Privacy Act (“CCPA”) that are provided to Sonar or otherwise entered into, created by, or uploaded into the Sonar System.
- Error. “Error” refers to any software system design faults, discrepancies, or defects.
- Maintenance Windows. “Maintenance Windows” means collectively, the time periods for standard maintenance and emergency maintenance of the Sonar System.
- Sonar System. “Sonar System” means the ISP Billing and OSS software service and all other software, services, and websites provided by Sonar including Updates.
- Update. “Update” means any patch, bug fix, release, version, modification, or successor to the Sonar System.
Support Services Scope
Support services include both telephone and email support, as well as access to online resources including product documentation and release notes, training materials, and videos. Product documentation, training materials, and release notes can be accessed online within Sonar’s knowledge base, in addition to training videos – all of which are made available to the Customer and can be accessed from Sonar Software’s main website (https://sonar.software/). Sonar Software is committed to resolving your support requests as quickly as possible, however, Support services do not address the items outlined under the Support Exclusions section below.
Support Service Level Agreement
Sonar Software will make every effort to solve critical and high-severity errors reported by the Customer within a reasonable time frame and to the reasonable satisfaction of the Customer. However, Sonar’s ability to resolve the issue also depends on the Customer being as responsive as possible to our inquiries; the Customer should be available and willing to work with Sonar to resolve any support request(s). If Sonar does not receive a response to our request for information necessary to resolve a case, we will close the ticket. With this in mind, you will be able to re-open closed tickets at any point.
Sonar Standard Support Hours
Sonar’s standard support hours are Monday – Friday, from 9:00 a.m. – 7:00 p.m. Eastern time, excluding any observed holidays. For observed holidays that affect only a subset of the Sonar team, support will be provided using commercially reasonable efforts; for observed holidays that affect all of Sonar, our offices will be closed with the exception of after-hours support.
Sonar also offers after-hours support, which is available outside of Sonar’s normal Support business hours, as well as during observed holidays when the Sonar offices are closed. After-hours assistance is available, at a rate of $100 USD per hour, with a minimum 1-hour charge. This charge will be waived if the issue is deemed to be caused by Sonar.
Support Service Level Targets
Response times for Support requests will vary based on call load and time of year. Sonar’s targeted response times during normal business hours are listed in the table below. Sonar strongly encourages the Customer to use the Support email, [email protected], to submit requests and engage with the Support team. For high-priority and critical items, please report them to the Support team via telephone.
Sonar Support may be able to assist the Customer with understanding when there are problems or errors relating to third-party products, however, support of third-party products is not covered under Sonar’s Support agreement. Sonar also has the right to revise severity levels of Support requests, if deemed necessary, as many issues are configuration or environmental issues with the system architecture that are outside the scope of our support.
Sonar is also not obligated to correct any Errors or provide any other support to the extent such Errors or need for support was created in whole or in part by:
- The acts, omissions, negligence, or willful misconduct of the Customer, including any unauthorized modifications of the Sonar System or its operating environment.
- Any failure or defect of the Customer’s or a third party’s equipment, software, facilities, third-party applications, or internet connectivity (or other causes outside of Sonar’s firewall).
- The Customer’s use of the Sonar System other than in accordance with the Documentation, or a Force Majeure Event, as defined in the main Sonar SaaS Agreement.
Sonar commits to its system being Available 99.99% of each calendar month, excluding any planned downtime for maintenance events. Advance notice will be provided for any planned downtime, published on Sonar’s Status page (https://status.sonar.software/) at least 72 hours in advance of when the downtime is expected to start. It is the Customer’s responsibility to sign-up for notifications and updates via Sonar’s Status Page, so that timely communications around outages, planned or otherwise, are automatically received by the Customer.
Emergency maintenance will occur as needed. Sonar will make reasonable efforts to publish emergency Maintenance Windows on Sonar’s Status page (https://status.sonar.software/) in advance of the emergency Maintenance Window, but it is possible that advanced notification of an emergency Maintenance Window may not occur.
Actual Downtime refers to the total amount of time in any calendar month during which You will not be able to access Sonar’s SaaS Services. Actual Downtime does not include:
- Scheduled downtime in order to perform maintenance and/or updates, for which You will receive advance notice from Sonar. Scheduled downtime will occur during the regularly planned maintenance window as Sonar may reasonably designate from time to time. Planned maintenance window(s) will not be scheduled Monday through Friday from 7:00 a.m. to 7:00 p.m. Eastern time.
- Acts or omissions by You, any of your personnel, or anyone gaining access through your personnel’s user names and passwords.
- Your use of hardware and network services controlled by You and whose performance or failure to perform can impair your connections to the Internet and the transmission of data.
- Events beyond Sonar’s Immediate Control (as defined below):
- The flow of data to or from Sonar’s network and other portions of the Internet which depends on the performance of Internet and telephone services not provided or controlled by Sonar.
- A service interruption caused by a security threat, until the security threat has been eliminated.
- A Force Majeure event as defined in Sonar’s main SaaS Agreement.
- Emergency Maintenance – if Emergency Maintenance becomes necessary, Sonar will notify the Customer as soon as is practicable, but will first endeavor to remedy the emergency.
The Sonar System will be hosted in physical facilities that meet industry standards for power and cooling technologies and fire suppression systems and other environmental controls.
Backups & Data Recovery
Sonar will perform weekly full and daily incremental backups of the Sonar System and applicable Customer Data and will perform constant, streaming backups of Customer Data to an offsite data center. Other files will be backed up every thirty (30) minutes. Provided Sonar has the capability to do so, in a commercially reasonable manner, Customer Data and other files will be restored at no charge to Customer if corrupted or lost as a result of Errors in the Sonar System. Any other restoration will be undertaken by Sonar, upon request, at the then-current charge rate set forth on the Sonar website.
You acknowledge and agree that even with the foregoing extensive protections, situations could arise where Customer Data on the Sonar System could be irretrievably lost or become inaccessible because of force majeure events, hackers, or any number of other causes, foreseen, foreseeable, unforeseen or unforeseeable and therefore the final responsibility for the safety of your Customer Data lies with You and that You will maintain your own backups outside of the Sonar system infrastructure sufficient to protect your Customer Data to the level you deem necessary to insure against any loss of your Customer Data kept on the Sonar System infrastructure.
Escalations and Dispute Resolution
If Sonar fails to meet the Availability Commitment, please submit any escalations and/or credit requests through [email protected]. Upon the Customer’s valid request, Sonar shall provide a service credit for Actual Downtime below 99.99%, based on a “per minute” rate calculated by taking the prior month’s invoice payment and dividing by the number of minutes in the current month. This service level credit will be applied to the Customer’s next invoice. If You are past due or in default with respect to any payment or any material contractual obligation to Sonar, You are not eligible for any credit under this Support SLA.