HERE WE WILL ESTABLISH THE AVAILABILITY COMMITMENTS AND PROCEDURES FOR LOGGING AND REPAIRING FAULTS IN ALL PRODUCTS AND SERVICES PROVIDED BY US.
Nomenclatures used:
• Triggering: It is an act of contacting one or more individuals with the aim of requesting help in an ongoing incident and/or problem;
• Platform availability: It means the ratio, expressed as a percentage, of the Theoretical Available Time during which the Platform is fit for use according to its intended purpose;
• Available: It means the ability of a service to be accessed and used according to its intended purpose;
• Fault: It means any failure of the services to operate according to their intended purpose, except if it arises during or as a consequence of any Excluded Time;
• Business Hours: Monday to Friday, from 8:00 AM to 6:00 PM;
• Incident: It is the unplanned interruption of one or more services/products and/or the reduction of their quality according to the agreed requirements;
• Monitoring: It is the ability to collect information and metrics on the health of the products’ infrastructure, with the aim of proactively identifying anomalous behaviors that may impair the use of the products and/or services at some point;
• Service Provider: third-party controllers of other services or communication channels integrated with the services provided by US;
• Request: It is a request for assistance and/or service for clarification of doubts, execution of configuration changes, support for difficulties in using the product and/or fault resolution;
• Temporary Solution: Application of a temporary fix aimed at restoring the service(s);
• Permanent Solution: Application of a permanent fix and/or improvement to the component and/or service responsible (root cause) for an incident and/or problem;
• Excluded Time: It means any time during which the Platform is not available or access to it is restricted;
• Theoretical Available Time: It means the total amount of time for a given period, minus the Excluded Time.
1. WHAT WILL BE ESTABLISHED HERE?
1.1 Here we establish performance and quality standards, thus establishing the respective obligations regarding: (1) the guarantee of the availability of the contracted service and (2) the procedure for handling and supporting calls.
1.2 This Agreement shall apply only to the portion of services connected to ZENVIA, excluding any faults attributable to (1) the Service Provider, (2) Internet problems, (3) and/or faults for which the CLIENT is responsible.
1.3 The “Standard Support” call support contract is the standard when purchasing any service from Zenvia. “Support Business” and “Support Premier” must be indicated according to demand, for executive/commercial.
1.4 The Parties agree that they shall:
a. notify each other as soon as any defect, anomaly, malfunction, or fault that may directly or indirectly affect the services provided is detected;
b. immediately forward to the other Party any communication received from Operators or other controllers of communication channels regarding the services provided, especially those of a technical nature.
2. HOW WILL “FAULTS” AND “IMPACTS” BE CLASSIFIED?
2.1 All faults must be reported by the CLIENT to ZENVIA, following the procedure described in clause 3, stating the nature of the fault and the information necessary for its correct solution.
2.2 For the purposes of this Agreement, a Fault shall be considered reported when ZENVIA’s support team receives a report in accordance with clause 3.1 of this Agreement, either by email or by phone, or (b) when the CLIENT initiates a request/call in ZENVIA’s system to track the Fault;
2.3 After the communication of a fault and the performance of initial investigations by ZENVIA, we will inform the CLIENT, by email, of the following:
a. Date and time when the fault was verified;
b. Severity – classified according to impact from I – IV;
c. Estimated time to resolve the fault.
2.4 The impacts on the services provided by ZENVIA shall be classified according to the specification below:
2.5 Services will be considered unavailable when:
(i) Messages are not delivered to the ZENVIA platform and/or the CLIENT’s platform due to a failure in one of the involved parties (ZENVIA, CLIENT, or Service Provider); or
(ii) Messages are not delivered to the ZENVIA platform and/or to the Service Provider; or
(iii) Other transactions exchanged between OUR platforms with the Service Provider do not occur; or
(iv) Other transactions exchanged between ZENVIA’s platforms and the CLIENT are not being completed due to systemic and/or network failures in one of the environments.
2.6. If the definitive solution for requests considered of medium and low impact, as defined in this Agreement, requires more time than specified in Clause 4, whether due to its technical, economic, or operational complexity, as well as the need to involve internal areas, ZENVIA will present a workaround solution and the average return time for the request, justified and in advance.
3. HOW TO TRIGGER?
3.1 All triggering will be directed and conducted according to the level of impact of the reported problem.
3.2 The categorization of impacts will be carried out at the time of opening the tickets, and may be changed if the requirements are met, in accordance with the stipulations in this Agreement;
3.3 Upon receipt of the fault report and classified according to the criteria of this Agreement, the following escalation level is stipulated:
3.4 If the CLIENT has contracted the Support Business or Support Premier plan, their support will not be restricted to Business Hours. Additionally, the CLIENT will have access to ZENVIA’s dedicated team for their tickets.
3.4.1 However, if YOU have contracted the Premier Support Premium plan and need all your support to be handled by a support analyst designated specifically for YOU, YOU must request support within Business Hours. If YOU need support outside Business Hours, the same structure as Premier Support Business will apply.
4. WHAT WILL BE THE NOTIFICATION X RESOLUTION TIMES?
Standard Support:
4.1 The resolution time applies only to faults within ZENVIA’s direct control, as stipulated in clause 1.2 of this Agreement.
4.1.2 In cases of faults that are not within ZENVIA’s direct control and are attributable to a third-party service provider, the observed resolution time will be that of the third party. By using the Service, the CLIENT agrees to this specific rule.
4.1.3 Except for the responsibilities already provided for in the General Terms of Service, ZENVIA shall not be liable for damages of any kind arising from the fault resolution time attributable to service providers, whether material or non-material, direct or indirect, actual damages or loss of profits.
5. MAINTENANCE WINDOWS
5.1 ZENVIA may perform maintenance on Software (SaaS) and Channels (CPaaS) and services within the Zenvia Customer Cloud, aiming at corrections or enhancement opportunities. We commit to communicate in advance, through our Status Page (https://status.zenvia.com), as per the table below, in cases of interruption, maintenance, technical upgrade, or intervention:
5.2 If any intervention in the services requires actions from the CLIENT, we commit to communicate with a minimum advance notice of 7 (seven) days.
6. AVAILABILITY
The availability of each SaaS product (Attraction, Conversion, Service, Success, Docs, Bots, NLU, NLU Lite, Chat, Zenvia Customer Cloud Portal), each communication channel (SMS, Voice, Email, Whatsapp, RCS, Telegram, Facebook Messenger, Instagram, Webchat, GBM) and/or other services offered within the Zenvia Customer Cloud (ZCC) is stipulated at 99.50%. These availability rates will be measured and evaluated individually.
6.2 The description of metrics, which will have a measurement period between the 1st and last day of the previous month to the request, and the calculation of service availability will be based on the following data:
• Monthly availability calculated = ((720-H) / 720)*100
(In months of 31 days, 744 hours will be considered)
• Where: H = Total hours during which the service was unavailable in the referred month.
6.3 The period of unavailability will be computed by US from the receipt of the request sent by YOU and will be considered concluded from the restoration of the provision of services according to their intended purpose.
6.4 YOU may request the availability indicator of the contracted services for up to 30 days after the last day of the month from which the indicator is intended to be extracted. After this period, WE will not be obliged to provide the requested indicator.
6.5 The following events will NOT be considered as periods of unavailability:
a) Instability and/or Unavailability of services during Maintenance Window and/or scheduled change;
b) Events that can be proven not attributable to the failure of services provided by US, including: fortuitous events or force majeure, in accordance with the determination set forth in article 393 of the Civil Code, or actions taken by third parties not linked to US;
c) Any changes necessary to meet YOUR requests. “Adjustments” are considered all improvements, inclusions, and/or configuration changes in the application provided by US;
d) Problems generated in third-party services (hardware, software, network, applications, and content) and/or applications that have been indicated and determined by YOU to be used together or as support for the services provided by US;
e) Delays and problems related to the lack of delivery or proper formatting of the content provided by YOU;
f) Interruption caused by the network outage of both parties;
g) Failure and/or other issues found regarding YOUR application or system.