Marigold Global Support
These supplemental terms (as modified from time to time by Company in its sole discretion) defines the Support offering included in Customer’s Order Form. For clarity, the following terms only apply to Company’s Engage+, Loyalty, or Grow products.
Capitalized terms not defined herein shall have the meaning set forth in the Agreement.
Overview
- Definitions
The following defined terms are used to describe the Support services:
a. “Agreement” means, as applicable, either the: 1) Services Agreement located at meetmarigold.com/services-agreement, as updated from time to time; or 2) a superseding written agreement for use of the Services executed by and between Company and Customer.
b. “Business Hours” refers to the hours of regular operation, excluding Company holidays, which can be found at https://help.cheetahces.com/hc/en-us/articles/9585841470237-Contacting-Support
c. “Designated Admins” means the technical contacts, as designated by Customer, who are responsible for interfacing with Company to provide information, work through instructions, and confirm resolution of any Incident(s).
d. A “Designated Support Engineer” or “DSE” is a Support engineer who is assigned to the Customer and possesses the necessary skills and expertise in supporting the Company product that the Customer has purchased Enterprise Support for
e. “Error(s)” means a reproducible failure of a properly licensed, implemented, and used Company product to perform in substantial conformity with its accompanying documentation.
f. “Incident” means a single Support issue, generally an Error, or usage question with a Company product and the reasonable effort needed to resolve it.
g. “Implementation Handover” refers to the process in which the Company’s technical services team provides Support, overview, and documentation of the implementation as delivered by Company’s technical services.
h. “Monitoring and Alerting” means basic monitoring of the overall service. Customized monitoring is custom to the Customer’s requirements – e.g., campaigns, import tasks and reporting.
i. “Phone Support” means Support that is initiated by phone.
j. “Severity Level 1” or “S1” means an Incident where, in a production environment, a workaround is not immediately available and a large portion of Customer’s environment is so severely impacted that the Customer cannot reasonably operate, notwithstanding proper installation and use of the Company product(s) and: (a) a substantial portion of the Company product(s) does not operate; or (b) there is an Error in a major program function that renders such major program function completely unusable; (e.g., the Service is down).
k. “Severity Level 2” or “S2” means an Incident where, notwithstanding proper installation and use of the Company product(s): (a) there is an Error in a major program function causing significant impact to the Company’s product(s) such that the Company product(s) is difficult but not impossible to use; or (b) there is an Error that causes a third-party, mission-critical application to be unstable (e.g., API, imports/exports, links, images, potential security incident).
l. “Severity Level 3” or “S3” means an Incident where, notwithstanding proper installation and use of the Company product(s): (a) there is non-critical degradation of performance or function in the Company’s product(s); or (b) there are minor intermittent problems in the Company product(s). A commercially reasonable workaround may be available (e.g., errors in data management, filters, templates, reporting, deliverability, activity tracking).
m. “Severity Level 4” or “S4” means all requests for enhancements to the Software, information on the Software, questions regarding the Software, documentation issues concerning the Software, or Errors with little or no effect on normal operation of the Software (e.g., questions about general functionality, SSL, account activation, PW reset, data pull).
n. “Support” means the support services designed to resolve Errors and Incidents in the installation, configuration, and usage of the Software, but does not include any type of assisted deployment, design particular to bespoke requirements, or assistance with Third Party Products being used in conjunction with the Software.
o.“Support Portal” means the Support website located at: https://support.meetmarigold.com. Company will provide Customer’s Designated Admins and Authorized Contacts with access to its Support Portal, a secure web-based tool used to create, view, comment on, escalate and/or provide feedback on, Support cases.
p. “Third Party Products” means any software or hardware that is manufactured by a party other than Company and is either (i) not delivered with the Software, or (ii) not incorporated into the Software.
2. Support Levels
The table below sets out the Support that will be available to Customer based on the level of Support specified in Customer’s Ordering Document.
| SUPPORT FEATURE | SUPPORT LEVELS | ||
|---|---|---|---|
| STANDARD | PREMIUM | ENTERPRISE | |
| Telephone Technical Support | Business Hours* | 24×7** | 24×7** |
| 24×7 Support Portal Access | ✓ | ✓ | ✓ |
| 24×7 Knowledge Base | ✓ | ✓ | ✓ |
| Designated Admins | 3 | 5 | 10 |
| Company Resources | Global support team | Regional support team | Designated Support Engineer/Enterprise Team |
| In-Depth Case Review | N/A | Upon Request | Weekly |
| Major Incident Root Cause Analysis | N/A | S1 only | S1/S2 |
| Monitoring and Alerting | Basic | Basic | Customized |
| Implementation Handover | N/A | Included | Included + Annual Review |
| New Release Notification | N/A | Standard | Proactive Notification and Personalized Discussion |
*Severity 1 incidents only
**Only S1 incidents outside of Business Hours
3. Incident Submission and Processing
Customer may submit Incidents 24 hours per day, 365 days per year via the online Support Portal. Customer may also report Incidents by phone during Business Hours.
Company will direct Customer to a Support center within the corresponding geography (Americas; Europe; or the Asia Pacific region) and responses from Support will be delivered during Business Hours for that geographic region.
For Premium and Enterprise Support, Customers may report a Severity Level 1 Incident outside of Business Hours via Phone Support. If the Incident is not resolved during Business Hours of the regional Support center to which the Incident is initially reported, and the Incident requires around-the-clock work, Company will transfer the Incident to other Support sites in the United States, Asia, and/or Europe, as needed, to make dedicated resources available on a 24×7 basis to provide information and assist Company Support as needed.
When notifying Company of any Incident, Customer must provide detailed information about any suspected Error(s), including an example, the context in which it was encountered, details of Customer’s system configuration, and the steps necessary to generate or reproduce the Error. The severity level of an Incident shall be determined by mutual agreement between Customer and Company (using the severity definitions described in these terms). Subject to Customer’s approval on a case-by-case basis, Customers may be asked to provide Company with remote access to the Service.
For Enterprise Support customers, a Designated Support Engineer will be assigned. Additional DSEs can be purchased if Customer requires Support for other products. The DSE will be available during normal Business Hours and is responsible for Customer submitted Incidents. In the event the DSE is not available, Company will provide a back-up engineer.
Enterprise Support customers will be provided access to a Support manager who is available to manage escalated Incidents or coordinating Incidents across time zones for customers with multiple sites in different geographic locations.
4. Authorized Technical Contacts and Designated Admins
Customer will provide technical contacts to Company as reasonably required to provide information, work through instructions, and confirm resolution of the Incident. Customer’s Designated Admins will be responsible for interfacing with Company Support personnel. Each technical contact must be familiar with the Software and be capable of performing necessary administrative functions.
5. Response Times
Company will use commercially reasonable efforts to respond to each reported Incident within the following initial response time targets during Business Hours:
| BUSINESS IMPACT | STANDARD | PREMIUM | ENTERPRISE |
| S1 — Critical | 2 business hours | 1 hour | 30 min. |
| S2 — High | 4 business hours | 2 business hours | 1 business hours |
| S3 — Medium | 8 business hours | 6 business hours | 6 business hours |
| S4 — Low | 2 business days | 1 business day | 1 business day |
To be eligible for the response times above, Customer must submit S1/S2 Incidents to Company by phone.
6. On-going Updates
Company will use commercially reasonable efforts to provide on-going updates for each reported Incident within the following time targets during Business Hours:
| BUSINESS IMPACT | STANDARD | PREMIUM | ENTERPRISE |
| S1 — Critical | 8 business hours | 4 business hours. | 2 business hours |
| S2 — High | 5 business days. | 1 business day | 6 business hours |
| S3 — Medium | N/A | 2 business days | 1 business day |
| S4 — Low | N/A | 5 business days | 2 business day |
7. Support Exceptions
Company shall be under no obligation to furnish Support for any Software to the extent that such Support is necessary or desired as a result of: (i) the operation of the Software in configurations outside those described in the Agreement, applicable Order Form, or Company’s documentation; (ii) actions of any third party other than Company or a third party authorized by Company; and (iii) causes unrelated to the Software as delivered to Customer by Company, including without limitation, unauthorized modifications to the Software, made by you or on your behalf.
Company’s standard Support is designed to assist Customers with Errors and Incidents in the normal usage of the Software in Customer’s environment and does not include product training, implementation services, and customization services.
Should Customer need assistance beyond what is included in Support, Customer may choose to engage Marigold Professional Services Teams at an additional cost. Find out more about Marigold Professional Services at: https://www.cheetahdigital.com/solutions/cheetah-professional-services-teams/
Last Modified Date: 06/14/2024
