Service Availability

During the then-current term of the applicable Betterworks agreement between Betterworks and the Customer specified on the applicable Order Form (the “Agreement”), the Betterworks product delivered via HTTPS at https://www.betterworks.com (the “Betterworks Service”) will be operational and available to Customer at least 99.9% of the time in any calendar month (the “Uptime Guarantee”). Any unscheduled outage, unexpected disruptions, or downtime without prior notification to Customer will be included in calculating the Monthly Uptime Percentage; provided, however, that Routine Maintenance will not be used to measure against the Monthly Uptime Percentage.

Routine Maintenance

Routine Maintenance shall mean maintenance to the Betterworks Service, including such things as upgrades and service patches, performed every Tuesday between the hours of 10:00 PM and 1:00 AM ET, as well as between the hours of 3:00 PM and 11:00 PM ET on the second and last Saturday of each calendar month (“Routine Maintenance”). Betterworks reserves the right to perform Routine Maintenance during these hours without prior notifications to Customers. In some instances, Customer may be unable to access the Betterworks Service during Routine Maintenance. 

Enterprise Support

For all Betterworks Services, up to 5 Support Users (1 Support User for Team Edition) can create new tickets/view status on existing tickets or submit feature request enhancements to the product on behalf of Customer and its Users. Customer can assign its designated Support Users during Betterworks onboarding and can ament its designated Support Users at any time.
Betterworks shall provide live support via email/web for Support Users as follows, between the hours of 5:00 AM – 8:00 PM Eastern Time, Monday through Friday, excluding U.S. public holidays.
–     Initial Response time: 8 Business Hours
–     Question Resolution: 24 Business Hours
–     PO (Critical Issues) Initial Response: 4 Business Hours
–     PO Resolution: 8 Business Hours (If Betterworks determines that PO issues may require more than 8 Business Hours to resolve, Betterworks will present, as part of its initial response, a remediation and mitigation plan including an estimated resolution time frame based on the extent and nature of that issue)
–     Bug Resolution: Bugs will be prioritized internally according to severity. 

Service Credits

In the unlikely event that Betterworks fails to meet its Uptime Guarantee for any calendar month, the Customer shall be eligible to receive additional days of service, free of charge, under the Agreement (the “Service Credit”) as follows:

In order to be eligible to receive a Service Credit, the Customer must request such Service Credit from Betterworks no later than thirty (30) days following the end of any month in which Customer believes that the Uptime Guarantee was not met. Service Credits not requested within such thirty (30) day period will be automatically forfeited.

Service Credits shall be Customer’s sole remedy for Betterworks’ failure to meet the Uptime Guarantee. The maximum number of Service Credits to be issued to Customer for any month in which Betterworks’ Uptime Guarantee has not been met shall be thirty (30) days, as indicated in the table above.

Version 2.3
Published Online March 22, 2022