This Anaconda Support and Maintenance Policy (the “Support Policy”) describes the terms and conditions applicable to the support and maintenance services (“Support Services”) to be provided by Anaconda, Inc. (“We” or “Anaconda”) to the person or entity with a purchased Subscription (“You” or “Customer”) for the Anaconda Offering and Support Services as set forth in Your applicable Order. Capitalized terms used in this Support Policy and not otherwise defined herein, or in Customer’s applicable agreement, are defined in Section 1 (Definitions). Anaconda may terminate the Support Services if you fail to comply with any term of this Support Policy.

1. DEFINITIONS.

  1. Anaconda Business” means a comprehensive cloud-based repository and security solution that combines repository management and security functionalities into a single integrated platform, eliminating the need for self-hosting. 
  2. Available” or “Availability” means the ability of an Offering to be accessible and usable to Customer. 
  3. Availability Percentage” means the percentage of time that an Offering is Available in a calendar month, calculated in accordance with the following formula: [(A – U) / A] x 100 ≥ 99.5%. Where: (a) A equals total availability, and (b) U equals unavailable time.
  4. Customization” means anything that changes the way our Offerings look or function relative to how we make our Offerings generally available to Customers.
  5. Error(s)” means a reproducible failure of an Offering to perform in substantial conformity with the Documentation.
  6. Priority” is determined by Anaconda Support by combining Service Impact and Urgency, to ensure responses are made within the appropriate time frame. 
  7. Named Support Contact(s)” means Users of an applicable licensed Offering who are proficient in such Offering and knowledgeable in the internal build systems, tools, policies, and practices in use by the Customer. Named Support Contacts may only submit Errors related to the applicable Anaconda Offering. Named Support Contacts are limited to the number specified in the Support Policy.
  8. Service Impact” measures the effect of the Error on the Customer’s business.
  9. Urgency” reflects how quickly the Error or issue needs to be resolved.
  10. Version” means an Offering configuration identified by a numeric representation, whether left or right of the decimal place.

2. ANACONDA SUPPORT TIERS.

When a Customer subscribes to and/or licenses an Offering, the Customer will have access to Support Services in accordance with the tiers outlined below:

  1. User Care. “User Care” handles the initial contact with Customers and Named Support Contacts regarding basic troubleshooting. The User Care Team support examples include locating basic account information, login and password problems, organization administration, billing and email issues, and token access troubleshooting.
  2. Tier 1 Support. “Tier 1 Support” is the first line of defense for technical Errors. This team is responsible for more technical and Offering-related troubleshooting and may require escalated support from other departments within Anaconda. Tier 1 Support requests are submitted using Tier 1 Support tickets (“Tickets”), which are allocated per month. Please see the Order for Ticket allotment. Tier 1 Support examples include repository Availability, conda operation Errors, basic Package availability and interoperability support, support for basic Offering features (as outlined in the Documentation (found at https://www.anaconda.com/docs/main). If no solution is available, Tier 1 personnel may escalate the incident to Tier 2 Support. 
  3. Tier 2 Support. “Tier 2 Support” is the second line of defense, used for more complex Errors and is not guaranteed with the Services and only available with  specific Offerings. Tier 2 Support requests are completed using Tier 2 Support hours (“Hours”), which are allocated per contract term. At the end of each contract term, unused Hours expire and will not roll over. Additional Hours can be purchased upon request. Such additional Hours expire one (1) year after purchase. Please see the Order for Hours allotment. Tier 2 Support examples include custom conda Package builds, custom installer builds, Package usage questions, and advanced troubleshooting. If no solution is available, Anaconda Support Personnel may escalate the Error to the Offering development team (“Offering Development”) and up to the number of Tier 2 hours available, will make reasonable efforts to provide a solution.
  4. Tier 2 Support Projects. Unused Hours from any existing Order may be applied to other Customer-initiated support Projects, provided that the unused Hours are reduced in direct proportion to the Hours applied to such Project(s). “Projects” will mean professional services to be performed by Anaconda to achieve a specified goal and/or objective, which will have clearly defined start and end dates, tasks, deliverables, itemized costs, including Hour allotment; and will terminate once all tasks, services, and deliverables have been delivered to and/or accepted by Customer.

3. TICKETS & HOURS.

Customer will have access to Tickets and Hours in accordance with the Service Levels outlined in Appendix A (Service Level Description). Additional quantities may be purchased in an additional Order. 

4. CONTACTING ANACONDA SUPPORT.

  1. Anaconda Support Portal. The “Support Portal” is the entry point to the Anaconda Support Services. The Anaconda Support Portal is available 24 x 7 to receive inquiries, and the responses will be given on a business hours schedule. Customers with a login to the Anaconda Support Portal have access to even more information and can open and update a support case. Customers with a login to the support site are the Named Support Contacts of the Customer.

5. ADDITIONAL RESOURCES.

Many resources are available to any visitor of the site:

  1. Documentation 
  2. Anaconda Community 
  3. Named Support Contact Admin Portal
  4. Non-Technical Support

6. CUSTOMER RESPONSIBILITIES.

  1. Named Support Contacts.
    1. Assignment of Named Support Contacts.  Provided Customer possesses an active Order, Customer is entitled to establish individual named User accounts on the Anaconda Support Portal to request Support Services. A Named Support Contact can open support cases, maintain Named Support Contacts, and access self-service materials only available to customers with a valid Order. 
    2. Replacement of Named Support Contacts. Customer may at any time replace Named Support Contacts by using the self-administration features available on the Support Portal. 
    3. Limit of Contacts. Every Customer will be entitled to a limited number of five (5) Named Support Contacts.
    4. Named Support Contact Responsibilities. The Named Support Contact(s) will carry out the following responsibilities:
      1. Reporting. Open a case using the Support Portal to report Errors or request assistance. Including the following details when reporting any Error or issue will allow Anaconda Support to assist more quickly: (i) A clear description of the Error or issue including the expected and actual results, (ii) a description of the impact on the business because of the Error or issue being encountered, and (iii) supporting information such as screenshots or log files.
      2. Primary Contact. Named Support Contacts will be the primary point of contact for the Customer with Anaconda for the purposes of progressing an Error. Named Support Contacts will coordinate any Customer resources where resolution plan activities require it.
      3. Reasonable Assistance. Named Support Contacts will provide reasonable assistance to Anaconda during the Error investigation, including capturing and documenting all relevant information requested by Anaconda.
      4. Offering Knowledge. Named Support Contacts will develop and maintain a working knowledge of the licensed Offering(s).
      5. Remote Access. Provide reasonable remote access to Customer systems to assist in Error resolution, if and to the extent required.
      6. Confirmation. Confirm resolutions within five (5) calendar days of receipt or advise Anaconda when this may be possible.
  2. Customer Administrator. Customer may designate an administrator within its Support Portal, who will have the ability to view and manage all Tickets submitted under Customer’s domain.
  3. Additional Customer Responsibilities. The Customer is responsible for making sure that the Customer environment, hardware, network, operating system(s), databases, security (i.e. data, password, etc), virus protection, backup software and procedures, data recovery programs and the like are always adequate for the purchased Offering(s) as specified in the relevant Documentation.

7. ANACONDA SUPPORT RESPONSIBILITIES.

  1. Support Process. Anaconda Support will: (i) Contact the Named Support Contact to acknowledge receipt of the Error, begin work on the case, and request additional information if needed; (ii) Involve additional Anaconda resources, as required; (iii) Provide regular updates to the Named Support Contact(s) via email or the Support Portal and keep a record of those updates in the Support Portal, until the Error or issue is resolved, or a workaround has been provided; and (iv) When appropriate, a case may be transferred to a TAM, CSM, or any other Anaconda services team, and closed within the Anaconda Support Portal. 
  2. Anaconda’s Effort. While Anaconda will make commercially reasonable efforts to correct Errors in the Offering(s) and respond to the Named Support Contact on Errors and issues during the corresponding service hours (“Service Hours”) set forth in Appendix A (Service Level Description) to this Support Policy, Customer acknowledges that it may not be possible for Anaconda to correct every or any Error, issue, Vulnerability, defect, or problem reported by Customer or of which Anaconda is otherwise made aware. 
  3. Fault Replication. As a part of the troubleshooting process, Anaconda may ask a Customer to replicate and document the Error or issue. Anaconda will also attempt to replicate the Error or issue. While Anaconda will use every reasonable means to troubleshoot an Error or issue, if the Error or issue cannot be replicated, additional logging, if available, may be enabled so that in the event the Error or issue recurs, sufficient information might exist to progress the Error or issue diagnosis. In these cases, the Support Request may be closed and reopened when, and if, the Error or issue recurs, and the logging is available to investigate further. 
  4. Security. Anaconda will maintain industry-standard physical and data security systems that are reasonably designed to prevent unauthorized access to the servers that make an Offering available to Customer. Anaconda’s standard practice for cloud services is to routinely backup all Customer Data necessary to, and/or generated by, an Offering. All storage, backup and archival media containing Customer Data will: (i) be physically stored in a secured area; (ii) be logically separated from any other customers’ data; and (iii) be protected by industry-standard encryption methods. In case of on-prem services the client will be responsible for its own backup and data recovery routine. 
  5. Monitoring & Availability. Anaconda will use commercially reasonable efforts to (i) monitor the Offering(s) and related infrastructure for opportunities to address performance, availability, and security issues; and (ii) at Anaconda’s discretion, deliver functionality enhancements to address customer and market requirements to improve such Offering(s) based on Anaconda innovation. 
  6. Update Process. Customer will comply with Anaconda’s update and release process (the “Update Process”). Customer understands that Support Services may not be available if Customer does not comply with the Update Process, and that only the latest release of the Offering(s) contains the most current features, availability, performance, and security, including fixes. Anaconda is not responsible for Offering defects, security issues, or failure to meet the SLA in Appendix A (Service Level Description) when Customer is not in compliance with the Update Process. Anaconda may announce the end of life or version for any supported Offering. This will be published in public-facing documentation, including but not limited to anaconda.com blog posts and https://www.anaconda.com/docs/main. Only the current supported versions are eligible for Anaconda Support. For unsupported versions, any assistance would be on a best-effort basis and may also require the use of Tier 2 Hours. For managed or on-premise Offering(s), Anaconda support can help coordinate an upgrade working session with our integration team as part of your Offering(s) subscription upon request to help maintain compliance.
  7. Open Source. Anaconda may make certain Open Source Packages  available for use with or within the Offering(s) as described in the Documentation. Certain Packages within the Anaconda Offerings are eligible for support, provided that Anaconda will only be obligated to support: (i) the most current release of the Package, (ii) Packages which have not been changed, modified or altered in any manner except by Anaconda, and (iii) Packages used in accordance with the Documentation. 
  8. Python Version Support. Anaconda will provide Support Services for Errors associated with the most current version of Python released, plus one prior version. Anaconda will not be obligated to provide Support Services in connection with any earlier version(s) of Python. 

8. CUSTOMIZATION.

While Anaconda can help a Customer to configure Anaconda Business within the capabilities of each feature, we do not customize our Offerings or provide Support Services for any third-party Customizations of our Offerings. If a Customer needs a Customization, we do our best to offer advice and direct Customers to appropriate resources. Anaconda does not take responsibility for and does not endorse third-party solutions for Customization.

9. OFFERING ENHANCEMENT REQUESTS.

Customer suggestions for Offering improvements or requests to add functionality to an Offering (“Offering Enhancements”) are very important in Anaconda’s planning process. To raise an Offering Enhancement request, go to https://support.anaconda.com/hc/en-us/requests/new?ticket_form_id=360000993773 and submit a Support request. Please be aware that whilst the request will be reviewed and evaluated for possible inclusion in a subsequent release, Anaconda provides no commitment to implement any submitted Offering Enhancement request and has sole discretion over inclusion of any suggested Offering Enhancements in future releases.

10. SUPPORTED ERRORS & ISSUES.

  1. Supported Errors or issues. Examples of Errors or issues that are included within this Support Policy: (i) An Offering does not perform substantially in accordance with the current Documentation; (ii) A User is unable to gain access or make an Offering or Platform perform substantially in accordance with the then-current Documentation; or (iii) An Offering does not appear to be operational or function as designed.
  2. Unsupported Errors or issues. Examples of Errors or issues that are not included within this Support Policy include, but are not limited to: (i) Errors or issues arising where significant training is required to assist the Customer (these will require guiding customers to online education options or their TAM or CSM to provide them with an education program that is appropriate; (ii) Errors or issues arising from the completeness, accuracy, or quality of Customer Data. (These can be resolved with a Professional Services engagement); (iii) Customer changes to an Offering environment that would normally relate to implementation activities, such as modifications to customizations, integrations, etc. (these can be resolved with a Professional Services engagement.); (iv) Bug defects caused by internet browsers outside of Anaconda supported browsers; (v) Modifying and/or patching third party or open-source software Packages for compatibility with an Offering; (vi) For support requests not included within this Support Policy, Anaconda may respond to such requests as a Project on a time and materials basis.

11. SUPPORT TICKET & CASE HANDLING.

  1. Service Target. 
    1. Initial Response Time” is the cumulative time in Business Hours from confirmation that an Error or issue has been raised to the initial technical response by Anaconda. This response may result in the resolution of the Error or issue logged or may form the basis for determining what additional actions are required to achieve resolution of the Error or issue. 
  2. Service Levels. Unless otherwise stated in a custom agreement or Order, the support service levels (“Service Levels”) listed in Appendix A (Service Level Description), and described further in this Support Policy will apply. Customer should refer to its Order to confirm the relevant Service Tier.

12. PRIORITY CATEGORIZATIONS.

  1. Initial Case Priority. The initial priority of each case is determined by the Customer’s Named Support Contact, who will note the Service Impact to the Customer’s business and the Urgency of the matter based on the Error or issue. 
  2. Prioritization Definitions. 
    1. Priority 1 (“P1”):
      1. Urgency: Critical
      2. Service Impact: Error or issue is extensive/widespread critically affecting core business processes or core functionality is critically affected or mission-critical data loss or data integrity compromised or widespread failure. There is no acceptable workaround or alternative solution available. When Anaconda determines that the Error or issue is a P1, Anaconda will employ commercially reasonable efforts designed to resolve the Error or issue, including the engagement of engineers on a 24×7 basis as long as useful progress can be made. Whilst a P1 service request remains active, Anaconda will assign a designated point of contact to the Customer, who will be available 24×7 for paid on-prem premium support Errors and issues, and within the Anaconda’s Business Hours for all other support Errors and issues.
    2. Priority 2 (“P2):
      1. Urgency: High
      2. Service Impact:  Error or issue seriously interrupts Customer’s business, causing work to slow or stop, because Customer’s required functionality use is extremely restricted or unusable; no acceptable workaround or alternative solution is available. When Anaconda determines that the Error or issue is P2, Anaconda will employ commercially reasonable efforts designed to resolve the Error or issue, including the engagement of engineers within local Business Hours, until the Error or issue is resolved, or as long as useful progress can be made. While a P2 service request remains active, Anaconda will assign a designated point of contact to the customer, who will be available within standard Business Hours.
    3. Priority 3 (“P3”):
      1. Urgency: Normal
      2. Service Impact: Error or issue in an Offering where functionality is restricted but operational, or some operations are impaired, and Users can continue to conduct business services. An acceptable workaround or alternative solution is available to resolve the restriction or limitation and allow reasonable use of an Offering. Anaconda will use commercially reasonable efforts to respond to P3 service requests within the Initial Response Time in Appendix A (Service Level Description).
    4. Priority 4 (“P4”): 
      1. Urgency: Low
      2. Service Impact: The Offering(s) or Customer’s business is generally unaffected by an Error; general usage questions, enhancement requests, Offering-related education, change to Documentation, or any other issues. An acceptable workaround or alternative solution is either available or not required. Anaconda will use commercially reasonable efforts to respond to P4 service requests within the Initial Response Time in Appendix A (Service Level Description), which is applicable only to Tier 1 Support.
  3. Case Priority Re-Classification. Anaconda reserves the right to change the Priority of a case where Service Impact or Urgency appears to have been overstated. When Anaconda has provided a workaround to a P1 or P2 case (by procedural workaround, system restart, hotfix, or otherwise) it will be reclassified as a P3 until the Customer confirms the case may be closed. If the Named Support Contact determines that the Priority of an existing case needs to be changed or the case escalated, the Named Support Contact may request escalation through the Escalation Process in Section 13 (Escalation) below. 

13. ESCALATION.

  1. Escalation Process. Escalation is an activity that obtains additional resources or management visibility when needed to meet service targets or Customer’s expectations.
    1. Level 1: 
      1. Contact: Escalate within the Support Portal
      2. Escalation Procedure: Within the Anaconda Support Portal open the case, request escalation, and enter the reason in the comment box. The Anaconda support engineer will be notified of the escalation request and will notify the support manager. Anaconda’s goal is for the Anaconda support engineer or support manager to contact the Customer within eight (8) Business Hours to acknowledge the escalation request.
    2. Level 2:
      1. Contact: Support Services Team
      2. Escalation Procedure: Send an email to the support manager at [email protected] providing the case number, reason for escalation, and business need. This is seen by the Anaconda Support management team and Anaconda’s goal is for a manager or appointed deputy to contact the Customer within four (4) Business Hours to discuss next steps.
    3. Level 3:
      1. Contact: Support Services Manager
      2. Escalation Procedure: If the escalation remains unresolved, the Customer and/or the support manager may escalate to the Anaconda business leaders,who will work towards resolution with the appropriate resources, communicating with the Customer as necessary.

14. CASE CLOSURE.

Anaconda Support may close a case due to any of one of the following circumstances:

  1. The Anaconda Support engineer provides a solution to resolve the case. This may be a workaround.
  2. A defect or Offering Enhancement request has been logged with Offering Development and Anaconda Support can no longer progress the Error or issue.
  3. A hotfix has been made available to resolve the case.
  4. The Named Support Contact has requested the closure.
  5. The reported Error or issue is determined to be out of scope of the Support Services covered in this Support Policy or the Subscription  Agreement (for example, customization requests, sales requests, or consultative services). 
  6. An Offering Version for which Support Services has been requested is no longer supported as defined by the Anaconda Update Process.
  7. The Customer no longer has an active Order for Support Services.
  8. After three (3) consecutive attempts to contact the Named Support Contact(s), Anaconda received no response. New Errors, issues, or questions that may arise should be entered as separate support cases.

15. PREMIUM SUPPORT.

If Customer has Premium Support listed in their applicable Order, the following services will apply in addition to the Support Services above:

  1. Premium Service Hours. Anaconda will make commercially reasonable efforts to contact the Named Support Contact on P1 Errors and issues during the Premium Support Service Hours set forth in Appendix A (Service Level Description) to this Support Policy.
  2. Additional Support. Named Support Contacts have direct access to a primary named technical account manager (“TAM”), where applicable, and customer success manager (“CSM”) during standard Service Hours. The TAM/CSM will make commercially reasonable efforts to ensure that Errors and issues are prioritized, routed, and managed according to the Premium Support Services offered herein. TAMs/CSMs will also provide guidance on best practices and recommendations for an Offering after assessing Customer’s business needs and requirements.
  3. P1 Error or Issue Priority. The definition of P1 Errors or issues set forth in the Support Policy will also include Errors or issues that have severely impacted the performance of the Platform and as a result the Customer experiences a complete loss of core business process and work cannot reasonably continue. P1 Errors or issues must be submitted through the Anaconda Support Portal for rapid response. In the case where multiple Errors or issues are escalated, a Support Manager may be assigned for expedited resolution.
  4. Case Oversight. The TAM and the support team will make reasonable efforts to (i) ensure ongoing investigation and resolution of any Error or issue and (ii) review and consider Customer’s use of the Offering.

APPENDIX A

SERVICE LEVEL DESCRIPTION

This Service Level Description (“SLA”) describes the levels of Availability and Support Services that Customer can expect to receive from Anaconda during the Subscription Term. It also details the Service Credits Anaconda may provide Customer if Anaconda does not comply with the defined Offering(s) Availability and support terms. 

  1. SERVICE LEVELS. 

DISCLAIMER: Please be aware that the User Care Team and Tier 2 Support do not have a Service Level Agreement (SLA) in place. Therefore, response and resolution times for inquiries or issues escalated to these support levels may vary depending on the complexity and nature of the specific case. With respect to general Support, Anaconda undertakes to make  reasonable efforts to assist customers and address their concerns in a timely manner.

SERVICE HOURS TIER 1 SUPPORT: 6AM – 6 PM CST Monday – Friday
SUBSCRIPTION OFFERING(S) ANACONDA BUSINESS
Support Level Basic Standard Premium
Named Support Contacts 5 5 5
Tier 1 Tickets / Month 4 10 30
Tier 2 Hours / Year 4 10 30
P1 24×7 Response No No Add On
P1 Initial Response Time 48 hours 12 hours 1 hour
P2 Initial Response Time 72 hours 24hours 12 hours
P3 Initial Response Time 72 hours 48 hours 12 hours
P4 Initial Response Time 72 hours 48 hours 12 hours
  1. AVAILABILITY. 
    1. General Availability. Anaconda will use commercially reasonable efforts to make Anaconda Business (excluding any Third-Party Offering) available twenty-four (24) hours a day, seven (7) days a week and for at least 99.7% of the time, excluding Permitted Unavailability. In case of managed hosting, the service availability is 99.9 %. Availability and outage tracking can be located at https://anaconda.statuspage.io/
  2. AVAILABILITY EXCLUSIONS. Availability does not include any loss of time resulting from or related to Errors or issues listed in this Section 3 (Availability Exclusions) (each such period, a “Permitted Unavailability”). Any Permitted Unavailability will not be included in the calculation of Availability Percentage for the applicable month.
    1. Planned maintenance; and 
    2. Errors or issues resulting from events outside of Anaconda’s reasonable control, including, but not limited to problems caused by (i) any Force Majeure Event; (ii) Customer’s or its Users’ equipment, hardware, software, or other technology and/or third-party equipment, hardware, software, or other technology (excluding third-party equipment within Anaconda’s direct control); (iii) Customer or its Users’ failure to follow agreed procedures, the terms of the Your agreement with Anaconda or the applicable Order(s); (iv) unauthorized changes to the Services by Customer; (v) Anaconda’s suspension or termination of Customer’s right to use the Offering in accordance with Your agreement with Anaconda; (vi) irreversible destruction of data directly caused by actions taken by Customer or its Users; (vii) a third party gaining access to the Offering(s) by means of Customer’s Users’ accounts or equipment; (viii) Customer’s continued use of the Services after Anaconda has advised Customer to modify such use, if Customer did not modify its use as advised; (ix) other acts or omissions of Customer, its Users, or any other third party; or (x) non-material or non-critical performance issues, such lagging issues, affecting non-critical individual features for a non-material amount of time (link expansions, search, file uploads, etc.).
  3. TERMINATION FOR REPEATED UNAVAILABLE TIME.  If Availability Percentage is less than 95.00% in any two (2) consecutive calendar months or three (3) times in any consecutive six (6) month calendar period (each a “Triggering Event”), Customer may terminate Your agreement with Anaconda for cause within thirty (30) days from the last day of the month in which the Triggering Event occurred by providing thirty (30) days written notice of termination to Anaconda in accordance with the notice provision of Your agreement with Anaconda. If Customer so requests in their notice of termination, Anaconda will provide Customer with up to thirty (30) days of continued Support Services from the date the notice of termination is received by Anaconda (“Transition Services”). During the Transition Services period, Customer may coordinate the transition of the Services to a new provider. All fees and credits called for under Your agreement with Anaconda, Order Form(s), and SLA will be in full force and effect during the Transition Services period.
    1. Sole Remedy. Any Service Credit provided under this SLA will constitute Anaconda’s sole liability and Customer’s sole and exclusive remedy for any failure to achieve an Availability Percentage of 99.7%. No other or additional type of damages may be claimed, including breach of warranty. Customer may not unilaterally offset against any previously owed Fees. If there are no new invoices to be issued by Anaconda to Customer, Anaconda will pay out the Service Credit to Customer directly. If there is a failure in more than three (3) months in any rolling six (6)-month period, then within thirty (30) days of the most recent failure, Customer may terminate the Agreement and Anaconda will refund Customer any prepaid fees for the affected Offering that was to be provided after the effective date of termination. Credits will be, at Anaconda’s discretion, deducted from subsequent invoices for subscription fees or, upon expiration or termination of the Agreement, paid to Customer directly. Availability will be based on monitoring by Anaconda.
  4. SERVICE CREDITS. Each Service Credit is calculated as a percentage of monthly or annual fees owed or paid by Customer for the applicable month in which the Unavailability issues occurred.
    1. Service Credit Percentages for Availability Service Level Default. For any unavailable time experienced by Customer in a calendar month period, Anaconda will provide a Service Credit. Service Credit will be calculated in accordance with the table below:
AVAILABILITY SERVICE LEVEL DEFAULT SERVICE CREDIT
Less than 99.7% and higher than or equal to 99.0% 3%
Less than 99.0% and higher than or equal to 95.0% 5%
Less than 95.0% 10%
  1. Service Credit Percentages for Support Service Level Default. If the Support Service Level did not meet the Initial Response Time (if applicable to Customer’s selected Offering(s)) in a calendar month, Anaconda will provide a Service Credit. Service Credit will be calculated in accordance with the table below:
SUPPORT SERVICE LEVEL DEFAULT SERVICE CREDIT
85% to 90% of Support Tickets meet the Initial Response (if applicable) 3%
75% to 84% of Support Tickets meet the Initial Response (if applicable) 5%
Less than 75% of Support Tickets meet the Initial Response (if applicable) 10%
  1. SERVICE CREDIT CLAIM. 
    1. Submitting A Service Credit Claim. To make a Service Credit Claim (hereinafter “Claim”), Customer must submit via the Support Portal within thirty (30) days of the month in which the unavailable time occurred, and/or the Initial Response Time did not meet the applicable Severity Level. 
    2. The Claim must include (a) “SLA Claim” as the subject of the Request; (b) the applicable dates and times Service Credit is requested for; and (c) any applicable information that documents the claimed unavailable time or Initial Response Time. 
    3. All Claims will be verified against Anaconda system records. Should Anaconda dispute any period of unavailable time alleged by Customer, Anaconda will provide to Customer a record of the Offering(s)’s availability for the applicable period. Anaconda will provide such records only in response to Claims made by Customer in good faith.
  2. ISSUANCE OF SERVICE CREDITS. If a Service Credit is due to Customer, Anaconda will apply any Service Credits only against future payments otherwise due from Customer for the Offering(s). Service Credits will not entitle Customer to any refund, credit against any other Anaconda software, services, or Offering, or other payment from Anaconda. Service Credits may not be transferred or applied to any other Account. Unless otherwise provided in Your agreement with Anaconda, Customer’s sole and exclusive remedy for any unavailable time, non-performance, or other failure by Anaconda to provide the Availability or Support Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this Support Policy. The total amount of Service Credits awarded in any annual billing period will not, under any circumstance, exceed ten (10) percent of Customer’s cumulative fees paid and/or due to Anaconda in such annual billing period.
  3. SERVICE CREDIT EXCLUSIONS. Anaconda will have no liability for any failure to meet the Service Level to the extent arising from: (i) Errors or issues resulting from Section 3 (Availability Exclusions); (ii) Evaluation or proof-of-concept use of an Offering; or (iii) Anaconda’s preview features (e.g., Beta functionality).