Noibu will maintain and support the Deliverables to ensure solid and reliable connectivity and access by Customer and its authorized users and that the Deliverables perform and operate substantially in accordance with the Specifications contained in the Software Services Agreement. Noibu will promptly repair, without any additional charge, the Deliverables or any portion thereof, that have any bugs, defects or errors (collectively, “Errors”). Noibu commits to a 99.9% uptime for service level availability with a response within the same day during business hours Monday to Friday between 9:00am and 5:00pm EST time. Noibu shall not be responsible for any Outage that occurs as a result of Permitted Outage.
Outage: Means disruption to live production services resulting in content not appearing within the Noibu Console and product is unresponsive excluding permitted outage.
Permitted Outage: Means any outage which is caused by: activities Customer directs, denial of service attacks, or any event beyond reasonable control; periods of Scheduled Maintenance or Emergency Maintenance activities which result in an Outage(see later definition); Customer provided content or programming errors; System administration, commands, file transfers performed by Customer representatives; Work performed at Customer request (for example additional technical assistance); and untimely response time from Customer to respond to incidents that require its participation for resolution. Scheduled maintenance means the period of time where Noibu Performs scheduled maintenance, making reasonable commercial efforts to schedule outages for weekends and/or off hours, and Emergency Maintenance means maintenance required as a result of conditions beyond Noibu’s reasonable control which may occur at any time
The Deliverables and any Updates thereto shall be compatible with Customer’s browsers and applicable configurations from the Software Services Agreement Effective Date throughout the Software Services Agreement Term.
Noibu will make technical support available to customers Monday to Friday during the hours of 9:00am to 5:00pm EST. Noibu’s support personnel will provide customers with remote assistance for help in using and operating the Deliverables and to accept reports of Errors in the Deliverables. Noibu will ensure that each of its personnel performing any Support Services are experienced, knowledgeable and qualified in the use, maintenance and support of the Deliverables.
Email: support@noibu.com
Escalation contact will be the Customer Success Managerassigned to the Customer.
Noibu may change any of the foregoing contact information from time to time by prior written notice to Customer, so long as at least one number or address is at all times available for each means of contact.
In the event that Customer reports to Noibu any Error in the Deliverables (the Severity Level to be reasonably determined by Customer), Noibu will respond to such reports as follows:
“Severity Level 1” is any Error condition which makes the use or continued use of any one or more functions of the Deliverables impossible or significantly impaired. The condition requires an immediate solution that is not already available to Customer.
“Severity Level 2” is, other than any Severity Level 1 Error, any Error condition which makes the use or continued use of any one or more functions of the Deliverables difficult and which Customer cannot reasonably circumvent or avoid on a temporary basis without the expenditure of significant time or effort, including but not limited to the failure of any private cloud appliance.
“Severity Level 3” is, other than any Severity Level 1, 2 Error, a minor Error condition or documentation error which Customer can easily circumvent or avoid. Additional requests for new feature suggestions, which are defined as new functionality in existing Deliverables, are also classified as Severity Level 3.
Noibu shall respond to an Error and provide a resolution, depending on the Severity Level, within the time frames set forth in the chart below, starting from the time Customer notifies Noibu of the Error.
Severity Level | Response Time | Resolution Time |
Severity Level 1 | Within 1 hour | 8 hours |
Security Level 2 | Within 4 hours | 1 day |
Security Level 3 | Next business day | Noibu's discretion |
Noibu will provide Support Services as part of the Deliverables at no additional charge.
New Year’s Day: January 1
Family Day: February 16
Good Friday: April 3
Victoria Day: May 18
Canada Day: July 1
Civic Holiday: August 3
Labour Day: September 7
Thanksgiving Day: October 12
Christmas Day: December 25
Boxing Day: December 26