This Support Policy & SLA (the “Terms”) is issued under and forms part of the Harness subscription agreement which references these Terms, and capitalized terms not defined have the meanings set forth in such agreement.
Harness offers these Terms only for paid subscriptions to the applicable product in accordance with the following terms:
1. DEFINITIONS. As used in these Terms, “Harness Platform” refers to the particular module(s) licensed by Customer under the applicable Order Form.
a. “Availability” or “Available” means 24 hours per day, 7 days per week, excluding Downtime that may result from the Exclusions and Scheduled Maintenance (Exclusions and Scheduled Maintenance together, “Excused Downtime”).
b. “Business Hours” means Monday through Friday, from 9am-5pm Pacific Time, excluding major United States of America holidays.
c. “Downtime” means the number of minutes that the applicable Harness Platform module is completely inoperable or inaccessible.
d. “Error” means a reproducible malfunction in the Harness Platform, that is reported by Customer through Harness’s ticketing system, that prevents the Harness Platform from performing in accordance with the operating specifications described in the applicable and current Documentation for the applicable Harness Platform.
e. “Exclusions” means Downtime caused by (i) Customer, Customer’s network, equipment, or software, (ii) Customer’s vendors, third party connections, or utilities, or (iii) factors outside of Harness’s reasonable control, include force majeure events, global service provider outages, Internet access or related problems occurring beyond the point in the network where Harness maintains access and control over the Harness Platform.
f. “Scheduled Maintenance” means the regular maintenance or repairs to the resources or technology used to provide the Harness Platform and related applications and functions.
g. “Service Credit” means a monetary credit provided to Customer by Harness as a result of the Harness Platform failing to meet the Target Up Time.
h. “Target Up Time” means the minimum amount of time Harness aims to have the applicable Harness Platform module be Available to Customer, minus Excused Downtime. For Customers who are subscribed to Harness’s “standard” support service subscription, the Target Up Time is 99.5% in a given calendar quarter. For Customers who are subscribed to Harness’s “premier” support service subscription, the Target Up Time is 99.8% in a given calendar quarter.
2. GENERAL. Harness maintains a ticketing system, which is available to receive support request tickets twenty-four (24) hours per day, seven (7) days per week. The ticketing system will be maintained by qualified support specialists, who shall use commercially reasonable efforts to answer questions and resolve problems regarding the Harness Platform. Support hours depend on Customer’s support plan. For Customers who are subscribed to Harness’s “standard” support service subscription, support services are provided during Business Hours. For Customers who are subscribed to Harness’s “premier” support service subscription, support services are provided 24 hours per day, 7 days per week. For clarity, Availability, Downtime, Exclusions, Scheduled Maintenance, Service Credits and Target Up Time are only applicable to Customer if Customer has licensed the software-as-a-service (SaaS) version of the Harness Platform, and if Customer has licensed an on-premise version of the Harness Platform, Sections 3 and 4 of these Terms shall not be applicable to Customer.
3. SCHEDULED MAINTENANCE. Harness uses commercially reasonable efforts to provide Customer with at least twenty four (24) hours advance notice via email or text of any Scheduled Maintenance, and any anticipated Downtime that may occur due to such Scheduled Maintenance. To the extent practicable, Harness shall schedule such Downtime during the weekend hours between 18:00 Friday and 3:00 Monday Pacific Time. Downtime due to Scheduled Maintenance may be intermittent or continuous. Harness will use commercially reasonable efforts to minimize any disruption or Downtime of the Harness Platform during Scheduled Maintenance.
4. Availability. Harness uses commercially reasonable efforts to make the Harness Platform Available, and Harness aims to ensure Availability is at least equivalent to the applicable Target Up Time. Availability is calculated on a quarterly, per-minute, per Harness Platform module basis (i.e., Continuous Delivery is subject to its own Availability and Target Up-Time calculation, and Continuous Integration is separately subject to its own Availability and Target Up-Time calculation) and, these calculations consider only the production instance that hosts the Harness Platform module licensed by Customer.
a. SERVICE CREDIT. If the Availability of a Harness Platform module falls below the Target Up Time in a given calendar quarter, Customer will be eligible for a service credit in accordance with the chart below (a “Service Credit”). The tiers of Service Credit eligibility depend on whether Customer has subscribed to “standard” or “premier” support services. To calculate the Service Credit, the applicable percentage in the chart below is multiplied by the portion of the fees paid by Customer for the then current License Term that are applicable to the relevant calendar quarter, for the affected Harness Platform module. For clarity, Customer will not receive Service Credits for missed Target Up Time by (i) Harness Platform modules not purchased by Customer, or (ii) failure of a Harness Platform module to meet Target Up Time on a production instance that is separate from the production instance that hosts the Harness Platform module licensed by Customer.
b. Example: Assume the Schedule starts on May 1st for a 12 month initial term, and Customer pays Harness $100,000 for the Continuous Delivery Harness Platform product. Within the calendar quarter ending in June of the same year, assume the Availability of the Continuous Delivery Harness Platform product was only 98%, which does not meet the Target Up Time. Harness will either issue a Service Credit to Customer in the amount of $2,500 (i.e. (($100,000/4) * 10%)) as a credit against the fees due on Customer’s next invoice, or will pay Customer a Service Credit of $2,500 within thirty (30) days of the end of June.
c. To receive the Service Credit, Customer must submit a support ticket to Harness and provide any reasonably requested information or documentation supporting Customer’s claim for a Service Credit, within 15 days after the end of the calendar quarter in which Customer believes the Service Credit was earned. Harness’s monitoring and logging infrastructure is the source of truth for calculating the Harness Platform’s Availability and subsequently, whether the Target Up Time was met or not.
d. Harness will, in its sole discretion, either (i) apply the Service Credit as a credit to Customer’s next invoice, or (ii) will pay Customer the Service Credit within forty five (45) days following the end of the quarter in which the Service Credit is due. Notwithstanding anything else in this Agreement, the Service Credit is Customer’s sole and exclusive remedy for any failure of the Harness Platform to meet the Target Up-Time.
5. AUTHORIZED SUPPORT CONTACTS. If Customer subscribes to standard support, Customer must select up to two (2) authorized support contacts and notify Harness of the same. Only those authorized support contacts shall be entitled to submit support requests through the Harness support ticketing system. If Customer subscribes to premier support, any employee of Customer may submit support requests.
6. SUPPORT PLAN SUMMARY. The table below summarizes the key attributes of the standard support and premier support subscription, as further described in these Terms.
7. CUSTOMER’S OBLIGATION TO ASSIST. If Customer reports a purported Error in the Harness Platform to Harness, Customer must provide, at a minimum, the following information:
- A general description of the operating environment
- A list of all hardware components, operating systems and networks
- A reproducible test case
- Any log files, trace files and systems files
Customer’s failure to provide this information may prevent or significantly delay Harness’s ability to identify and fix the reported Error. Harness’s Response Time to any Error will begin calculated starting when Harness has received all requested information from the Customer and is able to reproduce the Error. Additionally, Customer agrees that it will reasonably cooperate with Harness and facilitate any connections and system access necessary for Harness to perform its obligations under the Agreement and these Terms.
8. ERROR CLASSIFICATION. Any reported Errors are classified in accordance with the matrix below. Note that Errors are malfunctions caused by the Harness Platform itself, and Errors do not include Customer’s inability to connect to, use or access the Harness Platform due to a reason outside of Harness’s control.
9. RESPONSE TIME. Harness shall provide an initial response to Error tickets submitted by Customer, within the amount of time set forth in the table below (“Response Time”). The Response Time Customer is entitled to is dependent upon (1) whether Customer has subscribed to standard or premier support, and (2) the classification of the Error in accordance with Section 8 above.
10. ERROR RESOLUTION. Harness will use commercially reasonable efforts to repair reported Errors and shall keep Customer informed of the progress towards resolution. Harness makes no representations or warranties as to when a full resolution of an Error may be made. If Harness determines there is an Error in the Harness Platform, Harness may, at its sole option, resolve the Error by (i) repairing the Error in the version of the Harness Platform that Customer is currently using, (ii )providing update to the Harness Platform and upon Customer’s installation of such update, such update will resolve the Error, (iii) providing a newer version of the Harness Platform and upon Customer’s installation of such version, such version will resolve the Error; or (iv) providing Customer with a workaround.
11. SOFTWARE UPDATES. Customer must be current with payment of all fees under all applicable Order Forms to receive the Services set forth in these Terms, benefit from any Harness Platform updates, and to receive any applicable Service Credits.
THESE TERMS DO NOT CONSTITUTE A PRODUCT WARRANTY. THESE TERMS ARE AN ADDITIONAL PART OF THE AGREEMENT AND DO NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT.