Service Level Agreement
Last Revised: September 13, 2023
This Service Level Agreement (“SLA“) sets forth the support services and levels of service that will be provided by Bringg for those Services described on a Service Order entered into between Customer and Bringg that expressly incorporates the terms of this SLA by reference. In the event there is any conflict or inconsistency between the terms of this SLA and the terms of the Service Order or the Terms of Service incorporated by reference into the Service Order, the terms of the Service Order and the Terms of Service (together, the “Agreement“) shall control. Except as otherwise modified or defined herein, all capitalized terms in this SLA have the same meanings as set forth in the Agreement. If Bringg makes a material change to this SLA, which it may do from time to time, then Bringg will post the updated SLA on its website. Customer is responsible for checking for any change to this SLA. Continued use of the Services after a change has been posted constitutes Customer’s acceptance of any new or modified SLA.
Bringg will use commercially reasonable efforts to strive to maintain Services Availability 24 hours a day, 7 days a week, other than downtime for scheduled maintenance or critical bug fixes. Bringg will strive to give Customer advance notice of any impending downtime 24 hours in advance or, if not possible, as much advance notice as possible, and will strive to perform scheduled maintenance during non-peak hours based on US Eastern Coast time.
Customer will be entitled to a basic support offered by Bringg on a good efforts’ basis. If Customer has purchased an upgraded support package as stated in the Service Order, the supplementary support terms applicable to such package (i.e., committed response times) will be set forth below.
- “Error” means any verifiable and reproducible failure of the Services to substantially conform to their published specifications. Notwithstanding the foregoing, “Error” shall not include any failure caused or initiated: (i) by the use or operation of the Services not in accordance with the agreement governing Customer’s use of the Services, or with any other hardware, software or programming languages or in an environment other than intended or recommended by Bringg; (ii) by any bug, defect, error or malfunction in any hardware, mobile device or software used with the Services and not provided by Bringg or any other failure of any such hardware or mobile device to conform to its published specifications, (iii) due to modifications, alterations and repairs to the Services not made by Bringg, except as authorized in writing by Bringg or by failure of a user to update any versions of mobile applications that are made available in the applicable app store or marketplace, (iv) due to misuse, accidents or improper installation or maintenance not performed by Bringg, (v) by Bringg’s hosting provider or by any other third party or third party services, including internet service providers, internet network providers, cellular networks or GPS networks, maps, SMS and other messaging services, shipping carrier, services providing information regarding traffic and road conditions and driving directions, or (vi) force majeure or other event outside of Bringg’s control.
- “First Level Support” means call receipt and help desk services, customer assistance, the provision of general product information, configuration support, collection of relevant technical problem identification information, troubleshooting, problem isolation and diagnosis, resolutions of technical problems using documentation provided by Bringg.
- “Second Level Support” means second level support services provided by Bringg to Customer as described in Section 3 below.
- “Services Availability” is defined as [total available time – unplanned downtime]/total available time (with total available time meaning 24 hours per day). Downtime as used in the above equation refers to unavailability of the Services due to an Error or other events or conditions within Bringg’s commercially reasonable control.
- Problem severity levels are as defined in Section 4 below.
CONTACT METHODSCustomer shall have access to an automated e-mail and internet-based reporting service (the “Customer Support”) through which support requests are logged and ticket (ID) is issued. This service can be reached through the Support Portal accessible at: https://bringg.my.site.com/supportcenter/s/login/?inst=4M. Customers that purchase the Signature support package may also reach out to Customer Support via a designated phone number to be provided to Customer during an introduction session with Customer’s Success Manager.
SUPPORT RESPONSE AND OBJECTIVES
Customer will provide First Level Support for the Services to its Mobile Personnel and End Customers. The First Level Support shall be provided by Customer personnel who have undergone training by Bringg and who were subsequently authorized by Bringg to provide First Level Support for the Services.
Bringg will provide Second Level Support to the Customer for Errors it is unable to resolve through First Level Support. Customer will only escalate Errors to Second Level Support after exhausting reasonable efforts to resolve the Error via First Level Support. Bringg Customer Support member will respond to Customer’s report to Bringg Customer Support based on the case severity level, as described below. Response times are measured from the time the Error was reported to Bringg Customer Support.
SLA Level Purchased Standard Premium Signature Service Hours 9 hours X 5 days
(Monday through Friday);
8AM to 5PM EST
(or GMT, where applicable)
12 hours X 5 days
(Monday through Friday);
6AM to 6PM EST
(or GMT, where applicable)
24 hours X 7 days Response Time Severity 1: < 3 hours
Severity 2: < 10 hours
Severity 3: < 36 hours
Severity 1: < 2 hours
Severity 2: < 5 hours
Severity 3: < 24 hours
Severity 1: < 2 hours
Severity 2: < 3 hours
Severity 3: < 12 hours
Bringg’s Customer Support response will include all or some of the following services with respect to Errors, at Bringg’s determination: (i) issuance of ticket ID, (ii) call receipt and help desk services; (iii) customer assistance; (iv) provision of general product information; (v) configuration support; (vi) collection of relevant technical problem; (vii) identification information; (viii) troubleshooting; (ix) problem isolation and diagnosis; (x) resolutions of technical problems using potential workarounds or Error fixes within commercially reasonable time periods.
PROBLEM SEVERITIES DEFINITIONS
Problem severities shall be classified as follows:
- Severity 1: Services are not functional such that there is a production issue whereby at least one Customer cannot fulfill deliveries due to an Error and Customer’s business is impacted financially. As a non-exhaustive example: Bringg API is down; All users are unable to log into Bringg; Route optimization is failing to run.
- Severity 2: Significant functions of the Services are not functioning due to an Error, however there is a workaround that enables the Services to operate. As a non-exhaustive example: Drivers are not seeing auto check-in happening but they can still manually check-in; Dispatchers are unable to get Route Optimization to assign all orders, but dispatchers may assign unassigned orders manually.
- Severity 3: Errors in Services causing minor features not to work as expected. As a non-exhaustive example: Routes planner map is not showing a parking spot; Drivers photos are submitting duplicates.
Bringg’s support services are subject to the following:
- The support services do not include on-site technical support, consulting, support for incompatible products or third party products, training, professional services or related out-of-pocket expenses.
- The support services hereunder are provided with respect to Errors only and only to the Customer. Bringg’s support will not be provided to Customer’s Mobile Personnel or the End Customers. Customer is responsible for providing support to Customer’s Mobile Personnel and the End Customers. In the event that any problem or error with respect to which the Customer shall approach Bringg is discovered to fall outside of the scope of the definition of Error or could have reasonably been resolved using First Level Support, then Bringg reserves the right to recover all expenses related to the support of Customer and maintenance fees, at the then current prices for such services.
- Bringg cannot and will not be responsible or liable in any manner for any downtime or disruptions or difficulties in accessing the Services that are caused or initiated by its hosting provider or by any other third party, including internet service providers, internet network providers, cellular networks, GPS networks, and carriers.
- Support services for the Bringg on Salesforce® product. Due to the nature of the Salesforce AppExchange apps and the way in which they integrate into an organization, it is sometimes unclear what is directly related to a given app and what is not. Bringg support services would be provided only for Errors directly related to the Bringg apps.
As a non-exhaustive example, Bringg will support the following issues:
- Questions or Errors related to the initial app setup and configuration
- Shipping Preference creation (once the required data is provided)
- Custom Address Source record creation & Editing
- Printer Setup
- Scheduled tracking setup
As a non-exhaustive example, Bringg will not support the following issues:
- Setup of Salesforce fields, formulas, and other customizations that are not included in the Bringg app
- Process Builders, Workflows, Flows or Triggers that move data from the Bringg app to other objects or are triggered from the Bringg app
- Any use of Apex code, debugging
- Exceeding Apex Governor Limits in the local namespace or namespaces of other vendor’s managed packages.
For assistance with unsupported issues, Customer should contact its Salesforce administrator or Salesforce implementation partner.
- THE LIMITED SERVICES SET FORTH IN THIS SLA ARE GIVEN TO CUSTOMER ONLY, ARE NOT ENFORCEABLE BY ANY OTHER ENTITY OR PERSON, AND ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY BRINGG WITH RESPECT TO THE SERVICES HEREUNDER. BRINGG EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL BRINGG BEAR ANY LIABILITY, OBLIGATION, OR RESPONSIBILITY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES REGARDLESS OF THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS ARISING IN ANY WAY IN CONNECTION WITH THIS SLA. IN NO EVENT SHALL BRINGG BE LIABLE FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID TO IT IN RESPECT OF THE SERVICES GIVING RISE TO THE LIABILITY. ALL FOREGOING LIMITATIONS ON LIABILITY SHALL INCLUDE ANY CLAIMS IN TORT OR CONTRACT BASED ON WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
- Customer will cooperate with Bringg in its efforts to provide the support services hereunder, including without limitation by providing as much detail as available about the Errors, making its personnel available, and taking all such reasonable measures requested by Bringg in order to detect and provide further information with respect to each Error. Customer will further grant Bringg such access to information of the Customer’s personnel, their respective technological platforms and any relevant third party networks and other suppliers of the Customer as may be necessary to enable Bringg to perform its obligations under this SLA.
- Customer acknowledges that compliance with its undertakings hereunder is essential to enable Bringg to provide the support services in accordance with the provisions hereof.
- Bringg may elect, from time to time at its discretion, to render any or all of the support services hereunder by itself or through any of its affiliates, sub-contractors or agents.
- This SLA shall be governed by and construed under the laws of the same jurisdiction as the Agreement between Bringg and the Customer. All disputes and differences arising out of or relating to this SLA or to its interpretation, shall be brought only in a competent court located in the same jurisdiction as specified in the Agreement between Bringg and the Customer.
- Neither party shall be liable for any costs or damages due to nonperformance under this SLA, arising out of any cause or event not within the reasonable control of such party and without its fault or negligence, such as an act of God, act of war, labor disputes, reason of fire, floods, failure of the internet or any network used to access or provide the Services, failure of service attack, or inability to obtain necessary materials or services from suppliers if no equipment sources for such suppliers or services are readily available.
- This SLA and the rights hereunder are not transferable or assignable by Customer (and any attempted assignment will be void) without the prior written consent of Bringg. Bringg may freely transfer and assign its rights and obligations hereunder to an affiliate or to a third party that acquires all or substantially all of the assets subject to this SLA or securities of Bringg or any entity into which Bringg shall merge or any affiliate thereof.
- THE SERVICES OFFERED HEREUNDER ARE SUPPORT AND MAINTENANCE SERVICES OFFERED FOR A FEE, AND NOT A PRODUCT WARRANTY.