Invicti Premium Support Addendum to Subscription Services Agreement
In addition to any other terms and conditions applicable to Customer’s purchase of Invicti services, these terms (“Addendum”) shall apply if Customer purchases Premium Support (as defined below) from Invicti, as identified on an applicable Order Form. This Addendum shall be incorporated as part of the Subscription Services Agreement (“SSA”) between Customer and Invicti, provided that if there is a conflict between this Addendum and the terms of the SSA, this Addendum shall prevail. Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to them in the SSA.
1. ADDITIONAL DEFINED TERMS.
“Premium Support Term” means the period, more fully described in section 5, during which Premium Support will be made available to Customer.
2. ACTIVE SUBSCRIPTION; APPLICABILITY. When Customer enrolls in Premium Support, all active Target licenses under Customer’s account shall be covered by Premium Support and Customer shall be invoiced accordingly. Targets purchased at a later date will be automatically enrolled in Premium Support at a pro-rated rate. Invicti does not offer partial license coverage under Premium Support. As of the Effective Date of the applicable Order Form pursuant to which Premium Support is purchased, Customer represents and warrants that all Targets for which Customer purchases and uses Premium Support have an active Subscription.
3. INVICTI PREMIUM SUPPORT. Upon receipt, processing, and invoicing of an Order Form that includes Premium Support, and subject to the terms of this Addendum and the SSA, Invicti will provide Customer with the following support (“Premium Support”) for applicable Customer Targets during the Premium Support Term:
3.1. Onboarding. Invicti will aid Customer with adoption of, and provide Customer with training on, the Invicti Solution, including providing Customer with basic configuration examples and a training session covering essential dynamic application security best practices.
3.2. Ongoing Support. Invicti shall provide:
(A) Bug fixes to bring the Invicti Solution into substantial conformance with its then-current Documentation; and
(B) Maintenance services, including maintenance releases, enhancements, new versions, additions, and modifications to the Invicti Solution, that it provides to all other customers under Support for no additional fee. Following a support request, an Invicti support representative will work with the Customer’s designated technical support team to assist in the resolution of identified and reproducible issues.
3.3. Support Contact. Customer may obtain Premium Support from Invicti by logging a support request in the Invicti support portal (presently found at the following URL: http://support.invicti.com) or sending a support request to the following email address: support@invicti.com or support@acunetix.com.
3.4. Annual Best Practice Report. Upon Customer’s request and no more than once annually, Invicti will provide Customer a health check covering the Invicti Solution environment. The checkup will consist of a high-level overview of Customer’s environment which may include Invicti Solution configuration best practices, a high-level overview of Customer’s implementation, and information related to improving Invicti Solution performance, based on the Documentation. Prior to commencement, the date of such health-check will be mutually agreed in writing by Customer and Invicti.
3.5 Service Level Guidelines. Subject to section 6, Invicti will use commercially reasonable efforts to adhere to the following target initial response times, based on the assigned designation at time of request:
| Designation | Definition | Targeted Initial Response Time |
|---|---|---|
| Severity 1: Customer Down | The Invicti Solution is non-functional and/or has an unrecoverable service failure. Critical business impact. | 1 hour or less from Customer’s case creation. 24×7 priority routing. |
| Severity 2: Major Impact to Functionality | The Invicti Solution is functional but with consistent issues or one product area is nonfunctional. Functionality is severely degraded. Some business impact. | 2 hours or less from Customer’s case creation during the following hours: 24×7 priority routing. |
| Severity 3: Minor Impact | The Invicti Solution is functional with minor or intermittent issues. Occasional functionality degradation. Minimal business impact. | 4 hours or less from Customer’s case creation during the following hours 24×7 priority routing. |
| Severity 4: Informational | The Invicti Solution is functional with no apparent issues. No business impact. | 6 hours or less from Customer’s case creation during the following hours: 24×7 priority routing. |
3.6. US BASED TIER 1 PREMIUM SUPPORT OPTION. Upon mutual agreement of Invicti and Customer in an applicable Order Form under which Customer has purchased Premium Support, and subject to an additional fee, Invicti will provide Customer with Tier 1 support from United States based support personnel (“US Tier 1 Support”). Notwithstanding anything to the contrary, US Tier 1 Support is only provided Monday through Friday, 8 a.m. to 5 p.m. EST/EDT, excluding US Federal public holidays. US Tier 1 Support customers may obtain support pursuant to this section by sending a support request to the following Email address: us.support@invicti.com.
(A) Federal Government Only. US Tier 1 Support is only available to Invicti’s United States Federal government customers. Invicti reserves the right to unilaterally amend this policy in its sole and exclusive discretion.
(B) US Tier 1 Support – Escalations. Support escalations above tier 1 support are handled by Invicti’s global support team. Prior to escalation of a support request to the global support team, Invicti will ask Customer’s permission and confirmation of the informational content and data it intends to share. CUSTOMER IS SOLELY RESPONSIBLE FOR CONFIRMING OR DENYING THE SUPPORT ESCALATION IN WRITING AND CONFIRMING SUITABILITY OF THE INFORMATIONAL CONTENT AND DATA OF THE SUPPORT ESCALATION IN WRITING. Following Customer’s confirmation and upon support escalation, Invicti will obfuscate the Customer account name associated with the support request such that Invicti’s global support personnel will have no knowledge of the support request’s origin unless shared directly by Customer. In the event a support request is approved by Customer for escalation, Customer’s support request will no longer be limited to United States based support personnel. INVICTI IS NOT RESPONSIBLE FOR THE INFORMATIONAL CONTENT OR DATA THAT IS CONFIRMED FOR SUPPORT ESCALATION BY CUSTOMER.
(C) US Tier 1 Support – After Hours. Subject to the following disclaimers, Customer is permitted to make support requests outside of the US Tier 1 Support hours, set out above. After-hours support requests may be made to the email address provided in section 3.3, above. AFTER-HOURS SUPPORT IS PROVIDED BY INVICTI’S GLOBAL SUPPORT TEAM OPERATING OUTSIDE OF THE UNITED STATES. CUSTOMER IS SOLELY RESPONSIBLE FOR THE INFORMATIONAL CONTENT AND DATA IT INCLUDES IN AN AFTER-HOURS SUPPORT REQUESTS.
4. CUSTOMER RESPONSIBILITIES. Customer will comply with the following requirements to facilitate Invicti’s successful provision of Premium Support:
4.1. Customer shall identify a primary point of contact with whom Invicti can interface. Customer’s primary point of contact will:
(A) Have all requisite authority to act on Customer’s behalf in resolving questions arising out of or in relation to Invicti’s provision of Premium Support;
(B) Ensure that any information communicated by Invicti is conveyed to Customer’s resources with appropriate technical skill and knowledge to effectuate the updates, modifications, workarounds, or changes suggested by Invicti; and
(C) Coordinate personnel schedules and resource allocation for Customer, and ensure those resources participate in meetings, as necessary.
4.2. Customer shall provide Invicti timely responses and access to accurate and complete information relative to Premium Support requests, as reasonably requested, and such responses and information will be communicated to appropriate Invicti personnel through the support portal or email address provided herein, or as otherwise mutually agreed by Customer and Invicti.
4.3. Customer is responsible for its own data and applications, and the support of its end-users, stakeholders, and other third parties.
4.4. Customer will provide prompt agreement, approval, acceptance, consent, feedback, assistance, or similar action, as requested by Invicti, to facilitate all aspects of Premium Support delivery, and such action will not be unreasonably delayed or withheld.
5. TERM & TERMINATION. The Premium Support Term begins on the earlier of (i) the day Invicti invoices Customer for Premium Support or (ii) the day Invicti notifies Customer in writing (electronic communication acceptable) that Customer’s order for Premium Support has been processed. The Premium Support Term shall be coterminous with the Subscription Term of the Invicti Solution for which Premium Support has been purchased. The SSA shall govern Customer’s and Invicti’s rights and obligations with respect to suspension or termination of Premium Support.
6. GENERAL EXCLUSIONS & LIMITATIONS.
6.1. Invicti has no obligation to provide Premium Support: (i) outside the scope of the SSA, Order Form, this Addendum, or for issues arising out of or in connection with the unauthorized use of the Invicti Solution, (ii) if Customer fails to pay all applicable fees when due; (iii) for issues arising out of or in connection with unauthorized third-party products and services or issues arising exclusively from authorized third-party products and services; and (iv) for modifications or changes to the Invicti Solution not performed, directed, or authorized by Invicti.
6.2. Customer acknowledges that Premium Support does not include: (i) developing custom scripts, templates, or queries; (ii) analyzing or troubleshooting performance issues resulting from or related to third party products; and/or (iii) performing installations, configurations, migrations, or upgrades in any Customer environment.
6.3. Invicti does not perform on-site support; Premium Support is remote only.