Capitalized terms not defined herein will have the meanings given to them in the Terms:
a) “Force Majeure” means any act, event, or occurrence beyond Dock’s reasonable control, including, without limitation, issues arising from bugs or other problems in the software, firmware or hardware of Dock’s suppliers, widespread internet outages or issues with upstream providers or network carriers, acts of God, fires, floods, storms, landslides, epidemics, lightning, earthquakes, drought, blight, famine, pandemic, quarantine, blockade, governmental acts or inaction, orders or injunctions, war, insurrection or civil strife, sabotage, explosions, labor strikes, work stoppages, and acts of terror.
b) “Normal Business Hours” means 9 a.m. to 5 p.m. Pacific Time Monday through Friday, excluding holidays.
c) “Total Monthly Time” or “TMT” means the total minutes in the relevant calendar month.
d) “Scheduled Downtime” means unavailability of the Service due to ordinary maintenance which is communicated to you at least forty-eight (48) hours prior to such unavailability.
e) “Unscheduled Downtime” or “UDT” means the total amount of time during any calendar month, measured in minutes, during which you are not able to access the features and functions of the Service or unavailability resulting from (i) your non-compliance with any provision of the Terms ; (ii) incompatibility of your equipment or software with the Service; (iii) your or your Users’ acts or omissions; (iv) network unavailability or your bandwidth limitations; or (v) unavailability of a software integration due to circumstances beyond our reasonable control, excluding emergency maintenance, Force Majeure, and Scheduled Downtime.
f) “System Availability” means, with respect to any particular calendar month, the ratio obtained by subtracting Unscheduled Downtime during such month from the Total Monthly Time, and thereafter dividing the difference by the Total Monthly Time. Represented algebraically, System Availability for any particular calendar month is determined as follows:
System Availability = (TMT - UDT) ÷ TMT
a) System Availability. Dock will undertake commercially reasonable measures to ensure that System Availability equals or exceeds ninety-nine point five percent (99.5%) during each calendar month.
b) Access to Support; Response Times. You may report Unscheduled Downtime at any time (“24x7x365”) by emailing Dock at support@dock.us. During Normal Business Hours, Dock will exercise commercially reasonable efforts to respond to reports of Unscheduled Downtime within thirty (30) minutes of each such report.
c) System Monitoring and Measurement. Dock uses an independent third-party service (“Monitoring Service Dock”) to monitor System Availability on an ongoing basis. You can access System Availability status, at any time, here: https://status.dock.us/uptime. All measurements of System Availability will be calculated on a monthly basis for each calendar month based on the records of ourMonitoring Service Dock. The Monitoring Service Dock’s records regarding System Availability will be final and each party agrees not to dispute such records.
d) You are responsible for maintenance and management of your computer network(s), servers, and independent software, and any equipment or services related to maintenance and management of the foregoing, including, but not limited to, continuous monitoring of your network and endpoints for malware, viruses, and intrusion. You are responsible for correctly configuring your systems in accordance with any instructions provided by Dock, as may be necessary for your to use and access the Service.
Dock strives to respond to and resolve issues in accordance with the Priority Levels and time periods described below. Classification of any problem among Priority Levels shall be reasonably in accordance with the definitions below and determined by Dock in its sole discretion:
Priority Level 1
Priority Level 2
Priority Level 3
Priority Level 4
The following response and resolution times shall apply during Normal Business Hours:
Priority Level 1
Priority Level 2
Priority Level 3
Priority Level 4
Docks’s initial response will consist of:
To receive emergency assistance for Priority Level 1 issues, you should send an email to Dock’s Support Services at support@dock.us during Normal Business Hours or email your dedicated Customer Success manager, if outside Normal Business Hours and indicate that you are experiencing a Priority Level 1 issue. Upon receipt of such email, Dock shall perform the following steps:
a) Dock’s representative will assess the Priority Level of the issue based on the error description.
b) In case the issue is also categorized as a Priority Level 1 issue by Dock, Dock will use commercially reasonable efforts to provide you with regular updates, unless otherwise indicated in the initial response, until the reported issue is resolved.
c) If Dock determines that the issue does not rise to the level of a Priority Level 1 issue, the appropriate Priority Level will be assigned and you will be informed of this change.
d) If a resolution cannot be reached within the target timeframe, Dock will send a new estimated resolution time. Such an estimate will be sent in cases where the request requires extensive research or escalation, as well as in other cases where Dock deems it necessary.