Updated: May 30, 2017
The following descriptions of the NTT Security AppSec Solutions Inc. dba NTT Application Security (“NTT App Sec”) support services are incorporated by reference into the NTT Application Security Master Software as a Service Agreement or any other service agreement (“Master Agreement”) entered into between NTT App Sec and its customers. Any capitalized term not defined herein shall have the meaning ascribed to such term in the applicable Master Agreement.
NTT App Sec may periodically schedule a maintenance window to conduct upgrades to the Services, during which the Services will not be Available (defined below). NTT App Sec will use commercially reasonable efforts to inform Customer of the date, time and duration of such maintenance window at least twenty-four (24) hours in advance of the commencement of such maintenance. NTT App Sec shall take into consideration minimizing the disruption to Customer’s use of the Services when scheduling regular maintenance windows.
2.1 Service Uptime. Subject to the terms of the Master Agreement, including but not limited to Section 2.3 (Exclusions) below, during the Term the Services for each Application or API shall be Available to Customer not less than 99.5% of the time each calendar month. “Available” means that NTT App Sec Customers are able to log on to the “WhiteHat Sentinel” website as measured at http://stats.pingdom.com/86tj5dh0uwp4/113541 and/or http://stats.pingdom.com/86tj5dh0uwp4/1667403, as applicable.
2.2 Credits. If the Services for an Application or API are Available less than 99.5% of the time in a particular calendar month during the Term as measured by NTT App Sec, and NTT App Sec is unable to provide such Services via mutually agreeable alternative methods, NTT App Sec will issue to Customer a credit equal to 1/(365*24) multiplied by the then-applicable subscription fee for such Application or API for each hour that the Services for such Application or API were not Available during such calendar month. Such credit will be applied against the next invoice (provided by NTT App Sec or the applicable Reseller, as appropriate) for such Application or API. In order to obtain a credit under this Section 2.2, Customer must provide NTT App Sec with written notice of its credit request that identifies the affected Application or API within fourteen (14) days after the date of an availability violation. Credits under this Section 2.2 are NTT App Sec’s sole liability, and Customer’s sole and exclusive remedy, for NTT App Sec’s failure to meet any service uptime levels.
2.3 Exclusions. Customer shall not receive any credits in connection with any failure or deficiency of Services availability to the extent caused by or associated with: (i) a Force Majeure Event; (ii) regularly scheduled or emergency maintenance and upgrades (including, but not limited to the system upgrades described in the MSSA or other applicable master service terms); (iii) any causes attributable to Customer or its contractors, (iv) software or hardware not provided or controlled by NTT App Sec; and (v) outages elsewhere on the Internet, including but not limited to interruptions at any Customer or third party data center or internet service provider, that hinder Customer’s access to the Services.
The following terms describe NTT App Sec’s standard support offering. Additional support and service level agreements may be procured by Customer as described in a Service Order entered into by Customer and NTT App Sec.
Customer Support. Customer may contact NTT App Sec customer support using NTT App Sec’s web portal for customer support (“Customer Support Web Portal”), which will be made available to Customer during the onboarding process. From the Customer Support Web Portal, Customer will have the ability to log and track all of its service support requests. Customer will also be able to review a support portal dedicated to documentation relevant to the Services such as service manuals user guides, and other web security information. After the Effective Date of the customer’s initial Service Order, Customer will receive an email from NTT App Sec with a URL link to set up Customer’s password for the Customer Support Web Portal. Customer may also contact customer support via email to [email protected] or (i) (for U.S. based customers) by calling (408) 343-8340 (Monday through Friday, 6:00 a.m. – 7:00 p.m. Pacific time, excluding any U.S. federal holidays observed by WhiteHat) and (ii) for Europe based customers) by calling (408) 343-8340 (Monday through Friday, 8:00 a.m. – 6:00 p.m. GMT, excluding any Northern Ireland bank holidays.