Updated: May 30, 2017
The following descriptions of the NTT Security AppSec Solutions Inc. dba WhiteHat Security (“WhiteHat”) support services are incorporated by reference into the WhiteHat Master Software as a Service Agreement or any other service agreement (“Master Agreement”) entered into between WhiteHat and its customers. Any capitalized term not defined herein shall have the meaning ascribed to such term in the applicable Master Agreement.
WhiteHat may periodically schedule a maintenance window to conduct upgrades to the Services, during which the Services will not be Available (defined below). WhiteHat 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. WhiteHat 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 WhiteHat 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 WhiteHat, and WhiteHat is unable to provide such Services via mutually agreeable alternative methods, WhiteHat 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 WhiteHat 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 WhiteHat 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 WhiteHat’s sole liability, and Customer’s sole and exclusive remedy, for WhiteHat’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 WhiteHat; 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 WhiteHat’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 WhiteHat.