Terms and Conditions
Last Updated: June 3, 2020
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
∙Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
∙Country refers to: New York, United States
∙Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Octane Software Technology, 25 Broadway, 10th Floor, New York, NY 10004.
∙Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
∙Service refers to the Website.
∙Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
∙Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
∙Website refers to Octane, accessible from getoctane.io∙You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.AcknowledgmentThese are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.Links to Other WebsitesOur Service may contain links to third-party web sites or services that are not owned or controlled by the Company.The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.TerminationWe may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.Upon termination, Your right to use the Service will cease immediately.Limitation of LiabilityNotwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law."AS IS" and "AS AVAILABLE" DisclaimerThe Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.Governing LawThe laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.Disputes ResolutionIf You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.For European Union (EU) UsersIf You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.United States Legal ComplianceYou represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.Severability and WaiverSeverability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.Translation InterpretationThese Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.Changes to These Terms and ConditionsWe reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.Contact UsIf you have any questions about these Terms and Conditions, You can contact us by email: team@getoctane.io
Service Level AgreementThis Service Level Agreement (this “SLA”) is subject to and forms a part of the agreement referencing this SLA between Octane Software Technology, Inc. and the applicable Customer (the “Agreement”). In the event of a conflict between the terms of this SLA and the terms of the Agreement, the terms of the Agreement shall govern. Any capitalized terms not defined herein shall have the meaning prescribed to them in the Agreement.1. DEFINITIONSThe following capitalized terms will have the definitions set forth below:1.1“Force Majeure Downtime” means the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access the Service due to any act, event, or occurrence beyond Octane’s reasonable control, including, without limitation: issues arising from problems in the software, firmware or hardware of Octane’s suppliers or technology providers; outages or issues with upstream providers or network carriers; acts of God; fires; floods; storms; landslides; epidemics; pandemics; lightning; earthquakes; drought; blight, famine; quarantine; blockade; governmental acts or inaction; orders or injunctions; war; insurrection or civil strife; sabotage; explosions; labor strikes; work stoppages; and acts of terror.1.2“Normal Business Hours” means 9 a.m. to 5 p.m. Eastern Time, Monday through Friday, excluding holidays.1.3“Scheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access the Service due to planned system maintenance performed by Octane upon at least 48 hours’ prior notice of such maintenance, to be notified by email.
1.4“Total Monthly Time” means the total minutes in the relevant calendar month less Scheduled Downtime and Force Majeure Downtime. For any partial calendar month during which Customer subscribes to the Service, availability will be calculated based on the entire calendar month, not just the portion for which Customer subscribed.1.5“Unscheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which the Customer is not able to access the features and functions of the Service, that is not Scheduled Downtime, Force Majeure Downtime or unavailability as a result of (i) non-compliance by Customer with any provision of the Agreement or this SLA; (ii) incompatibility of Customer’s equipment or software with the Service; (iii) actions or inactions of Customer or third parties; (iv) Customer’s use of the Service after Octane has advised Customer to modify its use of the Service, if Customer did not modify its use as advised; (v) acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to the Service by means of Customer’s access credentials or equipment; (vi) performance of Customer’s systems or the Internet; (vii) any systemic Internet failures; or (ix) network unavailability or Customer’s bandwidth limitations.1.6“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 so obtained by the Total Monthly Time. Represented algebraically, System Availability for any particular calendar month is determined as follows:System Availability =Total Monthly Time – Unscheduled DowntimeTotal Monthly Time2. SYSTEM PERFORMANCE
2.1System Availability: Octane will undertake commercially reasonable measures to ensure that System Availability equals or exceeds ninety-nine point nine percent (99.9%) during each calendar month (the “Service Standard”).2.2Access to Support; Response Times: Customer may report Unscheduled Downtime at any time (“24x7x365”) by sending Octane an e-mail to support@getoctane.io. During Normal Business Hours, Octane will exercise commercially reasonable efforts to respond to reports of Unscheduled Downtime within1 hour of each such report.3. CUSTOMER REQUIREMENTS
Customer is responsible for maintenance and management of its computer network(s), servers, and software, and any equipment or services related to maintenance and management of the foregoing. Customer is responsible for correctly configuring its systems in accordance with any instructions provided by Octane, as may be necessary for provision of access to the features and functions of the Service.4. REMEDY
4.1Credits Against Fees: In the event Unscheduled Downtime occurs, Customer will be entitled to credits against its immediately subsequent payment obligations (as set forth in the Agreement) (“Service Credits”) according to the following table:Customer’s rights under this Section 4.1 are Customer’s sole and exclusive remedy with respect to any Unscheduled Downtime or any failure by Octane to meet the Service Standard required by Section 2.1.4.2Maximum Service Credits: The maximum amount of Service Credits that Octane will issue to Customer for Unscheduled Downtime for a single calendar month will not exceed one hundred percent (100%) of the amounts paid by Customer during the applicable calendar month.4.3Requesting Service Credits: As a condition to Octane’s obligation to provide Service Credits to Customer, Customer must have submitted a support request during the applicable calendar month and requests such Service Credits by sending an e-mail identifying the date and time of the Unscheduled Downtime for which Customer is requesting Service Credits, with sufficient evidence (including description of the incident and duration of the incident) to support@getoctane.io within thirty (30) days following such Unscheduled Downtime. If Customer fails to request any Service Credits to which Customer is entitled in accordance with this Section 4.3, Octane will have no obligation to issue such Service Credits to Customer.5. RESPONSE TIMES
Octane will provide support to Customer via email and/or phone during Normal Business Hours. Customer may initiate a support request by emailing support@getoctane.io. Octane will use commercially reasonable efforts to respond to all support requests within one (1) business day.Octane will provide support to Customer via email and/or phone during Normal Business Hours. Customer may initiate a support request by emailing support@getoctane.io. During Normal Business Hours, Octane shall use commercially reasonable efforts to respond to and resolve Customer’s support requests in accordance with the Priority Levels set out below, provided that classification of any issues among Priority Levels shall be reasonably in accordance with the definitions specified below which shall be determined by Octane in its sole discretion:Priority LevelDescriptionExample of the impact1The Service is down and cannot be accessedCustomer cannot access or use the Service, other than the Dashboard, or the Service cannot be used to process requests with respect to Submitted Data2Errors in the Service affect users' ability to benefit fully from itCustomer cannot use the Dahsboard to review transaction data or configure verification settings3The Service displays some minor errorsCustomer finds the Service to be slow or/and there is an error that does not keep the user from using the system in daily operationsThe following response and fix times shall apply to Customer:Priority LevelInitial ResponseFix or Workaround1Within 1 hourWithin 24 hours2Within 1 business dayWithin 3 business days3Within 2 business daysWithin 30 business days, unless otherwise indicated in responseTo receive emergency assistance for Priority Level 1 issues, Customer shall email support@getoctane.io and indicate that Customer is having a Priority Level 1 issue. Upon receipt of such communication, Octane shall perform the following steps:1.Octane’s representative will assess the Priority Level of the issue based on the error description.2.In case the issue is categorized as Priority Level 1 issue, Octane will use commercially reasonable efforts to provide Customer with regular updates, unless otherwise indicated in response, until the reported issue is resolved.3.If an issue does not rise to the level of a Priority Level 1 issue, the appropriate Priority Level will be assigned and the Customer is informed of this change.If resolution cannot be reached within the target timeframe, Octane will send a new estimated fix time. Such an estimate will be sent in cases where the request requires extensive research or escalation, as well as in other cases where Octane finds it necessary.The initial response will consist of:-A suggested resolution to the problem; or-A request for more detailed information or clarification, which will enable Octane to determine the appropriate course of action; or-Notification of the estimated time for providing the user with further information, resolution, or a workaround, as appropriate.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
∙Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
∙Country refers to: New York, United States
∙Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Octane Software Technology, 25 Broadway, 10th Floor, New York, NY 10004.
∙Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
∙Service refers to the Website.
∙Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
∙Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
∙Website refers to Octane, accessible from getoctane.io∙You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.AcknowledgmentThese are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.Links to Other WebsitesOur Service may contain links to third-party web sites or services that are not owned or controlled by the Company.The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.TerminationWe may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.Upon termination, Your right to use the Service will cease immediately.Limitation of LiabilityNotwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law."AS IS" and "AS AVAILABLE" DisclaimerThe Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.Governing LawThe laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.Disputes ResolutionIf You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.For European Union (EU) UsersIf You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.United States Legal ComplianceYou represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.Severability and WaiverSeverability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.Translation InterpretationThese Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.Changes to These Terms and ConditionsWe reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.Contact UsIf you have any questions about these Terms and Conditions, You can contact us by email: team@getoctane.io
Service Level AgreementThis Service Level Agreement (this “SLA”) is subject to and forms a part of the agreement referencing this SLA between Octane Software Technology, Inc. and the applicable Customer (the “Agreement”). In the event of a conflict between the terms of this SLA and the terms of the Agreement, the terms of the Agreement shall govern. Any capitalized terms not defined herein shall have the meaning prescribed to them in the Agreement.1. DEFINITIONSThe following capitalized terms will have the definitions set forth below:1.1“Force Majeure Downtime” means the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access the Service due to any act, event, or occurrence beyond Octane’s reasonable control, including, without limitation: issues arising from problems in the software, firmware or hardware of Octane’s suppliers or technology providers; outages or issues with upstream providers or network carriers; acts of God; fires; floods; storms; landslides; epidemics; pandemics; lightning; earthquakes; drought; blight, famine; quarantine; blockade; governmental acts or inaction; orders or injunctions; war; insurrection or civil strife; sabotage; explosions; labor strikes; work stoppages; and acts of terror.1.2“Normal Business Hours” means 9 a.m. to 5 p.m. Eastern Time, Monday through Friday, excluding holidays.1.3“Scheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access the Service due to planned system maintenance performed by Octane upon at least 48 hours’ prior notice of such maintenance, to be notified by email.
1.4“Total Monthly Time” means the total minutes in the relevant calendar month less Scheduled Downtime and Force Majeure Downtime. For any partial calendar month during which Customer subscribes to the Service, availability will be calculated based on the entire calendar month, not just the portion for which Customer subscribed.1.5“Unscheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which the Customer is not able to access the features and functions of the Service, that is not Scheduled Downtime, Force Majeure Downtime or unavailability as a result of (i) non-compliance by Customer with any provision of the Agreement or this SLA; (ii) incompatibility of Customer’s equipment or software with the Service; (iii) actions or inactions of Customer or third parties; (iv) Customer’s use of the Service after Octane has advised Customer to modify its use of the Service, if Customer did not modify its use as advised; (v) acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to the Service by means of Customer’s access credentials or equipment; (vi) performance of Customer’s systems or the Internet; (vii) any systemic Internet failures; or (ix) network unavailability or Customer’s bandwidth limitations.1.6“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 so obtained by the Total Monthly Time. Represented algebraically, System Availability for any particular calendar month is determined as follows:System Availability =Total Monthly Time – Unscheduled DowntimeTotal Monthly Time2. SYSTEM PERFORMANCE
2.1System Availability: Octane will undertake commercially reasonable measures to ensure that System Availability equals or exceeds ninety-nine point nine percent (99.9%) during each calendar month (the “Service Standard”).2.2Access to Support; Response Times: Customer may report Unscheduled Downtime at any time (“24x7x365”) by sending Octane an e-mail to support@getoctane.io. During Normal Business Hours, Octane will exercise commercially reasonable efforts to respond to reports of Unscheduled Downtime within1 hour of each such report.3. CUSTOMER REQUIREMENTS
Customer is responsible for maintenance and management of its computer network(s), servers, and software, and any equipment or services related to maintenance and management of the foregoing. Customer is responsible for correctly configuring its systems in accordance with any instructions provided by Octane, as may be necessary for provision of access to the features and functions of the Service.4. REMEDY
4.1Credits Against Fees: In the event Unscheduled Downtime occurs, Customer will be entitled to credits against its immediately subsequent payment obligations (as set forth in the Agreement) (“Service Credits”) according to the following table:Customer’s rights under this Section 4.1 are Customer’s sole and exclusive remedy with respect to any Unscheduled Downtime or any failure by Octane to meet the Service Standard required by Section 2.1.4.2Maximum Service Credits: The maximum amount of Service Credits that Octane will issue to Customer for Unscheduled Downtime for a single calendar month will not exceed one hundred percent (100%) of the amounts paid by Customer during the applicable calendar month.4.3Requesting Service Credits: As a condition to Octane’s obligation to provide Service Credits to Customer, Customer must have submitted a support request during the applicable calendar month and requests such Service Credits by sending an e-mail identifying the date and time of the Unscheduled Downtime for which Customer is requesting Service Credits, with sufficient evidence (including description of the incident and duration of the incident) to support@getoctane.io within thirty (30) days following such Unscheduled Downtime. If Customer fails to request any Service Credits to which Customer is entitled in accordance with this Section 4.3, Octane will have no obligation to issue such Service Credits to Customer.5. RESPONSE TIMES
Octane will provide support to Customer via email and/or phone during Normal Business Hours. Customer may initiate a support request by emailing support@getoctane.io. Octane will use commercially reasonable efforts to respond to all support requests within one (1) business day.Octane will provide support to Customer via email and/or phone during Normal Business Hours. Customer may initiate a support request by emailing support@getoctane.io. During Normal Business Hours, Octane shall use commercially reasonable efforts to respond to and resolve Customer’s support requests in accordance with the Priority Levels set out below, provided that classification of any issues among Priority Levels shall be reasonably in accordance with the definitions specified below which shall be determined by Octane in its sole discretion:Priority LevelDescriptionExample of the impact1The Service is down and cannot be accessedCustomer cannot access or use the Service, other than the Dashboard, or the Service cannot be used to process requests with respect to Submitted Data2Errors in the Service affect users' ability to benefit fully from itCustomer cannot use the Dahsboard to review transaction data or configure verification settings3The Service displays some minor errorsCustomer finds the Service to be slow or/and there is an error that does not keep the user from using the system in daily operationsThe following response and fix times shall apply to Customer:Priority LevelInitial ResponseFix or Workaround1Within 1 hourWithin 24 hours2Within 1 business dayWithin 3 business days3Within 2 business daysWithin 30 business days, unless otherwise indicated in responseTo receive emergency assistance for Priority Level 1 issues, Customer shall email support@getoctane.io and indicate that Customer is having a Priority Level 1 issue. Upon receipt of such communication, Octane shall perform the following steps:1.Octane’s representative will assess the Priority Level of the issue based on the error description.2.In case the issue is categorized as Priority Level 1 issue, Octane will use commercially reasonable efforts to provide Customer with regular updates, unless otherwise indicated in response, until the reported issue is resolved.3.If an issue does not rise to the level of a Priority Level 1 issue, the appropriate Priority Level will be assigned and the Customer is informed of this change.If resolution cannot be reached within the target timeframe, Octane will send a new estimated fix time. Such an estimate will be sent in cases where the request requires extensive research or escalation, as well as in other cases where Octane finds it necessary.The initial response will consist of:-A suggested resolution to the problem; or-A request for more detailed information or clarification, which will enable Octane to determine the appropriate course of action; or-Notification of the estimated time for providing the user with further information, resolution, or a workaround, as appropriate.
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