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16 <br /> Rubicon Response Commitment: Rubicon will respond within twenty-four (24) hour of <br />receipt of case. <br /> Resolution: If resolution requires a Rubicon bug fix, Rubicon will add the bug fix to its <br />development queue for a future Update and suggest potential workaround until the <br />problem is resolved in a future Update. Customer will be notified of status changes. <br /> Escalation: None. <br /> Customer Response Commitment: Customer will respond to Rubicon requests for <br />additional information and implement recommended solutions in a timely manner. <br /> CUSTOMER CARE or OPERATIONS REQUEST (Severity Level 5): <br /> Definition: Non-system issues such as Named Support Contact change, requests for SLA <br />reports or business documents, etc. If necessary to open a Support case requesting <br />assistance, Severity 5 should be used. <br /> Rubicon Response Commitment: Rubicon will respond within twenty-four (24) hours of <br />receipt of case. <br /> Resolution Commitment: Rubicon will respond to request. Customer will be notified of <br />status changes. <br /> Escalation: None. <br /> Customer Commitment: Customer will respond to Rubicon requests for additional <br />information in a timely manner. <br />o Rubicon Support Scope <br /> Rubicon will support functionality that is developed by Rubicon and under its direct control. For <br />any other functionality, and/or issues or errors in the Rubicon Service caused by issues, errors <br />and/or changes in Customer's information systems and/or third party produc ts or services, Rubicon <br />may assist Customer and its third party providers in diagnosing and resolving issues or errors but <br />Customer acknowledges that these matters are outside of Rubicon’s support obligations. Service <br />Level failures attributable to (i) Customers acts or omissions; and (ii) force majeure events shall be <br />excused. <br />o Rubicon Service Credit <br /> In the event of a failure by Rubicon to meet the Service Availability and Service Response <br />minimums as set forth in the SLA, as Customer’s sole and exclusive remedy, at Customer's <br />request, Rubicon shall provide service credits in accordance with the following: <br /> a) First month in any rolling six (6) month period: 10% of the Subscription Fee paid for the <br />applicable month for the affected Service <br /> b) Second month in any rolling six (6) month period: 20% of the Subscription Fee paid for the <br />applicable month for the affected Service <br /> c) Third month in any rolling six (6) month period: 30% of the Subscription Fee paid for the <br />applicable month for the affected Service <br /> d) Fourth month in any rolling six (6) month period: 40% of the Subscription Fee paid for the <br />applicable month for the affected Service <br /> e) Fifth month in any rolling six (6) month period: 50% of the Subscription Fee paid for the <br />applicable month for the affected Service or within thirty (30) days of such failure Customer shall <br />have the option to terminate the entire Agreement and upon such termination Customer shall <br />receive a refund of all prepaid subscription fees that are unearned as of the date such termination is <br />effective. <br /> If more than one of the above (a through e) is triggered, Customer will be eligible for the greater <br />amount for the applicable month only. Credits shall be deducted from subsequent invoices for <br />subscription fees or other fees or, upon expiration or termination of the Agreement, paid to <br />Customer directly. <br />DocuSign Envelope ID: 191A2821-4031-4BC4-8723-2D9C4C89A3A6