Services, Support and Hosting
Date Updated: [November 13, 2020]
Shuup will provide Client with support to resolve general issues relating to Client’s account and use of the Services. This support includes resources and documentation that Shuup makes available to Client through the current versions of Stripe’s support pages and resources, and other pages on our website (collectively, “Support Documentation”). The most efficient way to get answers to questions is to review Shuup’s Support Documentation. If Customer still have questions after reviewing the support Documentation, please contact Shuup. If Client’s support needs can only adequately be address by Shuup’s support team, Client must email Shuup support at firstname.lastname@example.org, or through Shuup’s support portal at https://support.shuup.com with a detailed description of Client’s support needs
Customer is solely responsible for providing support to Customer’s and Customer’s clients’ own site visitors, customers, and end users (collectively, “End Users”) regarding Client’s End User transactions with Customer or third party customers of Customer, Customer’s products or service delivery, support, returns, refunds, and any other issues related to Customer’s products and services and business activities, and its End Users use thereof. Shuup is not responsible for providing support for the Services to Client’s End Users unless Shuup agrees to do so in a separate agreement with Customer or one of Customer’s End Users. Customer further understands and agrees that (a) Customer’s clients’ websites and Customer’s clients’ End Users are not Shuup’s responsibility; (b) Customer and Customer’s clients are solely responsible for providing products, services and support to their End Users; and (c) Customer and Customer’s clients are solely responsible for compliance with any laws or regulations related to Customer’s or Customer’s clients’ use of the Services. Shuup is not liable for, and won’t provide Customer or Customer’s clients with any legal advice regarding, their use of the Services or their End Users. This does not limit or affect any liability Shuup may have to Customer separately for any breach of the other provisions of this Agreement.
1. Shuup Service Support Channels
The following Service support channels are available to Customer:
All Service support requests (“Support Requests”) must be made using the support channels listed above. Support Requests or any other requests or communications that are not sent using the above channels will not be considered valid by Shuup.
2. Support Request Response Times
Shuup’s response times for Support Requests are based on the severity of the Support Request. Shuup follows the reaction and solution times listed in the table below based on the corresponding severity categories. “Reaction time” means the maximum amount of time between Customer’s submission of a Support Request and the time when Shuup initiates efforts to resolve the problem identified in the Support Request. “Solution time” means the maximum amount of time between Customer’s submission of a Support Request and time at which Shuup resolves the issue or provides Customer with a resolution to the issue. Issues that might cause Customer to submit a Support Request have been categorized into three (3) categories based on how critical it is to fix the issue from the Customer’s business perspective. Each of the categories have different response and solution times. The severity of each issue will be categorized by Shuup in conjunction with the Customer.
|SEVERITY||REACTION TIME||SOLUTION TIME|
|Critical: A “Critical” issue is a catastrophic production problem within the Services that (1) severely impacts the Customer’s Production Server Instance, or the result of which Customer’s Production Server Instance is down or not functioning, or (2) that results in a loss of production data and no work around solution exists for Customer. Critical issues must be reported on Shuup’s toll-free support telephone number in order to expedite resolution. Shuup will use continuous efforts during its normal hours of operation, with appropriate escalation to senior management, to provide a resolution for any Critical issue as soon as is commercially reasonable. "Production Server Instance" means a cloud droplet where the production application is served from, is specified in this agreement, and usually hosted in Digital Ocean.||1 hour||4 hours|
|Severe: A “Severe” issue is an issue within the Services where (1) the Customer’s Services system is functioning but in a reduced capacity, or (2) the issue is causing significant impact to portions of the Customer’s business operations and productivity, or (3) the Services are exposed to potential loss or interruption of functionality or availability. Issues existing in a non-production environment that would otherwise qualify as a Severe issue if they were in a production system qualify as Moderate. Shuup will use reasonable efforts during its normal hours of operation to provide a resolution for any Moderate problem as soon as is commercially reasonable.||4 hours||3 days|
|Low: A “Low” issue is for a general usage question or issue that may be cosmetic in nature or documentation-related, but the Service works during normal hours of operation.||2 days||10 days|
3. Supported Browsers
Shuup supports a maximum of two (2) year old web browsers. This two year period is calculated from the date of the date Customer’s use of the Services is first initiated. Web browsers are only supported by the Services when being used with their default settings. Shuup cannot provide support to Customer if Customer uses browsers that have add-ons or extensions enabled or to browsers which have compatibility mode or other special settings enabled.
Supported desktop browsers include:
- Internet Explorer
Supported mobile browsers include the following operating systems’ default browsers:
- IOS (Safari)
- Android (Chrome)
4. Third Party Integrations
Shuup is not responsible for any changes made by third parties. This includes, but is not limited to:
- API changes;
- Third party service downtimes; or
- Third party service failures.
Shuup is not responsible for making any changes to the Services provided without compensation if a third party makes API changes that affect Customer’s use of the Services. Shuup may, in its sole discretion, make any required changes to maintain the functionality of Customer’s use of the Services, at a price to be determined in Shuup’s sole discretion.
Shuup may, in its sole discretion, use subcontractors to offer Support services to Customer.
6. Third Party Tools and Services Utilized by Shuup
Shuup uses the following tools to enable Shuup to provide Support services for Customer:
7. Customer Tools and Services
Shuup does not assume any responsibility for the personal data of the Customer, or the data of the Customer’s customers once Customer has released the Services for commercial use. Customer should ensure it has the necessary insurance or coverage in case of any kind of data breach.
8. Third Party Service Providers
The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to Customer. Examples of Third Party Services include certain domain name registration services, social media platforms, third party Payment Processors (as defined in the Agreement), and other integrations or extensions, stock images and email service subscriptions for sale and other integration partners and service providers. These Third Party Services may have their own terms and policies, and Customer’s use of them will be governed by those terms and policies. Shuup doesn’t control Third Party Services, and Shuup is not liable for Third Party Services or for any transaction that Customer or End Users may enter into with them, or for what they do. When using Third Party Services, Customer’s security is Customer’s responsibility. Customer also agrees that Shuup may, at any time and in Shuup’s sole discretion, and without any notice to Customer, suspend, disable access to or remove any Third Party Services. Shuup is not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses Customer or End Users may incur or otherwise experience as a result (except where prohibited by applicable law).
The following third party service providers may be used in conjunction with the Services provided by Shuup:
|SERVICE SHUUP||USAGE||TERMS AND CONDITIONS|
|AWS||Backups Log server||aws.amazon.com/service-terms/|
|CloudFlare||CDN, WAF, DDOS||www.cloudflare.com/terms|
|Mandrill||Email Proxy / Transactional emails||mailchimp.com/legal/terms/|
|DNSMadeEasy||Domain name Services||dnsmadeeasy.com/about/policiesandtos/|
|Travis CI||Integration testing||billing.travis-ci.com/pages/terms|
By default, the following measures will be monitored on Shuup’s server:
- Memory usage
- CPU usage
- Disk space
- Disk IO
- Network IO
10. Service Levels and Credits:
10.1 Service Levels. Subject to the terms and conditions of the Shuup Software as a Service Agreement and this Support Policy, Shuup will use commercially reasonable efforts to make the Services Available at least ninety-nine and one half percent (99.5%) of the time as measured over the course of each calendar month during the Term (each such calendar month, a “Service Period”), excluding unavailability as a result of any of the Exceptions described below in this Section 10.1 (the “Availability Requirement”). “Service Level Failure” means a material failure of the Services to meet the Availability Requirement. “Available” means the Services are available for access and use by Customer and its Authorized Users over the Internet and operating in material accordance with the Specifications (as defined in the SaaS Agreement). For purposes of calculating the Availability Requirement, the following are “Exceptions” to the Availability Requirement, and neither the Services will be considered un-Available nor any Service Level Failure be deemed to occur in connection with any failure to meet the Availability Requirement or impaired ability of Customer or its Authorized Users to access or use the Services that is due, in whole or in part, to any: (a) act or omission by Customer or any Authorized User; (b) Customer Failure; (c) Customer’s or its Authorized User’s Internet connectivity; (d) Force Majeure Event; (e) failure, interruption, outage, or other problem with any software, hardware, system, network, facility, or other matter not supplied by Shuup pursuant to this Agreement; (f) Scheduled Downtime; or (g) disabling, suspension, or termination of the Services pursuant to Section 2.8 of the SaaS Agreement.
10.2 Service Level Failures and Remedies. In the event of a Service Level Failure, Shuup shall issue a credit to Customer in the amount of 10 percent (10%) of the monthly Fees for the Services due for the Service Period in which the Service Level Failure occurred (each a “Service Credit”), subject to the following:
(a) Shuup has no obligation to issue any Service Credit unless: (i) Customer reports the Service Failure to Shuup immediately on becoming aware of it; and (ii) requests such Service Credit in writing within five (5) days of the Service Level Failure; and
(b) in no event will a Service Level Credit for any Service Period exceed ten percent (10%) of the total Fees that would be payable for that Service Period if no Service Level Failure had occurred.
Any Service Credit payable to Customer under this Agreement will be issued to Customer in the calendar month following the Service Period in which the Service Level Failure occurred. This Section 10.2 sets forth Shuup’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure.
10.3 Scheduled Downtime. Shuup will use commercially reasonable efforts to: (a) schedule downtime for routine maintenance of the Services between the hours of 3 a.m. and 6a.m., PST Timezone; and (b) give Customer at least 72 hours prior notice of all scheduled outages of the Services (“Scheduled Downtime”).