The Maintenance and Support Services and Service Levels set forth herein apply to GuideStar’s Platform Solutions (including GuideStar’s API-based products (but excluding DonorEdge)) and GuideStar’s web-services (including GuideStar Premium, GuideStar Pro, and Charity Check) (collectively, the “Covered Products”). The Maintenance and Support Services include responding to incidents in connection with the Covered Products and support requests via telephone or via electronic mail, and providing an initial response and status updates for all incidents. In addition, GuideStar shall provide maintenance updates for the Covered Products at the same time GuideStar makes such maintenance updates generally available to its customer base.
Support for Authorized Users using the Covered Products:
- GuideStar will provide two-tier support for Authorized Users using the Covered Products
- First tier support will be provided through the GuideStar Community (https://community.guidestar.org).
- For questions not addressed in the Community, GuideStar will provide Services Support via staffed email or phone support as defined below. For the avoidance of doubt, GuideStar will provide direct support to Authorized Users, but not to the end user customers of licensees.
- GuideStar support will be available from 8:00 a.m. to 5:00 p.m. EST Monday through Friday excluding nationally recognized holidays (“Normal Business Hours”).
- GuideStar agrees to respond to requests from Authorized Users for assistance and information for technical support related to any malfunction, defect, failure, non-conformity, or other problem experienced by the applicable Covered Product that prevents the Covered Product from conforming to and operating in accordance with its applicable documentation and technical and operational specifications.
- With respect to requests for assistance or support received outside of Normal Business Hours, GuideStar will respond within the period set forth in the following Problem Escalation section below after commencement of next Normal Business Hours.
- An Authorized User shall call or email during Normal Business Hours to report problems or issues with the applicable Covered Product. Each Authorized User should leave contact information. Based on the information provided by the Authorized User, GuideStar will classify the issue as either i) critical or ii) routine.
- Critical issues are any issues that render the Covered Product inoperable or which severely limit the functionality or performance of the Covered Product. Routine issues are problems or questions that arise in the normal course of business but which do not interrupt or reduce the level of service.
- GuideStar will respond to critical issues within 12 hours and will respond to routine issues by the next Business Day.
Provision of Maintenance Updates. GuideStar will provide Maintenance Updates for the Covered Products from time to time at the same time that GuideStar makes such Maintenance Updates available to its general customer base. “Maintenance Update” means any modification, addition, enhancement, improvement, update, new release or other upgrades to the GuideStar Product that is intended to fix a bug or other issue with the Covered Product. GuideStar will communicate any anticipated downtime for the Covered Products by posting a notice of the same within the GuideStar Community (https://community.guidestar.org) at least forty eight (48) hours in advance of such downtime or, if that time-frame is not reasonably practicable for GuideStar, then as much notice as is reasonably practicable under the circumstances. In any case, GuideStar will make commercially reasonable efforts to conduct maintenance outside of Normal Business Hours.
Service Level Agreement (SLA) Availability. Licensor shall make the Covered Products available to Authorized Users 99.9% of the time in any calendar month (“Availability SLA”). The following definitions shall apply to the Availability SLA.
- “Availability” refers to the ability for Authorized Users user to access the applicable Covered Products.
- “Downtime” means any time that the Covered Product is unavailable to the Authorized Users, excluding Emergency Downtime and Scheduled Downtime.
- "Emergency Downtime" means those times where GuideStar becomes aware of a vulnerability which, based on a risk assessment of the vulnerability, GuideStar deems to require immediate remediation and, as a result, one or more of the Covered Products are made temporarily unavailable in order for GuideStar to address the vulnerability. Emergency Downtime is not considered Downtime for purposes of this SLA and will not be counted towards the calculation of the Monthly Availability Percentage.
- "Monthly Availability Percentage" means the total number of minutes in the calendar month (excluding Scheduled Downtime and Emergency Downtime) minus the number of minutes of unavailability due to Downtime in the calendar month, divided by the total number of minutes in the calendar month.
- "Scheduled Downtime" means those periods of downtime where GuideStar has communicated via the GuideStar Community (https://community.guidestar.org) that the applicable Covered Product(s) will be unavailable due to maintenance, repair, testing or other purposes. Scheduled Downtime is not considered Downtime for purposes of the SLA, and will not be counted towards the calculation of the Monthly Availability Percentage.
Monitoring. GuideStar employs ongoing monitoring systems to measure and maintain optimal Availability. Issues reported by GuideStar’s monitoring system will be resolved by GuideStar staff promptly.
Availability SLA Exclusions. The Licensor Availability SLA does not apply to any unavailability issues which the Licensor could not reasonably have mitigated: caused by a Force Majeure Event; (ii) that resulted from any actions or inactions by Licensee or any third parties; or (iii) the root cause analysis of which shows that the unavailability was caused by factors of the hosting vendor which is not within the primary control of GuideStar.
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