Service Level & Support Agreement
This Service Level & Support Agreement exhibit sets forth the terms and conditions pursuant to which Freshworks, Inc. will provide its services. This exhibit is an integral part of the Agreement by and between Freshworks, Inc. and Customer. Capitalized terms used and not defined herein shall have the meanings set forth elsewhere in the Agreement.
|SLA, Service Performance||Metric|
|Service uptime||99.8% Actual Uptime|
|(availability based on each|
Freshworks Service Uptime Requirements:
“Actual Uptime” means Maximum Availability less Downtime
“Actual Uptime Percentage” means the percentage of Maximum Availability represented by Actual Uptime (Actual Uptime / Maximum Availability)
“Available” or “Availability” means the ability for Customer to access the Freshworks’ product Service, including all material features and functionality provided thereby.
“Downtime” means any time access to the Freshworks’ product Service is not Available but excluding Permitted Downtime (as defined below).
“Emergency Maintenance Period” means the period of time elapsed during any maintenance performed on the Freshworks’ product Service, which maintenance is required as a result of conditions beyond Freshworks’s reasonable control. Emergency Maintenance is a requirement for security or vital Freshworks’ product Service functionality. Freshworks will provide Customer with at least thirty (30) minutes advance notice for emergency maintenance where possible. Emergency maintenance may occur at any time, as Freshworks deems necessary. Emergency maintenance notifications will be sent to a single Customer email address. It is Customer’s sole responsibility to ensure the provided email address is current and fully functional. Customer’s email address for notification purposes must be communicated to Freshworks in writing prior to the issuance of any emergency maintenance notifications by Freshworks.
“Maximum Availability” means the total number of minutes in the calendar month for which the Actual Uptime Percentage is calculated, e.g. 44,640 minutes in the month of July.
“Permitted Downtime” means the following:
- Problems caused by Customer’s telecommunications or Internet services;
- Problems caused by software or hardware not provided or controlled by the product or the product’s Hosting Provider;
- Problems due to force majeure events, as described in the Agreement;
- Problems caused by Customer or Customer authorized users integrating or operating the Freshworks’ Product Service in a manner not in compliance with its published documentation and guidelines (including the Freshworks guidelines on the Master Service Agreement) or otherwise authorized by Freshworks;
- Any Scheduled Maintenance Period associated with Scheduled Maintenance performed by Freshworks’ product in accordance with the terms below solely to the extent such Scheduled Maintenance Period does not exceed a total of  hours in each calendar quarter in respect of Scheduled Maintenance performed in accordance with the terms set forth herein; and
- Downtime mutually agreed in advance with Customer in writing or via email.
“Scheduled Maintenance Period” means the period of time elapsed during any scheduled maintenance performed by Freshworks’ product on its Service and shall not exceed 2 hours unless mutually agreed in writing (including via email) in advance. Freshworks will provide Customer with at least 7 business days’ advance notice for standard maintenance required for major releases or otherwise performed in the ordinary course and not for emergency maintenance purposes. Freshworks will use commercially reasonable efforts to schedule maintenance during hours other than during normal business hours excluding weekends. Scheduled maintenance notifications will be sent through the Freshworks Service. It is Customer’s sole responsibility to ensure the provided email address is current and fully functional.
Service Availability Credits
Service Availability Credits are only available where Customer is current with payment, unless any unpaid amounts are subject to good faith dispute by Customer.
If during any full calendar month of the term of the Agreement, the Actual Uptime Percentage is lower than 99.8%, Freshworks shall provide Customer with a Service Availability credits in accordance with the applicable Service Credit % set forth in the table below. The Service Availability Credit(s) shall be calculated against Monthly Fees and shall be paid against future Fees or refunded in the event of any termination or expiration of this Agreement and/or Product Schedules (as applicable). For purposes of calculating Service Availability Credits in accordance with this paragraph, the “Monthly Fees” is the amount of Service fees paid by Customer to Freshworks for use of the respective Product’s Service with any and all Customer Products that were affected by the Freshworks Product’s failure to meet the required Actual Uptime Percentages set forth in tables below in the month in question. For the avoidance of doubt, Customer may be entitled to receive the Product’s Downtime Credits in any applicable month depending on the Downtime amounts experienced in any such month or applicable calendar quarter. For purposes of calculating Service Availability Credits, at the end of each calendar quarter during the Schedule Term, in the event that the aggregate amount of Downtime associated with all Scheduled Maintenance performed by the Product exceeds the 2 hour maximum allowable for Permitted Downtime, any such excess Downtime associated with such Scheduled Maintenance will be considered Downtime of the Product’s Service in the last month of such calendar quarter period.
Service Downtime Credits
|Actual Freshworks Product Service Uptime Percentage||Service Credit %|
|> 98.5% but < 99.8%||2% of Monthly Fees|
|> 97.5% but < 98.5%||3% of Monthly Fees|
|> 96.5% but < 97.5%||5% of Monthly Fees|
|> 95.5% but < 96.5%||6% of Monthly Fees|
|> 94.5% but < 95.5%||10% of Monthly Fees, and ability to immediately terminate without further liability, provided that notice to terminate will be provided not greater than 30 days from the end of the month in question.|
|< 94.5%||25% of Monthly Fees and ability to immediately terminate without further liability, provided that notice to terminate will be provided not greater than 30 days from the end of the month in question.|
To receive a Service Availability Credit, Customer must submit a request via e-mail to the respective product support email: email@example.com.
To be eligible, the credit request must be sent to Freshworks within sixty (30) days of Customer becoming aware of such breach, subject to Freshworks’s obligation to provide up-time reporting to Customer in accordance with the terms set forth herein, provided, however, that in the event of any dispute between the parties regarding the Actual Uptime Percentage for any given month, the parties will coordinate in good faith to resolve any such dispute using available data and reporting. Freshworks will issue the Service Availability Credit(s) to Customer within one billing cycle following the month in which the request occurred. Customer’s failure to provide the request within the time period set forth above will disqualify Customer from receiving a Service Availability Credit in relation to such breach.
This SLA is based on practices followed by accounts in the respective Freshworks products to provide the performance level contemplated herein. Freshworks products are designed to be self-service products and customer will own responsibility of appropriate configurations to ensure performance levels are intact; in case it’s identified that some misconfiguration (knowingly or unknowingly) by customer led to performance degradation, this SLA will be suspended until customer and Freshworks agree upon and implement a new or modified configuration designed to provide desired level of performance.
The following is the scope of support services that are in general offered by Freshworks to its customers. However, the scope of service will primarily depend on the plan the Customer falls under at any particular time.
A. Telephone Support (Help Desk) – Toll-free phone support will be available, in English only, through the Freshworks Support help desk as follows:
All locations +44 (800) 808-5790
Hours: 24 hours (Monday- Friday), excluding US Government holidays
B. E-mail Support : Customer’s authorized personnel may also report issues by e-mail in the English language to firstname.lastname@example.org. Freshworks welcomes Customer feedback and comments and Customer may forward such information to Freshworks by e-mail to email@example.com.
C. Excluded from Support:
- Services related to third-party products
- Errors in any End User Data or other information supplied by Customer
- Errors not attributable to the Freshworks products’ service
D. Customer Responsibilities:
- ● Follow the Support procedures identified by Freshworks.
- Assist Freshworks in its efforts to diagnose and resolve a reported issue.
- Follow the instructions in the user guides and product documentation, including maintaining the minimum end user system requirements.
E. Response Times
All issues reported to the Freshworks customer support department will be classified and directed to the appropriate team for response.
Issues are classified under four severity levels as shown in the below table:
|Program Error Priority code||Program Error Priority Definition||Example||Response Time|
|Severity 1||Urgent: The most severe type of Program Error. It can be described as a showstopper, a critical failure in operational activity where no workaround is available.||Service down||2 hours|
|Severity 2||High: This is the second most severe type of Program Error. These problems are considered high impact issues. Problems in this assessment category include an application that is inoperative or seriously degraded where a short-term workaround is available.||Reduced usability of Service (i.e. material data access errors)||4 hours|
|Severity 3||Medium: The Program Error limits the functionality or usefulness of the application, but the condition is not critical to the continued operation of the Freshworks products’ Service. A workaround is readily available and can be applied or used with little or no operational impact.||Work around that is inconvenient, but Service is functional||6 hours|
|Severity 4||Low: This is the least severe type of Program Error. It can be described as a minimal problem arising from a misleading or unsatisfactory component or feature. The problem can be circumvented with no operational impact and there are no data integrity issues. Deferred maintenance of “low” Program Error is acceptable.||Minimal to no impact, but may be resolved in next patch update||8 hours|
The Freshworks support representative will determine the severity level based on the description provided by Customer. Once a case is created, Freshworks will acknowledge the issue to Customer and issue a tracking number. The priority level of the submitted ticket is used to determine the response time promises listed above. Initially, the Customer may set the priority level of a ticket. Freshworks reserves the right to reclassify the priority level at any time if Freshworks reasonably believes the classification is incorrect.
Freshworks’s ability to replicate and respond to Customer issues will depend on accurate and detailed information supplied by Customer. Response times shall run from the earlier of:
- identification of the issue by Freshworks via email; or
- receipt of a phone call stating the correct identification of the issue by Customer. Freshworks will respond to Customer via phone and email in the event of “urgent” and “high” priority support requests and via email for all other support requests.
The response times stated above shall not apply:
- where both parties agree, the issue is outside of the control of Freshworks; or
- where the issue cannot be responded to due to Customer’s failure or inability to respond to any issue for which Customer’s participation or Customer’s response is inherently required as part of the response to the identified issue.
Freshworks may correct a Program Error by providing a fix or a reasonable workaround. Freshworks shall handle Severity 1 and Severity 2 issues with utmost priority but does not promise any resolution time. Freshworks shall engage in and shall continue all commercially reasonable efforts including incorporating any available work around solutions necessary to resolve any such issue and will continue to assist Customer to resolve any such issue.
F. Escalation Procedures
|__________________________ (CUSTOMER) (Signature)||_________________________ (FRESHWORKS, INC.) (Signature)|
|Priority code||Name of Freshchat contact / Role||Email address|
|Level 1||Assigned Support Engineerfirstname.lastname@example.org|
|Level 2||Regional Support Manageremail@example.com|
|Level 3||Global Support Headfirstname.lastname@example.org|
|Level 4||Head of Productemail@example.com|