Genesys, however, will not issue Credits for service incidents caused by: any services, Equipment, networks, or the like over which Genesys has no control, or does not manage, such as Customer-provided voice or data networks including delivery of calls over the internet; Customer’s software, services, computers, facilities, power failures or 3rd party integrations; Customer or users, including modifications made by Customer, User or another third party to the Customer applications, Services, or any features or functionality thereof; actions or inactions required for compliance with Laws; Internet connectivity or failures, and Force Majeure events. This Service Level Agreement is applicable provided Customer is not in material breach of any of the Agreement, including each of its Schedules. This Service Level Agreement, and corresponding Credits, if any, is the sole and exclusive rights and remedies regarding Genesys Cloud Service platform availability.
13. Data Security
Genesys will provide Customer with prompt written notice of in the event of a Data Security Incident. In addition to any other obligations the parties may have pursuant to applicable Laws, the parties will each cooperate with each other to investigate the Data Security Incident, make records specific to the Data Security Incident available to the other party to facilitate compliance with applicable Laws, identify the specific Customer Data involved in the Data Security Incident, and take measures to contain and control the Data Security Incident to prevent further harm or intrusion. Customer is responsible for harm caused by Customer’s users or agents, including by individuals who were able to gain access to the Genesys Cloud Services or Genesys platform using user names, passwords, and other means of access controlled by Customer. Customer will provide Genesys with immediate notice, as feasible under the circumstances, in the event Customer believes or suspects that user names, passwords, or other means of Customer’s access to the Genesys Cloud Services have been compromised.
14. Transition Services
Transition services to facilitate migration of the services to a replacement provider, to archive or migrate Customer Data, or to otherwise wind-down the services (“Transition Services”) are excluded from the scope of the Subscription. Genesys will make Transition Services available to Customer subject to the parties’ execution of a separate statement of work and Genesys’ then-current time and material rates. If Customer is in breach of the Agreement as of the Subscription termination date, Genesys may condition its performance of Transition Services upon Customer’s pre-payment in full for Transition Services and other outstanding amounts.
As used in the applicable Services Order, SOW, this Supplemental Terms, or User Guide, capitalized terms shall have the meanings set forth below:
Agent: Customer’s Users who answer and place calls via a call center.
Communication Fees: Communications Circuits Fees and VoIP Services Fees for the respective services provided by the applicable service provider, via Genesys.
Communications Circuits Installation: Installation, per Communications Circuit, where Communications Circuits include one or more dedicated MPLS or point-to-point Voice or Data T-1 or E-1 lines.
Communications Circuits: Data and voice communications circuits provided by one or more telecommunications service Providers for use with Genesys Cloud Services.
Communications Deposit: The estimated charges for one month’s usage of the data and voice Communications Circuits and/or long distance charges and Communications Circuits Installation Fees. The amount of the Communications Deposit at the inception of this Agreement will be set forth in the applicable Services Order, and will be adjusted from time to time to reflect actual Communication/long distance usage charges incurred by Customer.
Concurrent User: The peak number of simultaneous Users at a point in time.
Data Security Incident: A confirmed intrusion of the Genesys Cloud Services technical environment resulting in actual or suspected unauthorized access or misuse of Customer Data.
Enabled Port: A statically configured Port of the Genesys Cloud Service that enables a Customer to use the Port, whether or not in use.
Enabled User: A unit of the Genesys Cloud Service enabled for use by a User, and deemed a User regardless of whether the User is actually using the Genesys Cloud Service.
Equipment Third party product provided on a pass-through basis without warranty from Genesys.
IVR: interactive voice response.
Minimum Period Fees: The minimum Fees set forth in a Services Order, defining the scope of Customer’s purchase commitment for the Subscription Term; Fees incurred in any given period in excess of the Minimum Period Fees do not reduce minimums in any other period. Minimum Period Fees may be set forth for a monthly, annual, biannual or other basis. If Minimum Period Fees are set forth on a basis other than monthly, the Minimum Period Fees will be recalculated on a monthly basis for the purpose of assessing any Credits pursuant to a Service Level Agreement and true-up calculations to meet the Minimum Period Fee commitment will be conducted on a quarterly basis.
Port: A semi-permanent interactive information interchange, between two or more communicating devices, or between a computer and User (i.e. a session). A Port is set up or established at a certain point in time, and ended or otherwise closed at a later point in time.
Provision(ed)(ing): The applicable Genesys Cloud Service having been made available to Customer pursuant to the Agreement. For purposes of clarification, provision (lowercase) is used to denote installation or other instigation of certain Provider services.
PS Implementation: Professional Services comprising configuration, installation and implementation of the applicable Genesys Cloud Service, as set forth in a Statement of Work.
Reports: operational and historical reports provided to Customer through a standard set of reporting templates or widgets, configured by Customer personnel, or developed by Genesys PS pursuant to a statement of work.
Supervisor: A Customer technical, operational and support personnel authorized to use the administrative functions and features of the Services, but not otherwise authorized to use the Services in production.
User: An individual who (i) is authorized by Customer; and, (ii) has been supplied a user identification and password(s) by Customer to access the Genesys Cloud Services on Customer’s behalf. A User may be a Concurrent User or Enabled User.