CONFIDENTIALITY OBLIGATIONS. By utilizing this Service, you expressly agree to treat all information, whether written, oral, or otherwise disclosed, that you may hear or learn about Craftsman (herein after referred to as the ‘Confidential Information’) as strictly confidential and proprietary. You shall not disclose, reveal, disseminate, or use the Confidential Information for any purpose other than as necessary to fulfill the intended purpose of this Service.
For the purpose of this agreement, Confidential Information shall include, but not be limited to, any non-public information, trade secrets, proprietary data, customer information, financial information, marketing strategies, technical specifications, and any other information related to Craftsman’s business, products, services or operations.
You shall exercise the highest degree of care and take all reasonable precautions to prevent the unauthorized disclosure, use, or dissemination of the Confidential Information. This duty of care shall apply both during the term of your use of this Service and shall continue for a period of two years after the termination of your use of the Service, regardless of the reason for termination.
You acknowledge and agree that any unauthorized disclosure, use, or breach of this confidentiality provision may cause irreparable harm to Craftsman, and Craftsman shall be entitled to seek injunctive relief or any other available legal remedies, in addition to any other rights or remedies available at law or in equity.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these terms, you and Craftsman are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. (See Section 16.)
- Craftsman Service Overview. Craftsman is a creative technology company that empowers marketers to find and exploit massive creative wins. Our sophisticated platform enables partners to quickly iterate their content to drive scale and efficiency.
- Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Accounts and Registration. To access most features of the Service, you must first register for an account and your account must then be approved by us. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
- General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
- 4.1 Price. The fees applicable for your use of the Service will be set forth in the Order Form. Craftsman reserves the right to determine pricing for the Service. Craftsman may change the fees for any feature of the Service, including additional fees or charges, if Craftsman gives you advance notice of changes before they apply. Craftsman, at its sole discretion, may make promotional offers with different features and different pricing to any of Craftsman’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
- 4.2 Subscription Service Renewal. The subscription service will continue unless and until you cancel your subscription or we terminate it. You will receive an automated email notification informing you of your upcoming contract renewal 90 days prior to the end date of the current subscription term. You must cancel your subscription 60 days prior to your current end date in order to avoid renewal. Renewals will be automatic, and will continue for successive periods of the Length of Subscription Term as defined in The Order.
- 4.3 Trial Periods. From time to time, we may offer trials of Subscription Services for a specified period without payment or at a reduced rate (a “Trial”). Craftsman may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
- 4.4 Delinquent Accounts. Craftsman may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
- 5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Craftsman grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
- 5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- 5.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Craftsman an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
- 5.4 Additional Licenses. During the term of the agreement, Customer will have the right to add additional software licenses within the current terms of the agreement. See Annex 1 in the Order Form.
- Ownership; Proprietary Rights. The Service is owned and operated by Craftsman. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Craftsman are protected by intellectual property and other laws. All Materials included in the Service are the property of Craftsman or its third-party licensors. Except as expressly authorized by Craftsman, you may not make use of the Materials. Craftsman reserves all rights to the Materials not granted expressly in these Terms. Any assets created or exported using the service is fully owned by you.
- Third Party Terms.
- 7.1 Third Party Services and Linked Websites. Craftsman may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Craftsman with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Craftsman may transfer that information to the applicable third party service. Third party services are not under Craftsman’s control, and, to the fullest extent permitted by law, Craftsman is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Craftsman’s control, and Craftsman is not responsible for their content.
- 7.2 Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
- User Content
- 8.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including photos, video, images, folders, data, text, and other types of works (“User Content”) on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
- 8.2 Limited License Grant to Craftsman. Solely to the extent required by Craftsman to provide you the Services, you hereby grant Craftsman a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, and modify your User Content to provide you the Services, and to permit Craftsman’s third party service providers to do the same solely in connection with their performance of services to Craftsman as part of the Services.
- 8.3 User Content Representations and Warranties. Craftsman disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
- a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Craftsman to use your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Craftsman, the Service, and these Terms; and
- b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) cause Craftsman to violate any law or regulation.
- c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- 8.3 User Content Representations and Warranties. Craftsman disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
- 8.4 User Content Disclaimer. We are under no obligation to edit or control User Content, and will not be in any way responsible or liable for User Content. Craftsman may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Craftsman with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Craftsman does not permit copyright-infringing activities on the Service.
- Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
- Prohibited Conduct. By using the service you agree not to:
- a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- c. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- d. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- e. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
- f. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
- g. attempt to do any of the acts described in this Section 1 or assist or permit any person in engaging in any of the acts described in this Section 1.
- Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice, but changes will not take effect until your next renewal period. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Term, Termination and Modification of the Service.
- 12.1 Term. These Terms are effective beginning with the Subscription Start Date as specified on the Order Form, and until such time as the subscription service is canceled as outlined in Sections 12.2 or 12.3.
- 12.2 Renewal and Cancellation. The Subscription Service shall automatically renew for successive periods of the “Length of Subscription Term” as defined in The Order, unless either party provides written notice of termination at least 60 days before the end of the current term. In the absence of such notice, The Subscription Service shall automatically renew under the same terms and conditions. Should Craftsman Plus wish to make any changes to pricing, notice shall be given to The Client a minimum of 90 days prior to renewal. If The Client does not notify Craftsman Plus of intent to cancel 60 days prior to the end date of the existing subscription term, the new pricing shall be deemed accepted by The Client.
- 12.4 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Craftsman any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.5, 13, 14, 15, 16 and 17 will survive.
- 12.5 Modification of the Service. Craftsman reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, with written notice to the Customer.
- 13.1 Customer Indemnity. Customer shall indemnify, defend and hold harmless Craftsman and its Affiliates, employees or directors from any and all costs, expenses, damages, judgments and liabilities (including reasonable attorneys’ fees and the cost of any recalls) incurred by or rendered against Craftsman or its Affiliates, employees or directors in any Third Party claim made or suit brought to the extent resulting from any of the following: (a) unauthorized use of, or misuse of, the Service; (b) violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation related to your use of the Services; (c) violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right in your use of the Services, subject to Section 13.2 below.
- 13.2 Craftsman Indemnity. Craftsman shall indemnify, defend and hold harmless Customer and its Affiliates, employees or directors from any and all costs, expenses, damages, judgments and liabilities (including reasonable attorneys’ fees and the cost of any recalls) incurred by or rendered against Customer or its Affiliates, employees or directors in any Third Party claim made or suit brought to the extent resulting from: (a) allegations that the Services, including Craftsman’s provision of the Services, Materials, Craftsman Retained IP, or to the extent provided by Craftsman, Work Product or Third Party Components infringe such Third Party's intellectual property or proprietary rights; and (b) violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation related to Craftsman’s provision of the Service.
- 13.3 Indemnification Procedures. In the event of any claim giving rise to an indemnification obligation set forth in this Section13: (i) the indemnified party will promptly notify the indemnifying party of any such claim or potential claim of which the indemnified party has knowledge, provided, however, that any failure to provide such notification will not relieve the indemnifying party from its indemnification obligation except to the extent that the indemnifying party was prejudiced by such failure to provide notice; (ii) the indemnified party will tender to the indemnifying party sole control of the defense of the Claim and any related settlement negotiations, provided, however, that the indemnifying party will not enter into any settlement that imposes any duties or obligations on the indemnified party, monetary or otherwise, or requires the indemnified party to make any admissions, without the indemnified party’s express prior written consent; and (iii) the indemnified party will provide reasonable assistance to the indemnifying party, upon the reasonable request of the indemnifying party and at the indemnifying party’s cost and expense, in defending and settling such claim.
- Disclaimers; No Warranties
The service and all materials and content available through the service are provided “as is” and on an “as available” basis. Craftsman disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Craftsman does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Craftsman does not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the service or Craftsman entities or any materials or content available through the service will create any warranty regarding any of the Craftsman entities or the service that is not expressly stated in these terms. We are not responsible for any damage that may result from the service and your dealing with any other service user. You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content. The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. Craftsman does not disclaim any warranty or other right that Craftsman is prohibited from disclaiming under applicable law.
- Limitation of Liability
To the fullest extent permitted by law, in no event will the Craftsman entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Craftsman entity has been informed of the possibility of damage.
Except as provided in section 16.5 and to the fullest extent permitted by law, the aggregate liability of the Craftsman entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Craftsman for access to and use of the service in the 12 months prior to the event or circumstance giving rise to claim; or (b) $50,000.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 15 will apply even if any limited remedy fails of its essential purpose.
- Dispute Resolution and Arbitration.
- 16.1 Generally. In the interest of resolving disputes between you and Craftsman in the most expedient and cost effective manner, and except as described in Section 16.2 and 16.3, you and Craftsman agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these terms, you and Craftsman are each waiving the right to a trial by jury or to participate in a class action.
- 16.2 Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- 16.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter to Craftsman Plus Inc., Attention: Legal Department – Arbitration Opt-Out, 1521 Alton Road #186, Miami Beach, FL 33139-3301 that specifies: your full legal name or company’s name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Craftsman receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- 16.4 Arbitrator. Any arbitration between you and Craftsman will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Craftsman. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- 16.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Craftsman’s address for Notice is: Craftsman Plus Inc., 1521 Alton Road #186, Miami Beach, Florida 33139-3301. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Craftsman may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Craftsman must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Craftsman in settlement of the dispute prior to the award, Craftsman will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- 16.6 Fees. If you commence arbitration in accordance with these Terms, Craftsman will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, NY, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Craftsman for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- 16.7 No Class Actions. You and Craftsman agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Craftsman agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- 16.8 Modifications to this Arbitration Provision. If Craftsman makes any future change to this arbitration provision, other than a change to Craftsman’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Craftsman’s address for Notice of Arbitration, in which case your account with Craftsman will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- 16.9 Enforceability. If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if Craftsman receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
- 17.2 Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Craftsman submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Wilmington, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from New York, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
- 17.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- 17.6 Contact Information. The Service is offered by Craftsman Plus Inc. You may contact us by sending correspondence to 1521 Alton Road #186, Miami Beach, FL 33139-3301 or by emailing us at firstname.lastname@example.org.
- 17.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- Support Integration. Craftsman shall provide the Customer with an online Help Center. The Craftsman online Help Center is the first point of contact for the Customer to report incidents that they are unable to resolve.
Only issues related to Craftsman’s products shall be reported to Craftsman. Requests for new functionality (Feature Requests) are not covered by the SLA detailed below, but should still be raised with the Customer Success Advisor via the online Help Center.
- 18.1 Training. To maximize the customer’s productivity and minimize support incidents, Craftsman provides a training session for each new user. Training materials provided may change in the future, as the product, as well as training methodologies, evolve.
- 18.2 Support Availability Hours. Monday - Friday: 9am - 6pm EST. Working days are normal statutory workdays (usually Monday - Friday, except for Bank Holidays).
- 18.3 Communication. Craftsman’s online Help Center is the primary point of contact for reporting incidents and requesting Feature Requests. The email address for the online Help Center is email@example.com. A support line via telephone service is not provided by Craftsman.
- Service Level Agreements for Incidents and Maintenance
Once identified as a Craftsman Plus issue, a P1 issue will be classed as a result of service unavailability. Total loss of service, security breach or critical software or hardware failure. No workaround available
- Inability to login to the platform
- Server outage
Once identified as a Craftsman Plus issue, a P2 issue will be classed as a result of critical functionality being interrupted, degraded or unusable and has an impact on the service availability. No workaround available
- Inability to edit or export ads
- Interaction functionality does not work in the platform
Once identified as a Craftsman Plus issue, a P3 issue will be classed as a result or a major impact on non-critical functionality. No workaround available.
- Effect functionality does not work in the platform
- Formatting options are not available
Once identified as a Craftsman Plus issue, a P4 issue will be classed as a result of a minor impact on non-critical functionality, or an incident with any available workaround.
- File size showing incorrectly
- Styling or usability issues 19.1 Incident Classification. The following table states the priority levels for incidents. Incidents of priority level (P1) are handled by the Major Incident Management procedure. This dedicated team concentrates on the incident alone which ensures that such incidents are handled with shorter timescales and greater urgency.
- 19.2 Response and Resolution Times. The following Service Level Agreements in the table below apply to correctly logged support requests. The table states different targets and levels of timescales for each priority. "h" stands for business hours, "d" for business days and "w" for business weeks.
||Required Response Time1
||Required Resolution Time2
||2h and upon completion
||On the day raised and upon completion
|| Every 5d
1If request received within business hours,
2Commences from the moment that it's verified as a Craftsman issue.
Service Levels are measured from the time at which the Client has provided all information reasonably required.
- 19.3 Availability Service Level Agreement. Craftsman provides the following Service Level Agreement for the provision of software availability:
Craftsman Studio Overall Availability Service Level Agreement
|Availability per month (excluding all planned/emergency maintenance)
This agreement applies separately to each Software product or service environment.
- 19.4 Maintenance Agreement. While Craftsman aims to make the Software available 24 hours per day, 7 days per week, some downtime is necessary in order to conduct planned and emergency maintenance. Planned maintenance will be carried out based on market assessment of traffic, time zone and business requirements. Emergency maintenance may be carried out at any time depending on the associated risk or impact to the integrity of the product, service or accompanying data.
Craftsman will use reasonable endeavors to ensure a minimum written notice period as outlined below is provided:
This agreement applies separately to each Software product and service environment.
- Browser policy
- Business Continuity Planning. Business Continuity Planning for the Software has been conducted to select a cost-effective strategy for restarting operations in the event of a disaster and to identify which operations and supporting activities need to be restarted after a disaster, the maximum acceptable time limits by which they must restart, and the resources needed to restart them. The key metrics defined by the planning are the Recovery Time Objective (“RTO”) and the Recovery Point Objective (“RPO”).
- The Recovery Time Objective (RTO) defines the target resolution time of an outage.
- The Recovery Point Objective (RPO) defines the target point in time to recover data in the event of an outage.
- Causes or threatens to cause full and total system outage or total workflow interruption to multiple users; and
- Requires special measures to be taken to restore services back to normal. For the purpose of this section, a disaster is an incident or event which;
- Craftsman’s Business Continuity Plan (BCP) is continually updated in line with infrastructure improvements and risk assessments, seeking to ensure all aspects of the Software are capable of functioning in the midst of disruptive events.
- 21.1 Disaster Recovery Planning. The RTO and RPO metrics defined in the BCP have been integrated in the Craftsman Studio architectural design in order to ensure the most suitable recovery strategy for each system is implemented to meet those metrics, with the best possible balance of cost, risk and quality of service. The core principles of the design are as follows:
- RTO and RPO targets are achievable and tested.
- There should be no single point of failure in any system.
- Backups (snapshots) of databases are taken periodically throughout each day.
- Critical data is replicated across multiple availability zones within a given geographic region for full redundancy (and each availability zone is made up of multiple physical data centers).
- Highly available environments with services replicated between multiple servers across multiple availability zones to enable continuous access to systems and data.
- 21.2 RTO and RPO Service Level Objectives. Craftsman operates with the following Service Level Agreements for Craftsman Studio. The following objectives apply separately to each Software product or service environment.
|Service Level Attribute
||Service Level Agreement
|Operational Recovery Time Objective (RTO)
|Operational Recovery Point Objective (RPO)
||24 Hours (max)