Sign in

Terms and conditions

Updated 02 September 2022

Thank you for using MARKETPROVIDER!

Please read through these Terms (“Terms”). By browsing or using the Site or the Platform, you are fully agreeing to these Terms.

The Basic

The following Terms apply to all users of the Site and the Platform. In addition, all applicable laws will also apply to your access and use of the Site and the Platform.

MARKETPROVIDER offers a cloud-based platform designed to import, store, and export data, documents, and digital media provided by the Customer. Our Platform also serves as a space for different team members or Users to collaborate.

Please take a look at our Privacy Policy: https://marketprovider.com/privacy-policy 

1. Définitions

“Account” means an account on the Platform.

“Analytics Data” means statistics, metrics, and other analytics data that may be collected by Customer via Google Analytics and/or other 3rd party data sources.

“Anonymous Data” means Data that has been anonymized so that the Customer isn’t identified as the source of that Data.

“Brands” means a company that is the legal owner of one or more products and owns all trademarks, IP, etc. for that or those products.

“Confidential Information” means any confidential information disclosed by a Party to the other Party. This includes any information that is confidential in nature or is directly disclosed as confidential. This type of information may be written or spoken.

Confidential Information does not include information which is:

  • 1) already known by MARKETPROVIDER and not required to be kept confidential by the Customer;
  • 2)  independently developed by MARKETPROVIDER;
  • 3)  publicly available,
  • 4) rightfully disclosed to MARKETPROVIDER from a third party that isn’t required to keep the information confidential;
  • 5) approved for release by written agreement with the Customer;
  • 6) or Anonymous Data.

“Customer” or “you” means the company, organization, or individual linked to the account that enters into this Agreement with MARKETPROVIDER. As mentioned earlier, the Customer creates an Agreement by accepting the Terms.

“Party” means either of Customer or MARKETPROVIDER and “Parties” means both of Customer and MARKETPROVIDER.

“Payment Terms” means the fees applicable to your Subscription Plan.

“Platform” means MARKETPROVIDER’s cloud-based product information management platform, currently called

“MARKETPROVIDER” including any cloud-based elements, modules, the relevant functionality, content (excluding Customer-Supplied Content), concepts, features, and related documentation. This also includes all updates and customizations.

“MARKETPROVIDER”, “we” or “us” means MARKETPROVIDER LDT  headquartered at 27 Michalacopoulou, office M06, Nicosia, 1075, Cyprus.

“Privacy Policy” means MARKETPROVIDER’s Privacy Policy. As previously mentioned, these may be updated by MARKETPROVIDER from time to time. The current version is available on the Platform.

“Resellers” means a company that is a reseller of products legally owned by another company.

“Services” means all services provided or made available to the Customer by MARKETPROVIDER under this Agreement or any Subscription Plan. These services include but aren’t limited to the access and functionality of the Platform and the Support Services.

“Site” means this and any other website(s) offered by MARKETPROVIDER.

“Subscription Plan” means the type of subscription that Customers may sign up for in order to access the Platform.

“Support Services” means the dedicated account manager and the support services. “User” means one of the Customer’s employees, representatives, and any other individual permitted by the Customer to access the Platform. These Users typically will be in connection with the Customer’s business or educational affairs.

“Verified Brands” means Brands that have been through a verification process by MARKETPROVIDER. 

Account

2. Subscription Plans

2.1.  Services. MARKETPROVIDER offers Customers access to the Platform. Customers are granted access to the Platform via either a Free Subscription Plan or a variety of Paid Subscription Plans. Subscription Plans may vary in their terms such as the level of Platform functionality available to Customers, the fees charged to Customer, and the timing of fees charged to Customer. Subscription Plans are listed and described further on our Site.

2.1.1. Free Subscription Plan. This Subscription Plan comes with a free Account (“Free Subscription Plan”). With a Free Subscription Plan, you will have access to limited Platform functionality.

2.1.2. Paid Subscription Plans. This Subscription Plan requires payment for the Account (“Paid Subscription Plan”). We offer a variety of Paid Subscription Plans.

2.2.  Privacy Policy. Both MARKETPROVIDER and the Customer must use the information and data of the other Party following the terms of the Privacy Policy. 

3. Access and Availability

3.1.  Authorized Users. Users with confirmed email addresses and access to at least one Account may access the Platform. You should notify us about any known or suspected breaches of security. You acknowledge that any User should be presented with and agree to these Terms and the Privacy Policy before using our Platform.

3.2.  Availability. We will make all efforts necessary to ensure that the Platform is available to you based on the terms of your Subscription Plan. In the case that we fail to provide the services of our Platform outlined in these Terms, you will receive a credit.

3.3.  Suspension. We have the right to suspend any Account if:

  • 3.3.1. you are using the Platform or Services in a way that breaks this Agreement or the law;
  • 3.3.2. your system or Account has been compromised or unlawfully accessed;
  • 3.3.3. the infrastructure of our Platform needs to be protected by suspending the Platform or Services;
  • 3.3.4. the law requires suspension;
  • 3.3.5. you fail to pay your Subscription Fees after the third payment failure warning.

4. Support Services

4.1 Email and Chat Support. Email and chat responses are available during support hours only.

We typically respond to email and chat support questions within 8 support hours. To access our email support, please reach out to [email protected] or through the contact form in the “Contact Us” section of the Site.

We accept email and chat support questions 24 hours a day, 7 days a week. 4.2 Customer Manager.

“Customer Managers” for Paid Subscription Plans are available during our support hours. They are available by contacting their direct email account. Your account manager information will be provided when you have your official account manager assignment after purchasing your Subscription Plan.

Rights

5. Ownership

5.1. We own all rights, titles, and interests related to our Platform and Services. Any modifications, upgrades, or developments to the Platform or Services are owned exclusively by us. We also have the right to use feedback provided by our Customers about our Platform or Services for any purpose.

5.2.  Updates. We have the right to improve our Platform or Services at any time. This may include the removal or modifications of certain functionalities.

5.3.  Customer-Supplied Content. Our Platform allows you to store, modify, and distribute content related to your products. Customer-Supplied Content will belong to you, but during the time of our Agreement, you allow the Platform to modify your Customer-Supplied Content when your Users have set up rules for automatic data transformation upon distribution, or when your Users explicitly request that our Support modifies data in your Account.  

6. Limitations and Restrictions

6.1.  Content Restrictions. Customer-Supplied Content stored on our Platform, however, your Customer-Supplied Content must comply with legal requirements. Our system only hosts content that aligns with the law and our policies. Your Account shouldn’t be used by any User to publish or process any Customer-Supplied Content that:

  • 6.1.1. is unlawful or encourages people to engage in anything unlawful;
  • 6.1.2. contains a virus or any other similar programs or software which may damage the operation of MARKETPROVIDER’s or anyone else’s computer;
  • 6.1.3.  violates the rights or breaks the patent, copyright, or any other intellectual property rights of any party;
  • 6.1.4.  is abusive, illegal, or threatening. You understand and agree that MARKETPROVIDER reserves the right to edit, modify, or remove any of your content hosted on our Platform for breaking any of these standards.

6.2.  Use Restrictions. You will make sure that you or any of your Users don’t

  • 6.2.1. use the Platform or Services for any illegal purpose;
  • 6.2.2.  resell, distribute, or sublicense the Platform or Services;
  • 6.2.3.  use the Platform or Services for the benefit of anyone other than you or your Users;
  • 6.2.4. use the Platform or Services to build or research a competing product or service;
  • 6.2.5.  interfere with, impair, or disrupt the Platform or Services and related MARKETPROVIDER’s systems;
  • 6.2.6. introduce any virus or programming routine which is intended to disrupt or interrupt the use of the Platform, Services, or MARKETPROVIDER’s systems;
  • 6.2.7.  modify or create derivative works based on the Platform or Services;
  • 6.2.8.  reverse engineer or otherwise conduct research into the internal operations of the Platform;
  • 6.2.9. use the Platform in any way that goes around the features or functionality of your Subscription Plan. 

Data

7.1. Anonymous Data.

You agree that we can monitor and collect your and your Users use of the Platform. That way we can use that data and related information for the following reasons:

  • 7.1.1. to study and improve the Platform and Services,
  • 7.1.2.  to facilitate the provision of updates,
  • 7.1.3.  product support,
  • 7.1.4. and to troubleshoot and provide customer support services.

7.2.Customer-Supplied Content and Data

Customer-Supplied Content. Your Customer-Supplied Content may only be used by you, and only disclosed to others by you.

All use and disclosures of Customer-Supplied Content are subject to the terms and conditions of the Privacy Policy.

Payment

8. Fees

8.1.  Fees and Taxes. You will pay the fees determined by the Payment Terms. Fees and other charges described in any Subscription Plan do not include federal, local, foreign, or similar transaction taxes (“Taxes”). All taxes are your responsibility and will be paid by you.

8.2.  Payments. The payment process we have depends on the billing cycle you choose. You may choose to pay on a monthly or a yearly basis. If your Subscription Plan is based on a monthly payment plan, we invoice monthly and your payment is due within 15 days from that invoice. For the yearly payment plan, we invoice every 12 months, and your payment is due within 30 days of the invoice date. For any other invoice period (like 6 months or 2 years), your payment is due within 30 days. If you don’t pay your invoice within that time period, we will send you three payment notices before we suspend your Account.

8.3.  Non-Cancelable and Non-Refundable. Payments are non-cancelable and non-refundable. However, if you cancel your Paid Subscription Plan, you will still have access to the modules that you paid for until the end of the period you already paid for.

Liability

9. Indemnification

9.1.  By Customer. You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to

  • 9.1.1. your Customer-Supplied Content or Analytics Data;
  • 9.1.2.  your use of the Platform or Services;
  • 9.1.3.  your violation of any laws or regulations;
  • 9.1.4.  third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement;
  • 9.1.5.  any misrepresentations made by you;
  • 9.1.6. a breach of any representations or warranties you’ve made to us.

9.2. Procedure. We will notify you in writing within thirty (30) days of becoming aware of any indemnifiable claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim.  

10. Representations and Disclaimer

10.1.  Mutual Representations and Warranties.

Both Parties represent and warrant that:

  • 10.1.1.  the organization is a valid and existing organization that has the right to enter into this Agreement;
  • 10.1.2. each organization has gone through the necessary processes (like getting the necessary authority within the organization) to be able to enter into this Agreement;
  • 10.1.3.  the organization has the power and authority to fulfill its obligations and grant the rights stated in this Agreement.

10.2.  Customer Representations and Warranties. The Customer represents and warrants that they will comply with all laws related to receiving and using the Platform and Services.

10.3.  MARKETPROVIDER Representations and Warranties. MARKETPROVIDER represents and warrants that during the Term the Platform will work as described in the Documentation.

10.4.  Disclaimer. Our Platform and Services are provided “as is” and “as available” without any warranties or representations. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement, or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Services. Since Customers use the Services for a variety of reasons, we can’t guarantee that it will meet your specific.

10.5. MARKETPROVIDER provides access to a range of services, including those related to artificial intelligence (AI), which may assist clients with data analysis, process automation, and the generation of texts and images. However, MARKETPROVIDER assumes no responsibility for the accuracy, completeness, or timeliness of the responses generated by AI, and does not guarantee that AI requests will be fulfilled. The client uses AI services at their own risk, acknowledging that the results obtained from using AI may not meet their expectations.

11. Limitation of Liability

11.1. Within the extent permitted by law, you acknowledge and agree that

  • 11.1.1. you assume full responsibility for any loss that results from your use of the Services, including any downloads from the Site;
  • 11.1.2.  we and our team won’t be liable for any consequential, indirect, incidental punitive, special, or exemplary damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages;
  • 11.1.3.  in any calendar month, the total liability of MARKETPROVIDER and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement whether in contract, tort (including negligence), breach of statutory duty, or otherwise will be no more than what you paid us for the Services in the preceding 6 months. You won’t be able to take any action regarding this Agreement after one (1) year.

12. Confidentiality

12.1. Confidentiality is outlined as the following unless stated otherwise in the Privacy Policy:

12.1.1.  Limitations. Neither Party will use the other Party’s Confidential Information during the Term, except as stated in this Agreement or in the Privacy Policy. Each Party will trust that the other Party’s Confidential Information is protected in a manner that is no less restrictive than the manner in which they protect their own confidential materials. The confidentiality obligations in this section will survive for as long as this information meets the definition of Confidential Information.

12.1.2.  Required Disclosures. If a Party is required to disclose the other Party’s Confidential Information in the case of subpoena, court process, or other applicable law, this Party may do so only to the extent required by law. They must first notify the other Party and give the other Party a reasonable opportunity to contest the disclosure of their Confidential Information.

12.1.3.  Actions Upon Termination. When this Agreement is terminated, the disclosing Party will request that the receiving Party will either:

  • (a) return all Confidential Information of the disclosing Party provided during the Term and all copies the receiving Party has;
  • (b) destroy all Confidential Information provided during the Term and all copies the receiving Party has. However, nothing in this Agreement can require that a Party remove or delete the other Party’s Confidential Information from its long term backup storage, given that this information remains subject to the confidentiality obligations of this Agreement. Given this, we may also retain any Confidential Information that consists of Customer-Supplied Content or Analytics Data shared with or provided by the Customer or Users to other users of the Platform. We may continue to display and provide this Customer-Supplied Content or Analytics Data to these other users.

13. Term, Termination, and Plan Changes for Paid Subscription Plans

13.1.  Term. The term begins upon accepting these Terms or on the date stated in a signed Services Agreement, and will continue for the period described in the Subscription Plan (the “Initial Term”). The term will automatically renew for the same time period as the last Subscription Plan (the “Renewal Term”). Pricing for the Renewal Term will be adjusted to reflect our pricing at that current time, unless otherwise agreed upon. The Initial Term plus any Renewal Terms is referred to as the “Term.” Upon cancellation of a Paid Subscription Plan, you’ll automatically be enrolled into the Free Subscription Plan when your existing term ends.

13.2.  Termination

13.2.1.  Either Party can terminate this Agreement or any Subscription Plan:

  • (a)  with ten (10) days’ notice to the other Party if the other Party breaks any part of this Agreement or Subscription Plan (and the issue remains through the end of those ten (10) days meaning the Party hasn’t fixed the issue);
  • (b)  immediately, if the other Party declares bankruptcy or anything else related to their debts.

13.2.2. The Customer may terminate this Agreement or any Subscription Plan at any time, for any reason or no reason provided. However, the Customer is not entitled to any refund for what has already been paid.

13.2.3. MARKETPROVIDER may end this Agreement or any Subscription Plan without cause with thirty (30) days notice to Customer. If we end the Agreement or Subscription Plan without cause, no future fees will be due, and we will reimburse you for the rest of the period of the Subscription Plan that you haven’t used.

13.2.4. Termination of this Agreement ends all open Subscription Plans. The termination of a specific Subscription Plan won’t automatically terminate this Agreement or any other open Subscription Plans.

13.2.5. In the case that you end a Paid Subscription Plan, you will have the rest of that period to use the features specific to that Paid Subscription Plan. This means if you paid for that period, you will be able to use it to the end of that period, regardless of if you ended that Paid Subscription Plan for the following period.

13.3.  Plan Changes

13.3.1. You can upgrade, downgrade, or terminate your Subscription Plan at any point of time you want without cause. You will have up until the point that your Subscription Plan has been officially renewed to do so.

13.3.2. With a Free Subscription Plan, you have the option to terminate your Account or upgrade your Subscription Plan to a Paid Subscription Plan. In order to fully terminate your Account from our system, you must contact our “ Support Team.”

13.3.3. With a Paid Subscription Plan you can:

  • (a) completely terminate your Account;
  • (b) change your Paid Subscription Plan to a Free Subscription Plan;
  • (c) change your Paid Subscription Plan to a different Paid Subscription Plan with less or more functionalities.

14.  Actions Upon Termination

14.1. Once a Paid Subscription Plan has been terminated,

  • (a) we will end all Services described in the terminated Subscription Plan;
  • (b) your account will function as a Free Subscription Plan, unless you change your Subscription Plan to a different Paid Subscription Plan.

14.2.  Termination of a Subscription Plan or this Agreement does not eliminate your obligation to pay for Services you used before the termination. If your Subscription Plan is terminated before you have been able to use these Services, we will invoice you for the appropriate amount. Depending on the reason for termination, we won’t charge you for Services we did not provide. 

15. Disputes and Governing Law 

15.1. The Service and the Agreement will be governed by and construed in accordance with Republic of Cyprus law regardless of any conflicts of laws provisions.

15.2. Any dispute related to this Agreement that cannot be settled amicably between the Parties within 30 business days after one Party receives notice from the other Party must be settled at the Cyprus Arbitration and Mediation Center (“C.A.M.C”). The notice needs to include a detailed description of the dispute along with all available documentation related to the dispute. The Cyprus Arbitration and Mediation Center (“C.A.M.C”) will follow the Rules of Procedure of the Cyprus Arbitration and Mediation Center (“C.A.M.C”) that are in place at the time that the arbitration proceedings begin.

15.3. There will be a total of three arbitrators. Each Party will appoint one arbitrator. These arbitrators must be appointed within 30 business days of submitting an application for arbitration or of receiving notice of arbitration. The third arbitrator (who will act as chairman of the arbitral tribunal) will be nominated by agreement between the two Parties within 15 business days of the second arbitrator’s nomination. If a Party fails to appoint an arbitrator, or the two Parties fail to jointly agree on and appoint the third arbitrator acting as chairman, within the deadlines Cyprus Arbitration and Mediation Center (“C.A.M.C”) will choose an arbitrator for that Party and/or the third arbitrator acting as the chairman.

15.4. The arbitration proceedings will take place in Nicosia, and the language of the proceedings will be English.

15.5. Information related to the arbitration proceedings, including information on any decision or arbitration award, will be considered as Confidential Information, and may not be disclosed by a Party. General Information

16. Miscellaneous

16.1. Publicity. Unless otherwise agreed upon, you grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided to us.

16.2.  Sever-ability. The Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted as best as possible to accomplish the goals of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect.

16.3.  No Waiver. Our failure to enforce any right or provision in this Agreement or any Subscription Plan will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

16.4.  Force Majeure. Neither Party will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

16.5.  Assignment. You may not assign any of your rights under the Agreement to anyone else (with the exception of your affiliates). We may assign the Agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion.

16.6.  Entire Agreement. This Agreement, together with any applicable Subscription Plans, makes up the entire agreement between the Customer and MARKETPROVIDER. No amendment to or modification of this Agreement will be binding unless in writing and signed by an authorized representative of each Party. 

Service Levels

1. Service Levels. We will make all necessary efforts to ensure that the Platform has no less than 99.5% Uptime. “Uptime” means the time that the Platform is operational and available to communicate with the internet in our server location. Any exceptions to this are outlined in the section below.

2. Remedy. If the Uptime level isn’t provided during any month of the Term, the Customer’s sole remedy is to receive a credit as stated below. Credits may only be used towards future invoices from MARKETPROVIDER. The Customer won’t receive a cash refund of any kind, even if the Agreement ends before the use of all of the Customer’s credits. 99.5%-99.0% - Credit equal to 2% of fees due in the month during which such failure occurs. 99.0%-98.5% - Credit equal to 3% of fees due in the month during which such failure occurs. 98.5%-98.0% - Credit equal to 4% of fees due in the month during which such failure occurs. 98.0%-97.5% - Credit equal to 5% of fees due in the month during which such failure occurs. Below 97% - Credit equal to 6% of fees due in the month during which such failure occurs.

3. Exceptions. This credit does not apply to the Uptime failure due to:

  • 3.1. scheduled maintenance or downtime;
  • 3.2.  any modifications of the Platform made by anyone other than MARKETPROVIDER;
  • 3.3.  any violation of the Agreement by the Customer or their Users;
  • 3.4. any unavailability that cannot be reasonably recreated by MARKETPROVIDER;
  • 3.5.  the Customer’s failure to comply with the Platform’s Documentation;
  • 3.6.  any third party software;
  • 3.7. failures due to (a) force majeure events; and/or (b) the Customer’s or their Users  inability to access the Platform due to problems with their own technology or equipment, including internet connection.

Support Services

1. Support services consist of:

  • 1.1.  Personal Technical Support;
  • 1.2. Online Technical Support.

2. Personal Technical Support.

Personal Technical Support. "Customer Managers" for Paid Subscription Plan “Premium” are available during the support hours. Customer Managers are available by contacting their direct email account. We will assign a Customer Success Manager to serve as your point of contact. The Customer Success Manager will be available to answer your questions and give advice on how to get the most value from our Platform. Contacts, that have permission from the Customer, may contact the Customer Success Manager via email and phone during our Support Hours.

3. Online Technical Support.

To access the online technical support, please reach out to [email protected] or through the contact form in the “Support” section of the Platform. All Errors can be reported to us by emailing [email protected] or through the contact form in the “Support” section of the Platform. We will make all necessary efforts to correct any Error reported by Customer. The Error will be assigned a priority level. We will respond to each priority level Error as described in the section below.

Priority 1 Errors – We will

  • 1) provide an Initial Response within two (2) business hours;
  • 2) initiate Management Escalation immediately;
  • 3) provide the Customer with a Status Update within two (2) business hours if we can’t resolve the Error.

Priority 2 Errors – We will

  • 1) provide an Initial Response within four (4) business hours;
  • 2) initiate Management Escalation within twelve (12) business hours;
  • 3)  provide the Customer with a Status Update within twenty-four (24) business hours if we can’t resolve the Error.

Priority 3 Errors – We will

  • 1) provide an Initial Response within one (1) business day;
  • 2)  initiate Management Escalation within three (3) business days;
  • 3)  provide the Customer with a Status Update within three (3) business days if we can’t resolve the Error.

If we believe that a problem reported by the Customer isn’t due to an Error in the Platform, we will notify the Customer. At that time, the Customer can

  • (a) instruct us to continue with investigating the problem at the Customer’s expense as stated below;
  • (b)  instruct us that the Customer doesn’t want the problem investigated at their expense.

 

If the Customer requests that we continue investigating the problem at their expense, and we determine that the problem was not due to an Error, the Customer will pay us. They will be charged our standard consulting rates for all work performed in connection with the investigation.

The Customer isn’t liable for

  • (a) investigating or repairing the problem that comes from Errors in the Platform;
  • (b) work performed after Customer has notified us that they no longer want to continue investigating the problem (this notice becomes active when MARKETPROVIDER actually receives it).

If the Customer instructs us that they don’t want the problem to be investigated because of the expense or effort needed from the Customer’s end, we will not be held liable if we decide not to investigate the error. If the Customer requests that we continue to investigate the problem at the Customer’s expense, and we determine that the problem was due to an Error, then we will be responsible for the cost of any of that work.

4.Exclusions.

4.1. We have no obligation to support or provide maintenance in the case of:

  • 4.1.1. Altered or damaged software by a party other than MARKETPROVIDER;
  • 4.1.2. Problems with the Platform caused by the Customer’s negligence, abuse, or unauthorized use of Platform (other than as specified in the Documentation);
  • 4.1.3. Other causes outside of our control. We will not be liable for any changes in the Customer’s hardware or software systems that may be necessary to use the Platform due to a Fix, Workaround, or maintenance.

5.Definitions.

“Error” means a Priority 1 Error, Priority 2 Error, and Priority 3 Error.

“Fix” means updates, modifications, alterations, or corrections made to the Platform with the intent to resolve an Error.

“Initial Response” means the first contact by a MARKETPROVIDERsupport representative after the incident has been logged and a ticket generated.

“Management Escalation” means, if the initial Workaround or Fix does not resolve the Error, MARKETPROVIDER’s management will be notified that the Error has been reported and steps are being taken to correct this Error.

“Priority 1 Error” means an Error that makes the Platform completely inoperative. For example the Customer or their Users cannot access the Service due to unplanned service downtime.

"Priority 2 Error” means the Customer or their Users can access the Platform, however, one or more significant features are unavailable.

“Priority 3 Error” means any other error that does not prevent the Customer or their Users from accessing a significant feature of the Platform.

“Status Update” means if the initial Workaround or Fix cannot resolve the Error, notification of the Customer regarding the progress of the Workaround or Fix.

“Support Hours” are from 10am to 19am CET (Central European Time) Monday through Friday.

“Upgrades” means, other than routine Fixes and updates, additional software added to the Platform that provides new functionalities or modules.

“Workaround” means a change in the procedures followed or data supplied by the Customer to avoid an Error without substantially impairing the Customer’s use of the Platform.