Valiantys Legal Information

Managed Services Use Policies

Total Care Fair Use Policy

  1. Scope

This Total Care Fair Use Policy (“the Policy”) applies to the following Valiantys Services:

 

  1. Definitions

For the purposes of this Policy, all capitalized terms shall have the meanings ascribed to them in any document incorporating this Policy, including but not limited to a Statement of Work (SOW), Master Services Agreement (MSA), or other governing documents. Other capitalized terms used in this policy shall have the meanings set forth below:

 

  1. Overview

To ensure Valiantys provides exceptional service to all Clients, the Total Care managed service follows this Policy, designed to provide flexibility in service usage from month to month. While Clients pay a fixed monthly fee (or annually upfront), their actual support needs may fluctuate.

Summary of Policy: This section provides an overview of the key principles of this Policy:

 

  1. Total Care Fair Use Urgency Levels

Valiantys recognizes the following urgency levels to prioritize work effectively:

By categorizing requests appropriately in the ticket portal, Clients can ensure their most pressing issues receive priority while still allowing other service needs to be addressed efficiently.

 

  1. Total Care Fair Use Monthly Reserved Hours

Each Total Care plan includes a predefined number of Reserved Hours per month. Valiantys remains committed to maintaining any Service Level response times. However, if a Client approaches their monthly Reserved Hours limit, Normal Urgency and Low Urgency issues may be scheduled for the following month to balance overall service demand.

Example:

A Client subscribed to 30 monthly Reserved Hours submits a 20-hour Normal Urgency request in the last week of the month but has only 10 Reserved Hours remaining for that month. Valiantys may schedule part of the work immediately and defer the remaining work to the next month.

 

  1. Total Care Fair Use Service Limit

Each plan includes a monthly Service Limit, allowing Clients to continue receiving support for Critical Urgency and High Urgency issues after exceeding their monthly Reserved Hours, without immediate overage charges.

Example:

A Client reaches their monthly Reserved Hours halfway through the month but encounters multiple Critical Urgency issues impacting core business operations. Valiantys will continue to provide support up to the monthly Service Limit without additional fees.

 

  1. Total Care Fair Use Burst Capacity (Temporary Increase in Reserved Hours)

To provide additional flexibility, Valiantys may temporarily increase a Client’s monthly Reserved Hours when needed based on the previous three months’ usage. The following examples outline standard service level objectives for Burst Capacity; however, individual months may vary based on total average customer consumption.

Example Calculation 1: Rolling Over Unused Hours

Valiantys rolls over unused hours from the previous month up to 50% of the plan’s included monthly Reserved Hours.

Example: A Client subscribed to 10 monthly Reserved Hours only uses 4 hours in the previous month. Valiantys increases the current month’s consumable hours to 15 hours (10 plus 5 rolled over).

Example Calculation 2: Doubling the Monthly Service Limit

Valiantys doubles the monthly Service Limit during the current month when average usage over the previous three months is less than 60% of the plan’s included monthly Reserved Hours.

Example: A Client subscribed to 20 monthly Reserved Hours has used 4 hours, 4 hours, and 25 hours in the three previous months. Their three-month average (11 hours) falls below 60% of their plan’s monthly limit (20 hours). Based on availability, Valiantys increases the current month’s consumable hours to 40 hours to accommodate additional needs.

 

  1. Total Care Fair Use Service Limits & Allowances

The following table outlines Reserved Hours, monthly Service Limits, and the Capped Weekly Service allocation for Clients who exceed their Service Limit.

Once the monthly Service Limit is reached, service will be capped at the Capped Weekly Service limit to prevent excessive usage from any single Client but to continue providing limited Critical Urgency and High Urgency support.

Example:

A Client subscribed to 40 monthly Reserved Hours has consumed 50 hours by the end of the third week due to abnormally high Critical Urgency business needs. The fourth week, an additional 5 hours will be available for Critical Urgency and High Urgency issues but will be spread out over the week.

 

  1. Total Care Fair Use Upgrading Service Limits

Valiantys prioritizes fairness and sustainability to ensure that all Clients receive the support they need. While we offer flexibility, Clients who require higher or unrestricted Service Limits are encouraged to upgrade their plan at any time.

 

  1. Policy Adjustments and Termination Rights

Valiantys reserves the right to modify this Policy at its sole discretion. Any modifications will become effective:

If the Client objects to a modification, they must notify Valiantys in writing within the thirty (30) day notice period. The Client may terminate the applicable document incorporating this Policy, except that Valiantys, at its sole discretion, may instead apply the prior version of this Policy for the remainder of that document’s Term, thereby maintaining its existing conditions.

Last updated: April 1, 2025