SERVICE LEVEL AGREEMENT
Throughout the period during which Company is providing the NOW Platform and the components of it, Company shall ensure:
- 99.5% Availability over any calendar month. Should the Company fail to achieve 99.5% availability over a calendar month, Client shall have the right to receive a service credit (“Service Credit”) against the next month’s invoice (the “Next Invoice”) of 500% of the downtime, i.e. for every hour of downtime, Client shall have the right to receive 5 hours of credit. Under no circumstances shall the Service Credit exceed the amount of the Next Invoice.
- To receive a Service Credit, Client must submit a request by sending an email to email@example.com. The request must include the dates and times of each unavailability (“Unavailability”) that Client claims to have experienced and be received by the Company within three (3) business days of the last reported Unavailability.
B. SUPPORT AND MAINTENANCE SERVICES
Company shall provide the following maintenance and support services (collectively, “Support Services”) at no additional cost or charge:
- Support Service Responsibilities. Company shall:
a. Correct all Service Errors in accordance with the Support Service Level Requirements, including by providing defect repair, programming corrections and remedial programming;
b. Provide unlimited IVR-based support 24 hours a day, 7 days a week for Critical Service Errors (“Critical Service Error Support System”) to designated senior staff of the Client (“Designated Client Staff”);
c. During the hours of 8:30 a.m. to 5:30 p.m. (U.S. Central Time Zone) on business days provide email ticket support to Designated Client Staff;
d. Provide online access to technical support bulletins and other user support information and forums, to the full extent Company makes such resources available to its other customers; and
e. Respond to and Resolve Support Requests as specified herein.
2. Service Monitoring and Management. Company shall continuously monitor and manage the NOW Platform and the components of it to optimize Availability that meets or exceeds the Availability Requirement. Such monitoring and management shall include:
a. Monitoring. Proactively monitoring on a 24 hour by seven-day basis all functions of the NOW Platform and the components of it, servers, firewall and other components of NOW Platform security. If such monitoring identifies, or Company otherwise becomes aware of, any circumstance that is reasonably likely to threaten the Availability of the NOW Platform and the components of it, taking all necessary and reasonable remedial measures to promptly eliminate such threat and ensure full Availability. If Company receives knowledge that the NOW Platform and the components of it or any NOW Platform function or component is not Available (including by written notice from Client pursuant to the procedures set forth herein):
(i) Confirming (or disconfirming) the outage by a direct check of the associated facility or facilities;
(ii) If Company’s facility check in accordance with clause (i) above confirms a NOW Platform outage in whole or in part: (A) notifying Client in writing pursuant to the procedures set forth herein that an outage has occurred, providing such details as may be available, including a Company trouble ticket number, if appropriate, and time of outage; and (B) working all problems causing and caused by the outage until they are Resolved as Critical Service Errors in accordance with the Support Request Classification set forth below in Section B.2(c), or, if determined to be an internet provider problem, open a trouble ticket with the internet provider; and
(iii) Notifying Client that Company has fully corrected the outage and any related problems, along with any pertinent findings or action taken to close the trouble ticket.
b. Service Maintenance. Provider shall continuously maintain the NOW Platform and the components of it to optimize Availability that meets or exceeds the Availability Requirement. Such maintenance services shall include providing to Client and its Client Users:
(i) All updates, bug fixes, enhancements, new releases, new versions and other improvements to the NOW Platform and the components of it that Company provides at no additional charge to its other similarly situated customers; and
(ii) All such services and repairs as are required to maintain the NOW Platform and the components of it or are ancillary, necessary or otherwise related to Client’s or its Client Users’ access to or use of the NOW Platform and the components of it, so that the NOW Platform and the components of it operate properly in accordance with this Agreement and any other specifications.
c. Company shall correct all Service Errors and respond to and Resolve all Support Requests in accordance with the category of the Service Error as determined by the Company as follows:
a. Category 1 (Low) – The incident has little or no impact on the daily use of the function or module. It is usually a cosmetic problem, or the nuisance factor is very low. The incident will be entered and tracked in a Support Ticket and addressed depending upon the severity of the item.
b. Category 2 (Medium) – A function or module is usable, and operations are not severely restricted. The nuisance factor is not real high or there is a simple work around. The incident will be entered and tracked in a Support Ticket and resources engaged within seven (7) days.
c. Category 3 (High) – A function or module is usable, but operations are severely restricted. The incident will be entered and tracked in a Support Ticket and resources engaged within two (2) business days.
d. Category 4 (Critical) – The entire system or critical component is unusable. The incident will be responded to within two (2) hours of notification of the Company by the Client via the Critical Service Error Support System. Client will receive periodic updates until resolution is achieved or a temporary work around is put in place.