Defines our commitment to service availability specifically around quality, availability and responsibilities.
Exclusions. Provider shall have no liability for lack of availability due to:
Customer Reporting. Customer shall report any unscheduled system downtime and any error, bug, or defect in the Services to the maintenance email email@example.com promptly upon becoming aware or receiving notice of such system downtime, error, bug, or defect.
Service Level Commitment. The minimum service level and uptime, shall be as described below:
|Service Category||Availability/Response Time|
|Monthly Availability||99.5% monthly.
The availability percentage does not include interruptions due to Scheduled Downtime or Force Majeure.
|Scheduled Downtime||7:00 pm – 8:00 pm Eastern Time weekly on Mondays, or as Provider otherwise notifies Customer no less than twenty-four (24) hours in advance.|
|Unplanned Outages (other than for system emergency)||Maximum 80 minutes over a reference period of 1 month, excluding Force Majeure.|
|Unplanned Outages for system emergency||Maximum 2 hours over a reference period of 1 month, excluding Force Majeure. Provider will promptly notify Customer of any Unplanned Outage (whether or not for system emergency), including a description of the Unplanned Outage and the expected or estimated time until normal operations will resume.|
|Frequency of back-ups||Seven (7) days of rolling daily backups.|
Sole Remedies for Failure to Meet the Service Availability Level Commitment. For each calendar month in which Provider has Uptime of:
|Monthly Uptime Condition||Remedy|
|Less than 99.5% but above 95%||Provider shall upon Customer’s request made within thirty (30) days of the end of the calendar month, provide Customer with a written plan for improving Provider’s Service Availability to attain the 99.5% Service Availability and Provider shall promptly implement such plan;|
|Between 95% and 90%||Provider shall, upon Customer’s request made within thirty (30) days of the end of that calendar month, provide Customer with a service credit in an amount equal to one half of one month of service and the action plan under subpart (i) above; or|
|Less than 90%||Provider shall, upon Customer’s request made within thirty (30) days of the end of that calendar month, provide Customer with a service credit in an amount equal to one month of service and the action plan under subpart (i) above.|
Disaster recovery. Provider will use commercially reasonable efforts to maintain the availability of service in the event of an unplanned outage
ERROR CORRECTIONS AND UPDATES.
|Priority||Examples||Initial Response Time||Resolution or mitigation Within|
- A major issue preventing users or participants from interacting with the platform, such as a system outage.
- A major system malfunction resulting in the loss of key functionality.
- There are functional limitations that are critical to the daily operation of the study/project.
- Production system is down.
- A business critical operation cannot be performed
- The platform sending incorrect feedback to a participant
|< 4 business hours||1 business day|
- An issue that disrupts normal workflows or could result in an impending failure of the system. There are functional limitations that are critical to the daily operation of the study/project.
- Production system functioning with limited capabilities
- System unstable with periodic interruptions
|1 business day||2 business days|
- Priority three situations include problems to be resolved as soon as possible.
- Most of these have acceptable workarounds, or the Product recovers by itself
- Errors in production systems but still fully functional
- Malfunction in non-critical functions
|2 business days||5-7 business days
unless scheduled for a future development iteration
- Minor loss of application functionality or performance.
- There are minor functional limitations that are nonessential to the daily operation of the study/project.
- Minor issues are technical questions or problems requiring resolution - many of which are of “how to” nature
- Need clarification of procedures or information in documentation
- Attributes or options do not operate as stated
- Product enhancement requests
- Documentation is incorrect
|3 business days||N/A|
Conditions for providing support. Provider’s obligation to provide support services is conditioned upon the following: (a) Customer makes reasonable efforts to solve the problem after consulting with Provider; and (b) Customer provides Provider with reasonably sufficient information and resources to correct the problem, as well as reasonable access to the personnel, hardware, and any additional systems involved in discovering the problem.
Exclusions from Provider’s support services. Provider is not obligated to provide support services in the following situations: (a). The problem is caused by Customer’s negligence, hardware malfunction or other causes beyond the reasonable control of Provider; (b). The problem is with third party software not made available through or used by Provider; ©. The problem is with individual user’s desktop or browser software; or (d) Customer has not paid services fees under the Agreement when due.