Service Level Agreement

  1. Exclusions. Provider shall have no liability for lack of availability due to:

    • 1. outages caused by the failure of public network or communications components,
    • 2. user errors, or
    • 3. unauthorized use or misuse by Customer or anyone using any of the Customer passwords, unless Customer has not taken industry standard steps to protect the Services from unauthorized access, intrusion, and disruption.

  2. Customer Reporting. Customer shall report any unscheduled system downtime and any error, bug, or defect in the Services to the maintenance email support@waytohealth.org promptly upon becoming aware or receiving notice of such system downtime, error, bug, or defect.

  3. Service Level Commitment. The minimum service level and uptime, shall be as described below:

    • Email support. Provider shall provide Customer email support, which shall be available Monday through Friday, 9:00 a.m. To 5:00 p.m. Eastern time, excluding holidays.
    • Service availability. Provider will use commercially reasonable efforts to maintain the availability of the Platform Services to Customer as follows:
      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.
  4. 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.
    Customer shall not exercise the rights in this Section 4 without a reasonable basis or belief that the applicable Service Availability commitment was not satisfied. If Customer believes that Provider has failed to achieve an Uptime commitment in any given month, Provider shall, promptly following Customer’s request, promptly provide a report that contains true and correct information detailing Provider’s actual Service Availability performance. THIS SECTION 4 SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND PROVIDER’S ENTIRE LIABILITY, SOLELY FOR ANY FAILURE TO MEET THE SERVICE AVAILABILITY COMMITMENT.

  5. Disaster recovery. Provider will use commercially reasonable efforts to maintain the availability of service in the event of an unplanned outage

  6. ERROR CORRECTIONS AND UPDATES.

    • a. Definitions.
      • i. “Error” means a failure of the Services, including without limitation a failure to conform to the documentation, resulting in the inability to use, or material restriction in the use of, the Services.
      • ii. “Update” means either a Service modification or addition that, when made or added to the Service, corrects the Error, or a procedure or routine that, when observed in the regular operation of the Product, eliminates the practical adverse effect of the Error.
    • b. Updates. Provider makes commercially reasonable efforts to provide an Update designed to solve or by-pass a reported Error. Provider shall reasonably determine the priority level of Errors, pursuant to the following protocols and take the following actions during the Customer’s Support Center Hours.
    • c. Errors.
      • i. Severity 1 Errors: Provider shall promptly initiate the following procedures: (1) assigns specialists to correct the Error on an expedited basis; (2) provides ongoing communication on the status of an Update; and (3) begins to provide a temporary workaround or fix. A Severity One Error means the (i) production system is severely impacted or completely shut down, or (ii) system operations or mission-critical Services are down.
      • ii. Severity 2 Errors: Provider shall assign a Provider specialist to begin an Update, and provides additional, escalated procedures as reasonably determined necessary by Provider Support Services staff. Provider exercises commercially reasonable efforts to provide a workaround or include a fix for the Severity 2 Errors in the next update or release. A Severity Two Error means (i) the production system is functioning with limited capabilities, or (ii) is unstable with periodic interruptions, or (iii) mission critical Services, while not being affected, has experienced system interruptions.
      • iii. Severity 3 Errors: Provider may include an Update in the next release. A Severity Three Error means there (i) are errors in fully operational production systems, (ii) is a need to clarify procedures or information in documentation, or (iii) is a request for a product enhancement.
    • d. Response Times. Provider will respond to Customer reports of a problem based on the severity. Upon receipt of a request for support or report of a problem, Provider will respond to Customer with an assigned level of priority based on the response times shown in the following table.
      Priority Examples Initial Response Time Resolution or mitigation Within
      Blocker.
      - 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
      Critical
      - 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
      Standard
      - 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
      - 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
  7. 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.

  8. 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.