This Support and Service Level Schedule (“SLA”) describes the support and service levels that apply to the Subscription Service.
DEFINITIONS
“Office Hours” means 09:00AM – 5:00PM ET, excluding weekends and US federal
holidays.
“Platform” means the technical infrastructure Company has in place to provide the
Subscription Service for Customer.
“Platform Availability” means the percentage of time the Platform is available, per
calendar month, excluding downtime for maintenance, as calculated by the Central Monitoring
System.
“Platform Response Time” means the time between sending an http(s) request to the
Platform front-end server and the reception of the first byte of the response. As a reference a
representative webpage is measured that uses the same component as other production pages and is created
during installation setup by Company.
“Central Monitoring System” means the equipment used by Company to measure and
calculate the different Key Performance Indicators (“KPI(s)”) describing the overall quality of service.
To guarantee objective statistics, Company’s Central Monitoring System operates with a redundant
backup:
The Central Monitoring System scans the individual installations for availability and response
time. The scans are initiated from Company’s Central Monitoring System and, as such, are
independent of the Platform’s operational environment.
The Central Monitoring System will alert Company’s support team in case of any observed
failures.
“Documentation” means the written information provided by Company describing operation
and use of the Service(s), by any means of delivery, along with any other information provided to
Company’s customers generally, and all such items as updated from time-to-time.
“Scheduled Maintenance” means any planned maintenance on the Platform and its Servers.
Note: Scheduled Maintenance may not necessarily result in any Platform downtime.
“Support Service(s)” means help-desk and technical support services which are consumed
on an ad-hoc basis.
Recovery Point Objective (“RPO”) means the acceptable amount of data
loss measured in time after a critical failure.
Recovery Time Objective (“RTO”) means the duration of time and a
service level within which a business process must be restored after a disruption.
“Response Time” is the time between the time of activation of a support ticket by the
Customer, following the process described below, and the first response by Company’s Support Team.
Response Time is calculated on a per ticket basis.
CUSTOMER UNDERTAKINGS
Customer is aware that:
This SLA applies solely to Company’s Services that are part of a current Order Term. Company is
not responsible for the configuration or correction of any third-party software or service, or
for any internet connectivity or communications equipment outside of its control. Company will
not be obliged to provide Support Services if required as a result of (a) unauthorized use or
negligent misuse on the part of the Customer; (b) modification of the Services by the Customer
or a third-party other than Company without Company’s prior written consent; or (c) a breach of
the Agreement.
Company reserves the right to choose, assign or reassign its personnel to the Customer for the
purposes of support and to partly or fully subcontract the services to third-party qualified
personnel. The persons providing services on behalf of Company will remain free to provide
similar services to those covered by the Agreement to third-parties.
EXCLUSIONS
This SLA only applies to production platforms; and will not apply to any pre-production platforms, OEM
products, or any modules governed by specific terms.
This SLA shall not be applicable when service levels are not met due to:
factors outside Company’s reasonable control (e.g., a Force Majeure event);
malfunctions attributable to an inappropriate connection to the Service(s);
inappropriate use of the Service(s) (i.e., usage not in line with the Documentation and/or the
terms and conditions of the Agreement);
a Denial of Service (DDOS) attack;
Customer’s explicit actions intended to create downtime (i.e., during audit in accordance with
Section 4 below);
any other factor listed in the Agreement.
ESCALATION PROCEDURES
Any matter that cannot be resolved through the Customer’s use of the Company’s support ticketing system,
as described herein, shall be escalated via email to the Company Support Manager. Any matter that cannot
be resolved by the Company Support Manager, will be escalated via e-mail to the Company Support
Director.
SERVICE LEVEL FOR SUBSCRIPTION SERVICES
This section describes key indicators that are used to measure the quality of the Subscription Services.
Indicators are calculated per instance.
The Central Monitoring System will request a representative webpage (to be configured at initial
configuration) periodically, but not less than once per calendar day, and store the results in order to
calculate the indicators described below:
To verify that the Service is available, and that the Platform is operating correctly, the Central Monitoring
System will test the retrieval of a scripted page. The test will fail if the page contains errors (HTTP status
different from 200) and/or if the Platform Response Time is above 2000ms. In cases where two or more consecutive
tests fail, service downtime will be registered as the number of minutes between the first recorded downtime and
the first recorded uptime. The Platform Availability is measured every 60 seconds by the Central Monitoring
System.
The “Platform Availability Objective” is as follows: 99.5% or a maximum accumulated
downtime of 220 minutes per month, excluding Maintenance.
The following “Credit Note %” shall apply in case the Platform Availability Objective is not
reached for a given calendar month:
Platform Availability
Credit Note % on the monthly Subscription Fees due for the Subscription Services to which Customer has subscribed and for which the Platform Availability Objective was not reached, for the given calendar month.
< 99.4%
10%
< 99.2%
20%
< 99.0%
30%
All claims must be submitted by e-mail to [email protected] not more than fourteen (14) calendar days after
the end of the month during which the Platform Availability falls below the Platform Availability Objective.
Company will acknowledge receipt of all claims within two (2) business days. Company will inform Customer not
more than ten (10) business days following receipt of the claim whether the appropriate credit note will be
issued, or that the claim is rejected, specifying the basis for such rejection. The credit note will be deducted
from the Customer’s invoice relating to the concerned Subscription Services to be issued during the next billing
period.
The Average Platform Response Time is the monthly average Platform Response Time, excluding any Platform
downtime, expressed in milliseconds, as calculated by the Central Monitoring System every sixty (60) seconds.
The Average Platform Response Time Objective is 500ms.
Maintenance & Upgrades
Scheduled maintenance is required to ensure Platform Availability and performance. Company may
perform scheduled maintenance in the form of Small Maintenance, Heavy Maintenance, Urgent Maintenance,
or Upgrades in accordance with the following:
Small Maintenance interventions are organized to perform tasks that have a very limited impact
on the Subscription Services. The maximum cumulated downtime is fifteen (15) minutes per
maintenance window. The interventions are executed between 12:01am and 7:59am ET and occur no
more than twice a month. If applicable, a short notification will be sent at least twenty-four
(24) hours in advance, for information purposes. Typical examples are windows maintenance
updates or nightly system restarts.
Company reserves Heavy Maintenance windows to deploy structural upgrades on Platform components.
The maximum cumulated downtime is between fifteen (15) minutes and four (4) hours per
maintenance window. The exact timing, duration and potential impact on operations are
communicated with reasonable advance notice, at least one week prior to the intervention. Heavy
Maintenance windows are scheduled between 12:01am and 7:59am ET unless the nature of the
intervention requests otherwise.
On rare occasions, Company may need to initiate an intervention (i.e., Urgent Maintenance)
without prior notice. In such a situation, Customer will be informed on the status and expected
duration of the operation as soon as possible. These interventions are exceptional and
should not occur more than four (4) times a year.
Upgrades are periodic updates to the various components of the Subscription Services, including,
but not limited to regular feature updates, minor bug fixes, patches, and/or major
updates. Upgrades will occur periodically, as needed, throughout the Order Term on a
component-by-component basis. Upgrades are expected to have a very limited, if any, impact on
the Subscription Services, and any downtime experienced as a result of an Upgrade is
specifically excluded from the Platform Availability Objective calculation. Major updates
will be announced from the Platform login page.
BACKUP PROCEDURES
To protect against a catastrophic failure in Company’s primary data center, encrypted backups are
transferred to a remote off-site repository. The overall backup includes the database backup and the
backup of app/web server files. Different schedules apply as the database changes more frequently than
the files on disk.
The full database backup is created every five (5) days; transaction log backups are executed every
fifteen (15) minutes. The retention is setup to allow for data recovery up to the past fourteen (14)
calendar days. Backups are retained for two (2) weeks on-site and off-site.
RPO: Thirty (30) minutes, RTO depends on database size, between three (3) and five (5) hours.
Servers are backed up nightly. Backups are retained for fourteen (14) calendar days and are transferred
to an off-site repository.
RPO: max twenty-four (24) hours; RTO: forty-eight (48) hours.
SUPPORT REQUESTS
All “Support Requests” for the Support Team should be created using the “create ticket”
function on the support portal (https://support.selligent.com). Customers will receive credentials
enabling them to log on to the customer support portal throughout the duration of the Order Term.
The support system can be used to report two (2) types of Support Requests:
A Defect Report, which is a defect of existing functionality of the Services, decreased
performance or availability issues; or
A Change Request, which is a request to change the Services configuration.
Company’s on-line help and e-Learning platforms are available for informational requests, and function
questions on how to use the Subscription Services. However, information and assistance request,
questions on how to use the Services, best practices, general information can be addressed to Company as
provided for in the Order Form.
The support system supports four (4) levels of priority. The priority level is initially assigned by the
Customer but can be re-evaluated by Company based on the content or the urgency of a request. The
delivery of a temporary solution might decrease the priority level of a ticket. The four (4) levels of
priority are:
“Business Critical”: A situation is causing significant damage or will do so in
the very near future. The request needs utmost priority (product is inoperable, not functioning,
data inconsistency).
“High”: A situation is important and needs to be handled with priority
(business outage or significant impact threatening future productivity. Very difficult to work
around, system somewhat usable).
“Normal”: Basic Support Request, handled with normal priority (production
proceeding but impaired. Workarounds available).
“Low”: Support Requests that are not time critical and can be handled with a
lower priority (no production impact, request for product or feature enhancement).
The table below gives an overview of the type of Support Requests and the accepted priorities:
Report Type
Business Critical
High
Normal
Low
Defect Report
Y
Y
Y
Y
Change Request
N
Y
Y
Y
Note: Business Critical and High priority requests are only available for Support Requests related to production platforms.
SUPPORT CHANNELS / AVAILABILITY / ACTIVATION
The support portal is available 24/7/365, including weekends and holidays. During Office Hours the
Support Team monitors the support portal as Support Requests are entered into the portal. The support
hotline can be reached at either +1-917-830-8262 or +32-11-82-20-45, and is available 24/7/365,
including all weekends and holidays.
Outside of Office Hours, for Business Critical and High priority tickets, Customers may utilize
the support hotline to activate the Response Time for such tickets.
Response Times for all Normal and Low priority tickets introduced outside of Office Hours, and
for any Business Critical and High priority tickets that are not activated using the hotline,
shall begin on the next business day in the United States.
SERVICE LEVELS FOR SUPPORT
Tickets may be activated by Customer using the support portal during Office Hours or through the use of
the support hotline outside of Office Hours (Support hotline for Business Critical and High priority
tickets only).
The table below gives the Response Time for the different ticket priorities:
Priority Level
Response Time
Business Critical
1 hour
High
2 hours
Normal
1 day
Low
3 days
When a Support Request is submitted, the Support Team will use commercially reasonable efforts to
provide the first
response within timeframe mentioned above. Company will use commercially reasonable efforts to diagnose
the problem
and provide a remedy that could take the form of eliminating the defect, providing updates, or
demonstrating how to
avoid the effects of the defect with the Customer using a commercially reasonable level of effort.
Despite
Company’s exercise of commercially reasonable efforts, not all problems may be solvable. If the
Support
Request cannot be solved within a commercially reasonable timeframe, Company’s Support Team will
initiate internal
escalations for Business Critical and High priority Support Requests and will prioritize the repair of
product
defects encountered. The Customer will be kept informed of the evolution via the support portal.
Customer’s
designated technical resource must be available to collaborate with Company Support Team during the
resolution
process.
