SERVICE LEVELS
1. Service Levels
a. Hours of Operation; Response Time. Client support calls can be logged to Host’s appropriate call center on business days during the call center's normal hours. Host will use reasonable efforts to respond to a service call promptly after the call is logged by a Host call center representative. Host shall acknowledge all incidents within 8 business hours.
b. Maintenance. Host shall provide scheduled maintenance (“Scheduled Maintenance”) for the purpose of general maintenance and upkeep of the system, including, without limitation, general adjustments to the system, the installation of bug fixes and patches, and the implementation of updates, upgrades, revisions and new versions Host, Client, and other third-party software and hardware. Host shall also provide remedial maintenance (“Remedial Maintenance”), including responding to problems encountered by Client and End Users which problems are reported to Host by Client-designated personnel or agents. Host reserves the right to conduct maintenance as necessary. Maintenance is appropriate, and Scheduled Maintenance and Remedial Maintenance shall each be conducted whenever practicable.
c. System Availability.
(i) "System Availability" means the ratio of minutes that the Host Services are available (excluding Scheduled Maintenance) in any calendar month period to the total number of minutes in that one (1) month period. Problems or outages caused by systems or providers outside of Host's control – such as, but not limited to, Internet Service Providers (ISPs), the Internet network backbone, telecommunications network, domain name service providers, or the Client data center – shall not be included in the calculation of System Availability.1
(ii) If Host fails to meet the System Availability standards set forth in Section (c)(iii) below during any given calendar month period, then Host will, upon notification by Client and verification by Host, apply the percentage credits set forth in Section (c)(iii) below, based on the Hosting Service Fees accrued and paid by Client during the calendar month period in which the credit arose. Host shall apply such credits against Client’s invoice for the month following the period in which the credit arose.
(iii) System Availability Standards during calendar month period.
(1) System Availability ≥ 99.95%: no Client credit.
(2) System Availability ≥ 99.5% and < 99.95%: Client credit of 10% of the Hosting Services Fees accrued and paid by Client during the one (1) calendar month period in which the credit arose applied to the next month’s invoice as provided above.
(3) System Availability ≥ 98% and < 99.5%: Client credit of 50% of the Hosting Services Fees accrued and paid by Client during the one (1) calendar month period in which the credit arose applied to the next month’s invoice as provided above.
(4) System Availability < 97.99%: Client credit of 100% of the Hosting Services Fees accrued and paid by Client during the one (1) calendar month period in which the credit arose applied to the next month’s invoice as provided above.
2. Corrective Procedures
Category | Definition | Target Action |
1-Critical | End User access and use or production use of the System is not possible and no method of manually working around the error exists. Client requires resolution urgently due to financial, legal or public risk exposure or potential for End User significant dissatisfaction. | Initial response within 30 business minutes of Host becoming aware of the problem.
Appropriate resource(s) assigned immediately thereafter and remaining assigned until resolution.
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2-Severe | End User access and use and production use of the Host System is possible, but a business function is unavailable, disabled, malfunctioning or otherwise causing problems with other business functions, and no practical method of manually working around the error exists. | Initial response within 2 business hours of Host becoming aware of the problem.
Appropriate resource(s) assigned immediately thereafter and remaining assigned until resolution.
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3-Medium | End User access and use, and production use of the Host System is possible, but an error or other malfunction is adversely affecting access and use of the Host System by End Users, and the method of manually working around the error or malfunction is unacceptable for more than a short period due to the frequency of the affected function's usage or the criticality of the function. | Initial response within 6 business hours of Host becoming aware of the problem. Appropriate resource(s) assigned.
Target Resolution: 80% of the Category 3 Errors within 5 business days, the remainder resolved within 10 business days.
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4-Low | End User access and use, and production use of the Host System is not impacted severely for one of the following reasons: a. a commercially reasonable method of working around the error exists; b. the error is resolved upon being reported; c. the extent of the error is limited in that it affects only a limited number of End User Clients, and there is a manual workaround available and there is no material financial, legal, or public risk exposure . | Initial response within 10 business hours of Host becoming aware of the problem. Appropriate resource(s) assigned thereafter.
Target Resolution: 80% of the Category 4 errors or malfunctions within 5 business days, the remainder resolved within 10 business days. |