SERVICE LEVEL AGREEMENT


All terms in capitals used in this SLA shall have the meaning given to them in the Special Terms - SaaS Services unless defined otherwise in the main terms of the Agreement.
 
  1. 1. HOSTING SERVICES

Hosting services shall include hosting of the Solution together with related components and Customer Data as set out below.

1.1 Availability

The Company will use commercially reasonable measures in terms of redundancy, monitoring and platform management to make the Solution available via the Internet 24 hours a day 7 days a week . Availability shall be measured annually and the items set out in clause 7 of this SLA and all Planned Maintenance shall be excluded from the calculation of availability of the Solution.

  1. 2. SECURITY
The infrastructure and security provided by the Company and the data centres it uses to provide the Solution is set out in more detail in the DPA.
  2. 3. SUPPORT SERVICES
Support services shall include maintenance of the Solution and Customer platform including corrective maintenance and enhancements and a customer support service for the Solution and Customer platform as set out below.


3.1 Scope of Support Services

Maintenance and support services shall not be provided for issues arising from (i) modifications, alteration or configuration of any of the Solution by the Customer or a third party that has not been authorised in writing by the Company and/or (ii) technology or IPR that has not been provided by the Company pursuant to the Agreement.


3.2 Problem Notification

The Company provides support services from a UK support centre which is available to named support users. Support services are provided in English.
Problems may be reported to the support centre by email, telephone or via the Internet, using the help desk tool.


3.3 Problem Acknowledgement

Upon receipt of a problem notification the Company shall respond to the Customer, within the time frame set out in clause 4.2 of this SLA as applicable, based on the severity and type of problem. Such response shall specify the severity level and type of problem.


3.4 Support Hours

The Company offers support for the Solution during Business Hours on Business Days in England.
  1. PROBLEM RESOLUTION
Problems with the Solution will be dealt with in accordance with their level of severity. The time frame in which problems will be resolved will depend upon whether they are classified as a Bug or incident as set out below.


4.1 Problem Severity Classification

 
Severity
Description
High A problem is classified as high if the Solution is not available, or a Customer, Partner Customer or Authorised Users cannot log in or if there appear to be serious performance or access problems.
Medium
 A problem is classified as medium if a key feature or service is unavailable and the availability of the Solution is not affected.
Low A problem is classified as low if it does not fall into another severity category.


4.2 Response and Target Resolution Times

 
Severity Response Time Target Resolution Time
for Incidents 		Target Resolution Time
for Bugs
Temporary work around or agreed way forward Permanent Temporary work around or agreed way forward Permanent
High Within 8 Business Hours Within 8 Business Hours 3 Business Days 3 Business Days Next Release or Version
Medium Within next Business Day Within next Business Day 5 Business Days Next Release or Version
Low Within next 2 Business Days Within next 2 Business Days 7 Business Days Next Release or Version
  2.  
  3. 5.MAINTENANCE SERVICES

5.1 Releases

Releases are Upgrades which will contain new or amended features. There may be some need for configuration and additional user training in order to obtain the maximum benefit of the new features. Releases do not significantly impact the existing technical setup of the Customer or training materials. Releases are numbered as follows: 3.X, 4.X, 5.X  etc.
The Company reserves the right to vary the frequency of Releases but will always give the Customer at least 45 days prior notice of a planned date for a new Release.
All Releases are regression tested.
 

5.2 Versions

Versions are Updates which provide Bug fixes, performance and SLA improvement. Such features and functionality do not impact the current configuration of the Customer, nor require additional training.
There are 2 categories of Update:
Normal Updates which include fixes on medium or low severity Bugs, as well as a combination of change requests and small features. These Updates are deployed as and when necessary.
Emergency Updates include fixes on issues that are qualified as urgent by the Company, or relate to high severity Bugs, security threats, performance, or availability. Emergency Updates are deployed as and when necessary.
Updates are deployed as required for all Customers of a given Release. Deployment usually takes place during low system traffic time. Unless specifically required otherwise, all existing setup and data will remain unchanged. Administrator intervention may be required. Intervention of the Customer may also be required.


5.3 Planned Maintenance

The Company usually carries out Planned Maintenance in the maintenance windows set out below. If Planned Maintenance is to be performed outside of these windows the Company shall give the Customer at least 5 Business Days prior notice.
 
Release
Deployment window 4 hours
Deployment schedule Weekends or evenings
Interruption of service Yes
Maximum interruption of service Less than 2 hours
Upfront Notice Period At least 45 Days
 
Normal Update
Deployment window 2 hours
Deployment schedule Weekends or evenings
Interruption of service Minor
Maximum interruption of service Less than 1 hour
Upfront Notice Period At least 24 hours
 
Platform Upgrades
Deployment window 24 hours
Deployment schedule Weekends
Interruption of service Yes
Maximum interruption of service Less than 8 hours
Upfront Notice Period At least 24 hours


5.4 Emergency Maintenance

The Company shall where possible, provide the Customer with prior notice of Emergency Maintenance. However, work may commence at any time and shall continue until completed. The Company shall attempt but cannot guarantee scheduling Emergency Maintenance during non-Business Hours.
 
Emergency Update
Deployment window 2 hours
Deployment schedule As required
Interruption of service Minor
Maximum interruption of service Less than 1 hour
Upfront Notice Period At least 1 hour
 
  1. 6. CUSTOMER’S OBLIGATIONS
The Customer has the following obligations under this SLA:
  • to provide all suitable hardware and software and telecommunications equipment required for accessing and/or using the Solution;
  • to provide the necessary data network connectivity required to allow the Solution to function;
  • to inform the Company without delay of any problems with the Solution;
  • to purchase upgrades for its own software, if necessary, for the error free operation of its own software with the Solution;
  • to check its systems for the most commonly known worms and viruses;
  • to have a current virus scanner installed for each Customer system or entity accessing and/or using the Solution.
 
  1. 7. LIMITATION OF LIABILITY
  • The Company shall not be liable for, and shall have no obligation to fix, any errors, Incidents, problems or Bugs or any lack of availability of the Solution caused by the following:
  • any breach of the Customer‘s obligations set out in clause 6 above;
  • use of services, hardware, or software not provided by the Company, including, but not limited to, issues resulting from inadequate bandwidth, unavailability of telecommunications, faults or omission of ISPs, lack of connectivity or other issues related to third-party software or services;
  • use of the Services on a system not supported by the Company or specifically agreed in writing in the Agreement;
  • interconnection of the Services with other software products not supplied by the Company except as expressly agreed in writing in the Agreement;
  • any DNS issues not within the direct control of the Company i.e. a fault on the Customer‘s network or own equipment configuration;
  • problems or errors that occur while the Company is waiting for the Customer to provide information to enable it to rectify a fault or restore the Services;
  • use of the Services after the Company advises the Customer to modify its use of the Services, if the Customer did not modify its use as advised;
  • the Customer‘s unauthorized action or lack of action when required, or from its employees, agents, contractors, or vendors, or anyone gaining access to the Company’s network by means of the Customer’s passwords or equipment, or otherwise resulting from the Customer’s failure to follow appropriate security practices;
  • the Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or its use of the Services in a manner inconsistent with the features and functionality of the Services (for example, attempts to perform operations that are not supported) or inconsistent with the Company’s published guidance;
  • faults caused by the Customer’s management or connection to the Services;
  • faulty input, instructions, or arguments (for example, requests to access files that do not exist);
  • use of features of the Services that are outside of the Company support windows;
  • the Customer failing to take part in training offered by the Company, necessary for use of the Services;
  • attempts to perform operations that exceed prescribed quotas or that result from the Company’s throttling of suspected abusive behaviour;
  • any Services not paid for at the time of any Incident;
  • Force Majeure.
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ADDED

QUANTITY
INVALID