This Service Level Addendum (“SLA”) applies to and is incorporated by reference into the Terms of an Order. Capitalized terms not defined in this SLA will have the meaning provided to them in the Terms. The terms of this SLA do not apply to any issue caused or contributed to wholly or partly by hardware or equipment which was not supplied by Eptura.
1. SERVICE COMMITMENT
1.1 Eptura will use commercially reasonable efforts to make the Subscription Services available 99.5% of the time during each month of the applicable Term, excluding Excusable Downtime (the “Service Commitment”).
2. ERROR PRIORITY CLASSIFICATION
2.1 Definition of Error. An “Error” is a failure of the Subscription Services to materially conform to the Documentation but excluding (i) a nonconformity resulting from Customer’s misuse, improper use, or unauthorized change to the Subscription Services or (ii) Customer’s internal network or internet connectivity problems.
2.2 Classification of Errors. Errors are classified in accordance with Table A below.
|Error Classification||Description||Mean Time to First Response||Target update frequency|
|Customer’s production use of the Subscription Service is stopped or so severely impacted that the Customer cannot reasonably continue business operations and no workaround is available.||1 hour||2 hours*|
|The Customer’s production system is operating but a major function of the Subscription Service is unavailable, and no workaround is available.||2 hours||4 hours*|
|The Customer’s production system is operating allowing users to continue using the Subscription Service, but service features are unavailable; a temporary workaround is available.||24 hours||When resolved|
|A minor impact on basic functionality of the Subscription Service.||24 hours||When resolved|
2.3 Eptura will provide continuous efforts to resolve Severity 1 availability issues until a workaround or resolution can be provided or until the incident can be downgraded to a lower Severity.
3. ERROR REPORTING
3.1 Support Portal. Eptura is committed to a rapid response of all reported Errors. All Errors can be logged 24 hours per day, 7 days per week, 365 days per year basis via the online support portal or other support contact methods.
3.2 Error Reporting Obligations. Customer will:
(a) Promptly report any Error it discovers with a full description of the Error;
(b) Reasonably cooperate with Eptura in connection with Eptura’s efforts to resolve any Error;
(c) Provide a reproducible test case that demonstrates the specific usage that causes the Error;
(d) Ensure that a resource is assigned to work with Eptura to provide information or verification on an ongoing basis, until the issue is resolved; and
(e) Provide any special circumstances surrounding the discovery of the Error.
3.3 Severity Level Upgrading/Downgrading. If during the incident management process for the Error, the Eptura reasonably considers that the Error no longer reflects the Severity Level currently assigned based on its current impact on the production operation of the Subscription Service, the Severity level will be upgraded or downgraded (as applicable) to the level that most appropriately reflects its current impact. In the event Eptura determines that an Error is a request to add functionality or enhance performance beyond the specifications of the Subscription Service, it shall not be classified as an Error.
3.4 Resolution Times. Eptura does not guarantee resolution times, and a resolution may consist of a hotfix patch, workaround, system configuration change or any other solution Eptura deems reasonable. Eptura will use reasonable efforts to meet the Mean Time to First Response periods stated in Table A.
4. SERVICE CREDIT REQUEST
4.1 Eligibility for Service Credits. If the Subscription Service fails to meet the Service Commitment, Customer may be eligible to receive a service credit as outlined in Table B below. Service credits do not apply until Eptura completes any and all set-up, testing or data migration.
|Percentage Availability||Service Credit Amount|
|Above 99.50%||0% of the monthly fees applicable to the month in which the failure occurred|
|Between 99.49% and 99.00%||2% of the monthly fees applicable to the month in which the failure occurred|
|Between 98.99% and 98.50%||5% of the monthly fees applicable to the month in which the failure occurred|
|Between 98.49% and 98.00%||10% of the monthly fees applicable to the month in which the failure occurred|
|Below 97.99%||15% of the monthly fees applicable to the month in which the failure occurred|
4.2 Percentage Availability. The Percentage Availability shall be calculated by dividing the Available Minutes by the Monthly Minutes, and multiplying that figure by 100. The calculation of Percentage Availability shall apply as from the first complete month of the Subscription Services following Eptura confirming the Subscription Services are live and ready for production use.
4.3 Sole remedy. The service credits provided hereunder are the Customer’s sole and exclusive remedy for any Error related to the Subscription Services. To receive a service credit, Customer must submit a claim by email to [email protected]. To be eligible, the credit request must be received by Eptura within thirty (30) days after which the incident occurred and include:
(a) the words “SLA Credit Request” in the subject line;
(b) the dates and times of each Error claimed; and
(c) the affected Subscription Service; corroborating evidence (screen captures, error messages, etc.) that document the errors (any confidential information should be removed or replaced with asterisks).
4.4 Verification. All claims will be verified against applicable system records.
4.5 Lapse. If Customer fails to report an Error within five (5) days of the occurrence of such Error, Customer shall not be entitled to any service credit for such Error.
4.6 Transfer, monetary value and default. Service credits are non-transferable and have no monetary value and may only be used as credits against future Eptura invoices. Customers who are past due or in default with respect to any payment or any material contractual obligations to Eptura are not eligible for any service credits.
4.7 Disputes. Should any periods of downtime submitted by Customer be disputed, Eptura will provide Customer a record of Subscription Services availability for the period in question. Eptura will only provide records of system availability in response to good faith Customer claims.
4.8 Purchases via Partners. If Customer purchased the Subscription Services via a Partner of Eptura, Customer must request Service Credits via that Partner.
5. Scheduled Maintenance
5.1 Dates of maintenance. Any maintenance to the software or platform will be carried out by Eptura during the agreed Maintenance Windows, or in accordance with the Service Management Schedule published from time to time.
5.2 Notice of maintenance. Eptura will endeavor to give the Customer at least one weeks’ notice of any planned maintenance that may affect availability, performance, or functionality of the Services.
5.3 Emergency maintenance. In the event of the requirement to perform emergency maintenance that affects the availability, performance or functionality of the Services, Eptura will endeavor to provide notification no less than one hour
“Available” means the website is responsive to standard ICMP or HTTPS requests, and that it is operational.
“Available Minutes” means the minutes of time the service is Available on a monthly basis after adding back in Excusable Downtime.
“Excusable Downtime” shall mean the total minutes in the reporting month for: (A) Routine Maintenance; (B) scheduled downtime required for software upgrades, server maintenance, general repairs, and system testing that has prior notification; (C) emergency maintenance; (D) downtime due to (i) the acts or omissions of Customer or (ii) Customer’s internal network or internet connectivity problems or (E) any unavailability caused by circumstances beyond Provider’s reasonable control, including but not limited to force majeure events, Internet or telecommunications networks provider failure or delay, or denial of service attack.
“Monthly Minutes” means the total number of minutes in the relevant calendar month.
“Routine Maintenance” means Eptura’s routine or planned maintenance on the Subscription Services with at least five (5) business days prior notice to Customer.
“Response Time” is the mean time within which Eptura will use reasonable efforts to contact Customer to acknowledge receipt of an Error report
Rev. Jan 2023
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