1. SUPPORT TERMS FOR HOSTED CLOUD SERVICES
A. Overview of Support
This Service Level Agreement (“SLA”) is part of the Software as a Service agreement between Customer and Evolphin (“ESaaS-Agreement”) and describes the support and availability metrics being provided to Customer.
Evolphin will monitor the Cloud Services and Evolphin System and provide Tier 2 and Tier 3 application and infrastructure support for the Cloud Services and Evolphin System, including system monitoring and problem resolution to Customer.
1. Hours of Service:
2. Contacting Evolphin:
The Customer will provide a reasonably detailed description of the problem and the severity of the problem, stating the circumstances that lead to the severity condition. The actual severity level may be re-determined by the parties during the problem resolution process. Evolphin shall respond to problems with the Cloud Services based upon the severity of the problem according to the schedule in Section 8 below.
3. Customer Technical Contacts:
Customer may designate up to three technical contacts within its organization to liaise with Evolphin Technical Support. These technical contacts should have completed a formal Evolphin Zoom training event. Evolphin issues every designated technical contact with a special identifier that authorizes Customer’s technical contact to access Evolphin Technical Support. Customer must inform Evolphin Technical Support if its technical contacts leave its organization or if Customer wishes to designate alternative staff or backup contacts during sickness or vacation periods.
4. Proactive Notification:
Evolphin will automatically notify the customer when Software Upgrades, patches and Maintenance Releases will be made available on the service.
5. Support of Customer’s Users:
Evolphin will provide Tier 2 and Tier 3 customer service and support hereunder to Customer’s named administrative contacts.
7. Scope of the SLA
1. Evolphin will rectify material issues with the Service, except where:
Evolphin will resolve problems with the Service within the times for the applicable Severity Levels indicated in the descriptions below.
Service Level Descriptions
Response Time: 60 Minutes (Critical issues must be reported or followed up via telephone)
EVOLPHIN will continue to work on the problem until it is resolved or a workaround is provided.
Response Time: 4 Hours
EVOLPHIN will make best efforts to resolve the problem or provide a workaround and if necessary provide a resolution in a future Service release.
Response Time: 1 Day
EVOLPHIN will will make reasonable efforts to resolve the problem or provide a workaround if such problem has not been resolved in the next Update of the Service.
Response Time: 1 Week
EVOLPHIN will make reasonable efforts to resolve the problem or provide a workaround if such problem has not been resolved in the next Release of the Service.
Notes: The times detailed above are measured from the time the issue details are received by Evolphin and are based on working days, working hours and working minutes.
Customer Content backed up by Evolphin is for disaster recovery use only. Evolphin is not obligated to restore Customer Content to Customer except in the event that data is lost as a result of a system-wide event. Evolphin will not restore Customer Content lost by Customer or a User.
Please refer to: https://evolphin.com/evolphin-cloud-backup-recovery/
Additional information can be found at:
1.System Availability (SLA):
The uptime guarantees are provided by the underlying cloud infrastructure provider (AWS) and subject to change by the cloud service provider. Evolphin will promptly notify Customer of any changes in the uptime guarantees. The cloud service provider currently offers 99.9% uptime SLA and service credits for outages beyond the uptime guarantees. Evolphin will pass along the service credits to Customer.
In the event that service credits are applied to the account due to a failure to meet uptime guarantees, these credits will be applied at year-end and available for year 2 fees.
Uptime %= (Agreed Hours of Service- Hours of Downtime/ Agreed hours of service) * 100%
Cloud service provider SLAs, are available at this link https://aws.amazon.com/ebs/features/#Amazon_EBS_availability_and_durability.
Maintenance Notifications. The following maintenance periods are excluded from Evolphin’s SLA and Penalties in Section 1 above (“Scheduled Downtime”):
2. Excusable Downtime
This SLA may be updated at Evolphin’s discretion, but only after providing thirty (30) days’ notice, after which it shall be effective (“SLA Effective Date”). Such notice will be sufficient if provided to a User designated as an administrator of Customer’s Service account either: (a) as a note on the screen presented immediately after completion of the log-in authentication credentials at the log in screen, or (b) by email with read receipt to the email address provided for the administrator(s) for Customer’s account. If Customer objects to any such changes, Customer’s sole recourse shall be to terminate the Agreement. Continued use of the Service following the SLA Effective Date or any update shall indicate Customer’s acknowledgement of such update and agreement to be bound by the updated SLA. When Evolphin changes this SLA, the “Updated” date below will be changed to reflect the publication date of the most recent version.
Evolphin will make available to Customer new versions, releases, and updates to the Service to solve defects and/or errors, keep the Service up-to-date with market developments, or otherwise improve (the operation or functionality of) the Service. Evolphin will only support the most recent version of the Service.
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