Evolphin Service Level Agreement
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:
- Evolphin will monitor the Services between 9:00am to 5:00pm (customer timezone), Monday through Friday.
- Evolphin will provide technical support 8 hours per day, from 9:00am to 5:00pm (customer timezone), Monday through Friday.
- Notwithstanding the foregoing, Evolphin will use its best efforts to provide technical support after hours and on weekends for “Critical” issues described in the table below.
2. Contacting Evolphin:
3. Customer Technical Contacts:
4. Proactive Notification:
5. Support of Customer’s Users:
6. Responsibilities
Evolphin responsibilities:
- Ensure the relevant Services are available to Customer in accordance with the Uptime guarantees
- Respond to support requests within the timescales listed below
- Take steps to escalate, diagnose, and resolve issues in an appropriate and timely manner, including the allocation of a sufficient number of skilled staff and the collection of necessary information; and
- Maintain clear and timely communication with Customer at all times.
Customer responsibilities:
- Use the Service as intended under the Agreement
- Notify Evolphin of issues or problems in a timely manner and with as much detail as possible
- Co-operate with Evolphin in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information
- In the case of a Severity 1 issue, ensure the availability of a sufficient number of skilled Customer employees to cooperate with Evolphin
- When required, provide Evolphin with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention
- Maintain staff with adequate information technology knowledge to fulfill these responsibilities.
7. Scope of the SLA
1. Evolphin will rectify material issues with the Service, except where:
- The issue has been caused by Customer’s use of the Service in a manner that is contrary to Evolphin’s Training, Knowledge Base, or any other instruction issued by Evolphin
- Customer has made unauthorized changes to the configuration or set-up of the affected Service
- Customer has prevented Evolphin from performing maintenance on the Service
- The issue has been caused by Third Party Products or Services
- The issue has been caused by User(s), including modification of the software; or by adding, deleting, or assigning improper rights to Users.
8. Resolution Plan
Evolphin will resolve problems with the Service within the times for the applicable Severity Levels indicated in the descriptions below.
Service Level Descriptions
Severity: Critical
- Primarily impacting a production environment.
- Causes a severe impact on business operations i.e. critical business processes or functions are disabled or interrupted.
- Continuous or near continuous interruption of service.
- No workaround available.
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.
Severity: High
- Primarily impacting a production environment.
- Intermittent disruption of service.
- No stable workaround available.
Response Time: 4 Hours
Severity: Medium
- Primarily impacting a production environment.
- Causes a minor impact on business operations.
- Stable workaround is available.
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.
Severity: Low
- Primarily impacting a production environment.
- Causes little or no impact on business operations.
9. Standard Backup Policy
10. System Availability
- To apply for a Service Credit under this SLA, Customer must submit a request to support@Evolphin.com, within 30 days of the end of the applicable month with the subject line “SLA Service Credit”.
- The request must include the dates and times of the Downtime for which Service Credit is being requested, and any additional documentation that demonstrates the claimed Downtime.
- Service Credits are the exclusive remedy for Evolphin’s failure to meet its Uptime guarantee and no other or additional types of damages can be claimed, including breach of warranty.
- Scheduled Downtime
- Scheduled Maintenance Notifications: Scheduled Downtime for maintenance will occur during off peak hours. Evolphin has reserved a six (6) hour window from 8:00pm – 2:00am [PST] every third Sunday for weekly maintenance, should the need for such maintenance arise. In the event that this window will be used for maintenance in a given week, Evolphin will notify Customer via e-mail no less than seventy-two (72) hours prior to the window. For example, notice will be issued on Tuesday for Saturday maintenance (if Customer is not notified on Tuesday, the Scheduled Downtime is not conducted on Saturday). During these scheduled maintenance periods, the Services may be unavailable to Customer and Customer’s Users. If it is determined during the window that the scheduled maintenance will run over the allotted window, Customer will be notified immediately and receive regular updates until the period is complete. Any time in which a scheduled outage exceeds its planned maintenance window will be considered Unscheduled Downtime.
- Emergency Maintenance Notifications: On rare occasions, Evolphin may experience the need for emergency maintenance, during which time the Services will be unavailable to Customer and Customer’s Users. Except in extraordinary circumstances, Evolphin will notify customers a minimum of one (1) hour prior to any emergency maintenance. Whenever possible, Evolphin will commence emergency maintenance during off-peak business hours.
2. Excusable Downtime
- Any actions by Customer or its agents;
- Any failure by Customer to perform its obligations under the Agreement that cause the Evolphin Service to be unavailable to Customer;
- Any request to make the Service unavailable by authorized Customer personnel;
- A Force Majeure Event;
- Customer’s hardware, Customer’s software, or Customer’s computing infrastructure including Customer owned or contracted data centers and networks (LAN & WAN);
- Periods during which Scheduled maintenance takes place;
- Scheduled maintenance;
- Maintenance performed at Customer’s request outside of maintenance periods listed above; and
- Periods during which emergency maintenance is required if the maintenance is reasonably necessary to maintain the security of the servers.
11. Migration Upon Termination.
- Upon expiration of the Term or any notice of termination, Evolphin will provide reasonable assistance to Customer in the migration of the Cloud Services and Customer Content to a setup as requested by Customer.
- Customer agrees to pay for all Cloud Services rendered to Customer until the migration is complete.
- Customer will, in addition to payment of all Cloud Service Fees, pay any reasonable, direct out-of-pocket expenses incurred by Evolphin in connection with such migration and approved in advance by Customer.
- After confirmation of migration in writing from Customer, Evolphin will delete all stored media, files, data and other Customer Content on the Evolphin System and will cease providing all Cloud Services and access by Customer and Users to the Evolphin System.