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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 (Eastern), Monday through Friday.
  • Evolphin will provide technical support 8 hours per day, from 9:00am to 5:00pm (Eastern), 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: 
Evolphin technical support can be contacted via primary contact mechanism of the technical support website: 
http://support.evolphin.com
 
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.  
 
6. Responsibilities  
Evolphin responsibilities: 
  1. Ensure the relevant Services are available to Customer in accordance with the Uptime guarantees

  2. Respond to support requests within the timescales listed below 

  3. 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 

  4. Maintain clear and timely communication with Customer at all times. 

Customer responsibilities: 
  1. Use the Service as intended under the Agreement 

  2. Notify Evolphin of issues or problems in a timely manner and with as much detail as possible
  3. Co-operate with Evolphin in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information

  4. In the case of a Severity 1 issue, ensure the availability of a sufficient number of skilled Customer employees to cooperate with Evolphin

  5. When required, provide Evolphin with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention
  6. 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

EVOLPHIN will make best efforts to resolve the problem or provide a workaround and if necessary provide a resolution in a future Service release.
 

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.
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.
 
9.  Standard Backup Policy
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:
 
https://aws.amazon.com/ebs/features/#Amazon_EBS_availability_and_durability
 
10. System Availability
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. 
 
Service Credit Calculation
Should Uptime fall below 99.9% in any month, Evolphin will pay liquidated damages in the form of a Service Credit, which is calculated as follows: 

 
Uptime %= (Agreed Hours of Service- Hours of Downtime/ Agreed hours of service) * 100%
 
Uptime < 99.9% Service Credit:                                              100% of the AWS monthly Subscription Fee
Uptime >= 99% and less than 99.9% Service Credit:            50% of the AWS monthly Subscription Fee 
Uptime >= 99.9% Service Credit:                                            0% of the AWS monthly Subscription Fee
 
  1. To apply for a Service Credit under this SLA, Customer must submit a request to [email protected], within 30 days of the end of the applicable month with the subject line “SLA Service Credit”. 
  2. 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. 
  3. 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. 
 
Cloud service provider SLAs, are available at this link https://aws.amazon.com/ebs/features/#Amazon_EBS_availability_and_durability. 
 

  1. Scheduled Downtime   

Maintenance Notifications.  The following maintenance periods are excluded from Evolphin’s SLA and Penalties in Section 1 above (“Scheduled Downtime”):
 
  1. 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. 
  2. 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
“Excusable Downtime” means any downtime caused by any of the following: 
 
  1. Any actions by Customer or its agents;
  2. Any failure by Customer to perform its obligations under the Agreement that cause the Evolphin Service to be unavailable to Customer;
  3. Any request to make the Service unavailable by authorized Customer personnel;
  4. A Force Majeure Event;
  5. Customer’s hardware, Customer’s software, or Customer’s computing infrastructure including Customer owned or contracted data centers and networks (LAN & WAN);
  6. Periods during which Scheduled maintenance takes place;
  7. Scheduled maintenance;
  8. Maintenance performed at Customer’s request outside of maintenance periods listed above; and
  9. Periods during which emergency maintenance is required if the maintenance is reasonably necessary to maintain the security of the servers.  
 
11.  Migration Upon Termination.  
  1. 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. 
  2. Customer agrees to pay for all Cloud Services rendered to Customer until the migration is complete.  
  3. 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.  
  4. 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. 
 
12. Updates to the SLA 
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. 
 
13. Software Improvements 
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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