Definitions
The following definitions shall apply to this agreement:
a) Maintenance Time – The following timeslots are reserved for regularly scheduled maintenance:
Mondays – 3:00 AM GMT – 5:00 AM GMT (2 hours)
Thursdays – 3:00 AM GMT – 5:00 AM GMT (2 hours)
This equates to a maximum of four (4) hours per week and sixteen (16) hours per month. Maintenance Time is not included as part of the committed hours of service. If a maintenance window is to be utilized, LogicBay will inform Performance Center clients no less than 48 hours in advance.
b) Committed hours of service – The Performance Center application will be available 7 days a week, 24 hours a day, with the exception of scheduled maintenance time. Committed hours of service equates to a minimum of 703 hours per month.
c) Outage – shall mean the period of time measured in minutes per month for which the Performance Center application is not available or is unusable during the committed hours of service.
d) Outage hours – the total of all outages for a given time period measured in hours.
Performance Center Application Availability
This SLA is based upon application availability. The Performance Center application shall achieve a minimum monthly service level of 99% availability during committed hours of service. Any individual outage in excess of 4.0 hours or sum of outages exceeding 7.0 hours per month will constitute a violation.
Monthly Availability % = ((Committed hours of service per month – Outage hours per month) / (Committed hours of service per month) * 100
Monthly Availability % = ((703 – 7) / 703) * 100 = 99%
Service Credits
For each SLA violation, a service credit will be granted. A service credit is equal to the monthly fee divided by thirty (30). For example, if the monthly fee is $500, one service credit will equal $500/30 ($16.66). Service credits will be applied to the next monthly billing.
Support ServicesRefer to the LogicBay Customer Care document for a description of our customer support services.
Monitoring
LogicBay utilizes data center monitoring to monitor Application Availability and report outages. Our monitoring application will ping the Performance Center application every fifteen (15) minutes. Outage durations will be calculated as the time elapsed between the timestamp of the initial notification associated with the outage and the timestamp of the last notification associated with the outage.
Reporting Metrics
Within 10 days of the conclusion of each month, LogicBay will publish a monthly SLA report. The report will include the following:
This is a summary listing of actual maintenance events that occurred during the month. It includes maintenance event start time, end time, duration of the maintenance event, and reason for the maintenance event.
Outage Event Log (Non-maintenance)
This is a summary listing of all non-maintenance outages that occurred during the month. For each outage the listing includes start time, end time, duration, reason for the outage, and resolution.
SLA Assumptions
This SLA applies to the Performance Center production environment.
The total service credits to be issued by LogicBay to Client for all service losses that occur within a calendar month shall not exceed the total monthly hosting fees. Outage time shall not accrue during scheduled maintenance periods.
Problems that are outside of LogicBay’s scope of responsibility, resulting in a loss of service, are not covered by any of the provisions of this SLA.
Client is responsible for providing a primary contact(s) who can be contacted in the event of a service loss. LogicBay must be provided with changes to the primary contact’s contact information in writing or e-mail.
Force Majeure. Neither party shall be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to war, strike, riot, crime, or acts of God.
Active User Accounts
Active users are measured via a yes/no (binary) setting in the Performance Center application. If this Active flag associated with a user account is set to true, and if that user has access to the Performance Center, then that user counts toward the total active user count.
Termination
After Activation, either party can terminate this agreement with thirty (30) days notice to the other party. If either party terminates this agreement, the following termination procedures will be supported at the request of the CLIENT. The process to export content and data out of your Performance Center site is free of charge (except where noted below).
Content – CLIENT can load content to your Performance Center site. All of the files that are posted to your site belong to CLIENT. At any time, CLIENT can retrieve copies of your files through the File Manager tool available in the Admin view. Alternatively, upon request LogicBay will zip up CLIENT’s content and make it available to CLIENT via FTP. There is no charge for this.
Data – Like any database driven system, all of the data is stored in a number of database tables that are unique to the Performance Center application. In the event CLIENT terminates the agreement and requires a copy of all of your data, LogicBay will provide a one-time data export and make the data export available via FTP.
Reports - CLIENT can also use the reports available in the Performance Center application to extract data (e.g., export to Excel) in a more meaningful way.
Custom Data Export - Beyond the above, if CLIENT requires a specific data export or data integration with another system, LogicBay Customer Care is available to perform the work and fees would be required. This work will be executed on a time and materials (T&M) basis using our standard rate of $US175/hour.
Changes to Scope of Services
For any changes to the scope of services as provided by this Agreement, LogicBay shall (i) promptly notify CLIENT in writing of such changes, and (ii) specify in reasonable detail the nature and extent of such changes and if applicable costs associated with the change. CLIENT will indicate to LogicBay if it wishes to proceed with the scope change at the agreed upon price. If there is a dispute as to whether or not described changes constitute a scope change the parties shall discuss the disputed change and attempt in good faith to resolve such dispute in a mutually acceptable manner. If the parties jointly agree that the change fits within the scope, LogicBay will process the change at no additional cost.
Assumptions
Additional languages are available in the Total Services Package and Channel Sales Systems Editions.