Service Level Agreement

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Last updated on August 16 2018.

This Service Level Agreement (“SLA”) is binding only on Appspace and the Customer and does not apply to any Registered Appspace users (i.e., non-paying customers or anyone receiving the Services for free) or third parties, including Customer end users (unless otherwise agreed to in writing between Appspace and Customer or Appspace and the end user).  The terms of this SLA will be fixed for the duration of the initial term of the Subscription.  If a Subscription is renewed, the version of this SLA that is current at the time the renewal term commences will apply throughout the renewal term.  The most current version of the SLA and related terms are available at: www.appspace.com/legal/sla.

1.    Standard terms applicable to all Service Levels outlined in this SLA:

a. Definitions

i. “Business Hours” means the hours of 8:00am – 5:00pm, Monday –Friday, in Customer’s nearest Appspace regional office as indicated below.  Please note that Business Hours do not include any local or regional holidays.

Dallas  -- GMT -6 (CST)

London – GMT 0 (or GMT +1 for BST)

Dubai – GMT +4  (8:00am – 5:00pm, Sunday – Thursday)

Kuala Lumpur – GMT +8

ii. “Customer” refers to the organization, entity, or individual that has purchased online services from Appspace.   

iii. “Customer Support” means the business team within Appspace that provides services to assist Customer to resolve issues with the Services.

iv. “Force Majeure Condition” means an event beyond either party’s control, such as significant failure of a part of the power grid, sabotage, denial of service attack, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

v. “Incident” means any set of circumstances resulting in a failure to meet a Service Level.

vi. “Service” or “Subscription” refers to the Appspace plan for service and support provided to Customer.

vii. “Service Level” means standards Appspace adheres to and by which it measures the level of Service it provides as specifically set forth below, and as further set forth by the Subscription plan purchased by Customer.

 

b. Configuration Requirements and Acceptable Use

Customers must adhere to any required configurations, use supported platforms, and follow any policies for acceptable use found at: www.appspace.com/legal/usage-policy.

 

c. SLA Exclusions

This SLA does not apply to any performance or availability issues:

i. Due to factors outside Appspace’s reasonable control, including Force Majeure Conditions;

ii. Due to Customer requested changes;

iii. That resulted from Customer’s or third-party hardware or software;

iv. That resulted from actions or inactions of Customer or third parties or anyone gaining access to Appspace’s network by means of Customer’s passwords or equipment;

v. Caused by Customer’s use of the Service after Appspace advised Customer to modify its use of the Service, if Customer did not modified its use as advised;

vi. Issues with the Customer’s environment that prevent access to the Appspace server, including but not limited to network connectivity, power failure, browser configuration or other security settings;

vii. During Scheduled Downtime (as defined below) scheduled network, hardware, or service maintenance or upgrades; or

viii. During beta and trial services (as determined by Appspace).

 

2.    Service Levels

a. Monthly Uptime Service Level 

i. Definitions

1. “Downtime” is defined as any period of time when Customers are unable to access their Appspace-hosted server or Appspace infrastructure service. Downtime does not include the period of time when the Service is not available as a result of the SLA Exclusions as set forth in Section 1(c) above.

2. “Scheduled Downtime” is defined as: (i) Downtime within pre-established maintenance windows; or (ii) Downtime during major version upgrade;

3. “Monthly Uptime Percentage” for a specific Customer is calculated by taking the total number of minutes in a calendar month minus the total number of minutes of Downtime experienced by the Customer in a given calendar month, all divided by the total number of minutes in that calendar month.

ii. Uptime Service Levels: Appspace commits to providing an uptime of 99.5% of the time for any given month.

b. Response Times – Subscription Plans

i. Appspace understands that our software is often part of larger mission critical business initiatives and we are committed to providing a high level of Customer support and responding to each incident in a timely manner. 

ii. Committed response times for all Customer incidents and/or tickets are governed by the Customer’s Subscription level as outlined in the table below.

iii. Appspace measures the response times in Business Hours starting from the time of receipt by Appspace of the initial Customer incident report in writing (e.g., online ticket submission).

 

Registered (Free) = N/A

Advanced (Express) = 12 hours (Cloud only)

Premium (Omni-C & Omni-D) = 4 hours (Cloud), 8 hours (On-Premises)

Elite (Omni-E & Omni-F) = 2 hours (Cloud), 4 hours (On-Premises)