SERVICE LEVEL AGREEMENT – Enterprise

This Service Level Agreement (this “SLA”) applies to the following OnSolve Subscription Services: SWN, MIR3 and OnSolve Platform.  Capitalized terms used but not defined in this SLA shall have the meanings ascribed to them in OnSolve’s General Terms and Conditions – Enterprise available on its website, or any similar agreement negotiated between OnSolve and its customer.

  1. PERCENTAGE AVAILABILITY
    The Subscription Services shall be available 99.99% of the time during each month of the applicable Term, excluding Excusable Downtime.
  1. ERROR PRIORITY CLASSIFICATION
    An “Error” is a failure of the Subscription Services to materially conform to the Documentation, excluding a nonconformity resulting from Customer’s misuse, improper use, or unauthorized change to the Subscription Services.  Errors are classified in Table B below.
    Table B
    Error Classification Impact
    Severity 1 Inability to (i) access the User Interface or (ii) send an Alert across every Subscription Service modality provided (SMS, voice email and others, if provided).
    Severity 2 Inability to send an Alert across a specific Subscription Service modality or experiencing an issue for which a work around exists
    Severity 3 Any minor errors or bugs related to the Subscription Services.
  1. ERROR RESPONSE
    1. Error Classification. Upon notification by customer of the occurrence of an Error, OnSolve shall use commercially reasonable efforts to promptly resolve it. Response to customer regarding the reported Error shall be as specified in Table C
    Table C
    Error Classification Initial Response  Ongoing Communications
    Severity 1 Within one (1) hour – acknowledgment & assignment provided 24/7/365 Updates on remedial measures at least every four (4) hours (or sooner if available) after the problem has been reported and until it is mitigated.
    Severity 2 Within four (4) hours –acknowledgement & assignment provided 24/7/365 Updates on remedial measures at least every business day after the problem has been reported and until it is mitigated.
    Severity 3 Within eight (8) hours – acknowledgement & assignment during normal business hours M-F as designated on OnSolve’s website Updates provided as work progresses.
    1. Customer Obligations. Customer shall (i) have properly trained its personnel in the use of the Subscription services, (ii) promptly report any Error it discovers, (iii) provide OnSolve with sufficient information to locate and reproduce the Error and (iv) reasonably cooperate with OnSolve in connection with OnSolve’s efforts to resolve any Error.
    2. Root Cause Analysis. If, during any calendar month, the Subscription Services experience a Severity 1 Error, upon receipt of written request from Customer, OnSolve shall deliver to Customer within ten (10) business days after the close of the month, a summary analysis of (i) the root cause of the issue experienced during such month and (ii) the action being taken to address that issue.
  1. CUSTOMER SUPPORT AND SERVICES
    All communication from Customer to OnSolve shall be through a Customer Support Representative (“CSR”) or through OnSolve’s live 24/7/365 Customer Support team.  Customer support hours of operation and contact information is available on OnSolve’s website at https://www.onsolve.com/resources/support/.
  1. DEFINITIONS
    The following terms shall have the meaning set forth below:
    1. “Customer Event” means Customer’s inability to access the Subscription Services due to a failure of a Customer network or system (including Customer’s Internet connection), failure of any Customer equipment necessary to access the Subscription Services, or a force majeure event affecting Customer.
    2. “Downtime” for a particular month means the total number of minutes during such month that the Subscription Services were experiencing a Severity 1 Error, excluding any Excusable Downtime.
    3. “Excusable Downtime” for a particular month means the total number of minutes during such month that the Subscription Service was offline resulting from (i) Scheduled Maintenance and other planned service outages, (ii) a Customer Event, and (ii) any unavailability caused by circumstances beyond OnSolve’s reasonable control, including but not limited to force majeure events, Internet or telephony service provider failure or delay, or denial of service attack.
    4. “Scheduled Maintenance” means planned maintenance on the Subscription Services.