This Service Level Agreement (“SLA”) defines the acceptable services levels, the indicators, associated with these service levels, and actions to be taken in specific circumstances by Apxor Technology Solutions Private Limited (“Service Provider”) while providing Product and Product Support Services.
Service Provider agrees to provide below mentioned services to the Client (“Product Support Services”):
a. Maintenance and support of Product;
b. Scheduled platform upgrades and feature enhancements (bug fixes, enhancements, updates and new release).
The Service Provider guarantees an Up-Time of 99.9 % of the availability of the Product and same shall be available 24 hours a day, throughout 365 days. For the purpose of this SLA, the “Up-Time” shall mean
(i) the total number of minutes during a calendar month in which the Product is completely available and usable, excluding time spent on Scheduled Maintenance,
(ii) divided by the total number of minutes during the calendar month.
For the purpose of understanding, the Initial Response Time (as defined below) and Target Resolution Time (as defined below) shall apply to the maintenance, for the severity level assigned during the duration of the downtime of the Product and Product Support Service. “Initial Response Time” shall mean the time from the receipt of complaint/notice from Client, within which the Service Provider shall contact the Client in order to discuss the complaint/issue and analyse methods to fix the same. “Target Resolution Time” is the total elapsed time from the point where the problem is reported by the Client to the Service Provider by e-mail to the point where the reported problem gets fixed. The Initial Response Time and Target Resolution Time are as captured as below:
| Severity |
Description |
Initial Response Time |
Target Resolution Time |
| Critical (S1) |
Any issue which makes the Product completely unusable or nearly unusable or introduces a high degree of operational risk. Any issue for which no workaround is available. Until the issue is
resolved, the Product’s use is essentially halted. A large number of users are unable to use the
Product and/or core Product functionality is severely impacted. |
1 hour |
24 hours |
| High (S2) |
Any issue rendering the essential functionality of the Product to be consistently unavailable or obstructed; and causes a moderate level of hindrance or risk. Workarounds to resolve the issue may be available, but use of the Product is acutely degraded and causes continuing
operational risk. A moderate number of users are significantly impacted, but overall, the Product
continues to function. |
2 hours |
5 Business Days |
| Medium (S3) |
Any issue which causes an inconvenience or causes inconsistent behavior, which does not impede the normal functioning of the Product. It could be an issue that occurs inconsistently and affects nonessential functions or causes an inconvenience which impacts a small number of users. It may also contain visual issues where the graphical display of the Product is not ideal, but still Product is functioning correctly. |
24 hours |
21 Business Days |
| Low (S4) |
Issues which have a small degree of significance, or is a minor cosmetic issue, or is a “one off” case. A “one off” case occurs when the issue occurs infrequently and cannot be reproduced easily. These are the issues that do not impact the daily use of the Product. A low category issue is something that does not affect normal use, and can be accepted for a period of time, but the user would eventually want change. |
48 hours |
Next Software Update |
Responsibilities of the Parties
a. Service Provider agrees that it will use its best effort to maintain service levels as defined herein.
b. It is agreed between the parties that during an incident, the objective of the teams will be to expeditiously resolve the incident and make reasonable assessment of the severity and call for certain elevated incident responses.
c. Client will ensure that a resource is assigned to work with Service Provider’s support team to provide information or verification on an ongoing basis, until the issue is resolved and shall ensure that all the requisite information as requested by Service Provider are provided to Service Provider as and when required. Service Provider shall not be liable for any delay in resolving any issues arising out of delay in providing information by Client.
d. Both parties agree that due to technical dependencies and other factors, certain issues classified as Medium and Low may be resolved in the next release rather than in a Product update. Client acknowledges and agrees that Service Provider does not and cannot guarantee that all issues/bugs/patches can or will be rectified.
Exclusions to the Service Level Agreement:
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The commitments as stated in the SLA are not applicable for services or in case of events not in control of Service Provider as highlighted below:
a. Service Provider agrees that it will use its best effort to maintain service levels as defined herein.
b. It is agreed between the parties that during an incident, the objective of the teams will be to expeditiously resolve the incident and make reasonable assessment of the severity and call for certain elevated incident responses.
c. Client will ensure that a resource is assigned to work with Service Provider’s support team to provide information or verification on an ongoing basis, until the issue is resolved and shall ensure that all the requisite information as requested by Service Provider are provided to Service Provider as and when required. Service Provider shall not be liable for any delay in resolving any issues arising out of delay in providing information by Client.
d. Both parties agree that due to technical dependencies and other factors, certain issues classified as Medium and Low may be resolved in the next release rather than in a Product update. Client acknowledges and agrees that Service Provider does not and cannot guarantee that all issues/bugs/patches can or will be rectified.
f. any delay due to targeted attacks on the Product by anyone or due to the breach of fair or projected usage patterns by Client;
g. distributed denial of service attack originating from any server;
h. sudden burst of usage (at least 2x greater than previously known volume for the time window) not in line with the previously known traffic patterns.
Disclaimers:
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The Service Provider shall not be liable for any delay, loss of data/information or other failure of performance during the scheduled downtime. The Product is provided "as is" and "as available" without representation or warranties of any kind. The Service Provider makes no warranties as to the availability of uninterrupted, error free, completely secure, or virus free services as the Products are dependent on third party service providers. The Service Provider shall not be liable for any delay, down time, loss of data/ information or other failure of performance, if the cause or circumstances for the same is beyond the reasonable control of the Service Provider, but will use reasonable best efforts to correct any performance problem brought to its attention. The Service Provider shall not be responsible for incidental, indirect or consequential damages arising out of or in connection with the Product or Product Support Services provided hereunder.
