Service Levels Agreement

Last updated: December 20, 2012
Exhibit A
Service Level Agreement

(a)            Availability Service Level.  Visible will provide access to its Visible Intelligence hosted software application (VI) on a 24 x 7 x 365 basis with an uptime guarantee of 97%, excluding an up to 12 hours per month Maintenance Window (as defined in Section 1(b)(v) below) and any unavailability of the system caused by hardware, software or systems not within Visible’s possession or reasonable control.

(b)            General Support.  Visible will provide support for VI as set forth below:

(i)    Visible will provide all necessary resources to support troubleshooting and implementation of VI;

(ii)  Visible will provide 12×5 telephone support, and 24×7 e-mail support for assistance in identifying and resolving Errors (in accordance with the Severity Levels and Response Times set forth in Section 1(c) and 1(d) below), and will be available to answer questions related to the operational use of VI;

(iii) Visible will monitor VI to ensure that the Services are being provided according to the standards of this Exhibit and applicable SOWs;

(iv) Visible will promptly report all outages, including performance degradation to the person identified by Client.

(v)  Visible may schedule upgrades and maintenance for VI between the hours 6pm and 6am Pacific Time (“PST”) Monday through Friday and between the hours of 6pm Friday through 6am PST Monday (the “Maintenance Window”);

(vi) Any non-scheduled or emergency maintenance that impacts VI must be communicated to Client within one (1) hour of implementation of the emergency maintenance.  Failure to notify Client of a Maintenance Window or unscheduled or emergency maintenance that results in one or more Severity 1 or Severity 2 incidents (as defined in Section 1(c) below) in a given year will constitute a violation of this Exhibit.

(c)            Severity Levels.  When Visible initially detects an error with VI, and/or when Client reports to Visible an error with VI, the error will be promptly classified by the reporting party in accordance with the following severity incident guidelines:

Severity Incident Level

Definition

Severity 1

A critical problem with VI in which any of the following occur: VI is down, inoperable, inaccessible or unavailable or VI otherwise materially ceases operation.

Severity 2

A problem with VI in which any of the following occur: VI is severely limited or degraded, major functions are not performing properly, or the situation is causing a significant impact to certain portions of Client users’ operations or productivity.

Severity 3

A minor or cosmetic problem with VI in which any of the following occur: the problem is an irritant, affects non-essential functions, has minimal impact to business operations; the problem is localized or has isolated impact; the problem is an operational nuisance; the problem results in documentation errors; or the problem is any other problem that is not a Severity 1 or a Severity 2, but is otherwise a failure of VI to conform to its specifications.

 

(d)            Incident Response Service Level.  Visible will respond to Client and provide Initial Responses, Temporary Resolutions and Final Resolutions in accordance with the time requirements set forth in the table below.

Severity Level:

 

Initial Response will be provided within:

 

Temporary Resolution will be provided within:

Final Resolution will be provided within:

Severity 1

1 hour from receipt of initial notice from Client, or other discovery of an error

4 hours from receipt of initial notice from Client or other discovery of an error

7 days from receipt of initial notice from Client or other discovery of an Error

Severity 2

4 hours from receipt of initial notice from Client or other discovery of an error during normal support hours that are 2am to 9pm PST Monday through Friday, excluding holidays (“Normal Support Hours”)

48 hours from receipt of initial notice from Client or other discovery of an error during Normal Support Hours

14 days from receipt of initial notice from Client or other discovery of an error

Severity 3

4 hours from receipt of initial notice from Client or other discovery of an error during Normal Support Hours

7 days from receipt of initial notice from Client or other discoveryof an error

30 days from receipt of initial notice from Client. Note that Visible in its sole discretion will decide whether “cosmetic” feature requests are to be implemented

For purposes of this Section 1(d), the following definitions apply:

  • “Initial Response” means a verbal, written, or electronic response from Visible to Client regarding a reported or discovered error;
  • “Temporary Resolution” means a temporary fix or patch that has been implemented and incorporated into VI by Visible to restore VI functionality in accordance with its specifications until the Final Resolution is available which may include reasonable work-around processes that deliver the required information;
  • “Final Resolution” means a permanent fix that has been implemented and incorporated into VI by Visible to restore VI functionality in accordance with its specifications.

 

SECTION 2      SUPPORT CONTACT INFORMATION AND HOURS.

Technical Support Hours: Monday through Friday, 2 a.m. to 9 p.m. (PST), excluding standard U.S. business holidays.

Technical Support Phone Numbers:

  • US – 1.999.899.1215 or 1.425.223.3187
  • London – 44 (0) 3239.5624
  • Australia – 61 (02) 8005.6807
  • Skype – Visible.Technologies

Technical Support E-mail: [email protected]