Synerion Cloud Services – Support Level Agreement

 

General

 The customer shall be entitled to procure, and Synerion (“the Service Provider”) shall provide support services pursuant to the following service levels.

Definitions

#	Term	Definition
1	Product	Cloud Services provided to the customer by Synerion
2	Critical Problem	A defect or problem that 1) results in a complete failure of critical services or applications causing the web service to be completely unavailable, or 2) any failure that causes a severe or significant impact, or 3) security-related breach or exposure.   Examples: Network or power outages or disasters, server failures, service failures including failures that prevent normal browsing of Customer’s software or web service, or emergency maintenance.
3	Major Problem	A defect or problem that 1) results in partial failure of critical services or applications or 2) a failure that may not have an immediate impact but could lead to the unavailability of a service.   Examples: Prolonged network degradation including latency, packet loss, or off-network failures, service down but server still up, access problems with application, data, or other systems due to password or profile problems, reboots to address performance degradation, or the restoration or replacement of critical data from a backup system.
4	Minor Problem	A defect or problem that 1) results in complete or partial failure of non-critical services or applications with minimal customer impact, or 2) identified issues that do not impact services, or 3) Information and change request.
5	Response Time	The time interval from first report of the problem to the Service Provider to the time of call-back from the Service Provider’s responsible personnel who has begun diligent efforts to analyze and resolve the problem.
6	Work Around	A fix, that does not require repeated human intervention or system restarts, which provides resolution of the problem until the final solution is provided.
7	Customer	Refers to the organization that has signed an agreement (“Agreement”) under which it has purchased Services from Synerion.
8	Service or Services	Refers to the Synerion Cloud Services provided to Customer pursuant to the Agreement.
9	Service Level	Standards Synerion chooses to adhere to and by which it measures the level of service it provides for each feature as specifically set forth below.
10	Maximum Connectivity Minutes	The total accumulated minutes during a billing month, excluding planned outages. Maximum Connectivity Minutes is measured from when the Cloud Service has been deployed.
11	Connectivity Downtime	The total accumulated minutes that are part of the Maximum Connectivity Minutes that have no External Connectivity.
12	Monthly Connectivity Uptime Percentage	For a specific Customer is the total number of Maximum Connectivity Minutes less Connectivity Downtime divided by Maximum Connectivity Minutes for a billing month. Monthly Connectivity time Percentage is reflected by the following formula:   Monthly Connectivity Uptime % = Maximum Connectivity Minutes – Connectivity Downtime Maximum Connectivity Minutes

 

 

Technical Support

Synerion offers support between the hours of 08:30 AM to 5:00PM Monday-Friday (EST). The Technical Support will consist of the following services:

1. Telephone Support Helpdesk: Service Provider shall provide telephone consulting services to customer’s designated personnel to assist such personnel in resolving problems, obtaining clarification relative to the operation and maintenance of Software and Documentation provided with the Work Product and provide assistance regarding suspected defects or errors in the Service Provider Software or Documentation. In any event, Service Provider shall provide telephone and SMS service, e-mail service and web service for reporting Critical and Major Problems during the Warranty Period. After business hours as described above, reporting of Critical and Major Problems should be only by telephone or

 

2. Support Level: Service Provider agrees to resolve defects and errors in the Service Provider Hosting services and/or Documentation, depending on the severity level and situation determined and reported by the customer, in accordance with the resolution times and support levels set forth

 

3. Hardware Support: Hardware Support includes parts and labor with the following exclusions: Service required because of moving or attempted relocation of equipment, theft, accident ,abuse, causes beyond customer’s control, discharge of water, smoke, fire, or other peril, insects, vermin, neglect, failure to install appropriate protective equipment (e.g., UPS, surge protectors, etc.), inability of appropriate protective equipment to protect in the circumstances, viruses, and changes to Hardware or software not authorized by Synerion North America Inc.

 

4. Reporting Procedures: Reports of problems shall be made by customer as instructed and published on synerion.com web site

 

Response Levels

Software Help Desk

 

Type of problem	Criteria	Time Frame
Critical Problem	See Definition Above	Response Time: Up to 2 hours
Major Problem	See Definition Above	Response Time: Up to 2 hours
Minor Problem	See Definition Above	Response Time: Up to 1 Business Day

 

All technical support will be performed by trained and experienced personnel and with pre-set escalation procedures as will be determined by customer’s Quality Assurance and the Service Provider’s Customer Support teams. Response time metrics are 85% within 2 hours.

Resolution times

Synerion recognizes that Customer’s computer systems are key to its business and that any downtime can cost money. However, Synerion is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously. In all cases, Synerion will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to Customer. Refer to the Table above for response times and severities. In circumstances where outages are caused due to errors in data produced by Equipment operated by Customer, resolution times will be counted starting when the issue is resolved on Customer systems.

Application Hosting Uptime

 Cloud Services: Monthly Connectivity Uptime Service Level

Monthly Connectivity Uptime Percentage

> 99.9 %

 

SLA Exclusions

This SLA and any applicable Service Levels do not apply to:

• A failure or degradation of performance or malfunction resulting from penetration testing, performance testing, or monitoring agents directed or performed by Customer;
• Planned outages, scheduled or announced maintenance or maintenance windows, or outages initiated by Synerion at the request or direction of Customer for maintenance, activation of configurations, backups or other purposes that require the service to be temporarily taken offline;
• Outages occurring as a result of any actions or omissions taken by Synerion at the request or direction of Customer;
• Outages resulting from Customer equipment or third party equipment not within the sole control of Synerion;
• Events resulting from an interruption or shut down of the services due to circumstances reasonably believed by Synerion to be a significant threat to the normal operation of the services, the operating infrastructure, the facility from which the services are provided, access to, or the integrity of Customer data (e.g., a hacker or a virus attack);
• Outages due to system administration or file transfers performed by Customer users or representatives;
• Outages due to denial of service attacks, natural disasters, changes resulting from government, political, or other regulatory actions or court orders, strikes or labor disputes, acts of civil disobedience, acts of war, acts against parties (including carriers and Synerion’s other vendors), and other force majeure events;
• Inability to access the services or outages caused by Customer’s conduct, including negligence or breach of Customer material obligations under the agreement, or by other circumstances outside of Synerion’s control;
• Lack of availability or untimely response time of Customer to respond to incidents that require Customer participation for source identification and/or resolution, including meeting Customer responsibilities for any services;

 

Synerion reserves the right to make reasonably agreed upon changes to the SLA with a 90 day notification to the customer.