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Service Levels and Support
The definitions, service level standards, and remedies that apply to Team Cymru Services.
Definitions
The following terms will have the following meanings when used in this Section:
- Business Day
- means any day other than a Saturday, Sunday or federal holiday observed in the United States.
- Availability
- means the percentage calculated as follows for each annual Measurement Period: Availability (%) = ((A − B) / A) × 100 where: A =the total number of minutes in the applicable annual Measurement Period; and B =the total number of minutes during that annual Measurement Period in which the Service is unavailable to Client, excluding any Scheduled Downtime.
- Downtime
- means a period of unavailability, measured in minutes, occurring during the applicable Measurement Period due to Team Cymru’s failure to provide the full functionality of the Services and System, excluding Scheduled Downtime.
- Measurement Period or Measurement Interval
- means each successive twelve (12)-month period during the Term, commencing on the Effective Date or the applicable Order Form start date, as applicable, for which Availability is calculated under the Service Levels for System Operation Table and Performance Credits are determined if Availability falls below the applicable Standard.
- Performance Credit
- means 1 day extension of the applicable Schedule Term. Performance Credits will be deemed to be price reductions reflecting a diminution in the value of Services because of the failure to meet the Service Levels rather than liquidated damages or a penalty.
- Resolution Time
- means the elapsed clock time between (i) CLIENT’s Service Call to report a problem and (ii) implementation of a change in or adjustment to the System that corrects the problem and causes the System to comply and operate without malfunction.
- Response Time
- means the elapsed clock time between (i) the Service Call to report a problem and (ii) a Team Cymru technical support analyst capable of understanding the problem speaking to CLIENT’s support contact about the problem.
- Scheduled Downtime
- means a period of unavailability of the Services or System, measured in minutes, occurring during the applicable Measurement Period due to maintenance, of which CLIENT has received, at least one week’s advance notice, and which occurs on a Sunday between 1 a.m. and 4 a.m. U.S. Eastern Time.
- Service Level Default
- means Team Cymru’s failure to achieve a Service Level.
- Service Network
- means the network used by Team Cymru to provide the Services.
- Workaround
- means a solution that resolves a problem without decreasing System features, functionality or performance or resulting in an added burden or expense to CLIENT.
System Operation Service Levels
Team Cymru will provide the Services to CLIENT so that all of the quantitative measurements set forth in the first column of Service Levels for System Operation Table below (each, a “Metric”) satisfy the corresponding specifications set forth in the second column of Service Levels for System Operation Table below (each, a “Standard”). If any Metric does not satisfy one or more of its corresponding Standards, then CLIENT will be entitled to receive the corresponding remedy(ies) set forth in the third column of Service Levels for System Operation Table (each, a “Remedy”).
| Metric | Standard | Remedy |
|---|---|---|
| Availability Percentage of Measurement Period that are not Downtime Availability (%) = ((A − B) / A) × 100 where: A =the total number of minutes in the applicable annual Measurement Period; and B =the total number of minutes during that annual Measurement Period in which the Service is unavailable to Client, excluding any Scheduled Downtime. | 99.9%+of each Measurement Period By way of example, if the annual Measurement Period contains 525,600 minutes and the Service is unavailable for 500 minutes during that period (excluding Scheduled Downtime), Availability would be calculated as follows: ((525,600 − 500) / 525,600) × 100 = 99.9049% | One Performance Credit for each 0.5 percentage points below Standard |
Remedial Maintenance Service Levels
| Problem Priority | Priority Definition | Service Level Metrics and Standards | ||
|---|---|---|---|---|
| Required Response Time / Remedy | Required Resolution Time / Remedy | Required Action / Escalation | ||
| Priority 1Critical | A problem that (i) prevents the System from processing a critical business process or function or materially hinders work or use of the System by a user, (ii) prevents a user from using the System to provide services in compliance with applicable Law, (iii) prevents one or more users from accessing data or putting new data into the System, (iv) causes loss or corruption of data, or (v) leaves the System without a working backup for the System or a CLIENT’s environment. |
StandardImmediate (i.e., less than 30 minutes).
Remedy0.5 Performance Credits:
|
Standard8 hours for a Workaround.
Remedy0.5 Performance Credits:
Standard24 hours for a fully tested permanent correction.
|
Team Cymru will use all commercially reasonable efforts to resolve each problem as quickly as possible within 1 hours after Team Cymru learns of the problem, or within a shorter timeframe as the parties may otherwise agree. Team Cymru will provide qualified Team Cymru technical support and developer personnel, as needed, to work on the problem exclusively and continuously until it is corrected. If not resolved within 2 hours, Team Cymru’s Vice President for Support will be paged, and Team Cymru will further escalate its efforts to resolve the problem. |
| Priority 2High | A problem that materially impairs the service but does not prevent the user from using the System |
Team Cymru will endeavor to correct the Priority Two Defects and furnish a remedy no later than the next business day. |
Standard1 Business Day. |
In addition, Priority 1 problems include any Priority 2 problem that has remained unresolved for a period of 72 hours after Team Cymru learns of the problem. |
| Priority 3Upgrade | A problem in which the performance or efficiency of the System might improve if such Defect were to be corrected. |
Team Cymru will endeavour to correct the Priority Three Defects and furnish a remedy no later than the next service update or six (6) months, whichever is earlier. |
Standard6 months. |
Regular review of the issue at scheduled Quarterly Business Review Meeting. |