Service Level Agreement

SLA

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This document contains the Service Level Agreement for TrendzAct LLC.

THIS SERVICE LEVEL AGREEMENT

(“Agreement” or “SLA”) shall apply to all TrendzAct CRM Services provided by TrendzAct expressly as an addendum to the Terms Of Service (“TOS”) for each client/user (“USER”). TrendzAct is committed to providing a highly available and secure contact relationship management (“CRM”) to support its USERs. Providing the USER with consistent access to TrendzAct CRM Services is a high priority for TrendzAct and is the basis for its commitment in the form of a SLA. The overall service availability metric is 99.999%, measured on a monthly basis. This Service Level Agreement shall only become applicable to the TrendzAct CRM Services upon the later of (a) completion of the “stabilization period,” as such term is defined in the Statement of Work (if any), or (b) ninety (90) days from the provisioning of TrendzAct CRM Services.

Service Interruption

This SLA provides certain rights and remedies in the event that the USER experiences service interruption as a result of failure of TrendzAct infrastructure. For the purpose of this Service Level Agreement, the terms in bold are defined as follows:

Credits

Availability     Credit Amount of Monthly Fee (or one twelfth Annual Fee)

97.9% but < 99.999% 10%

96.9% but < 97.9% 25%

< 96.9% 50%

 

Definitions

Available or Availability-When the USER who’s account is active and enabled has reasonable access to the TrendzAct CRM Service provided by TrendzAct, subject to the exclusions defined in Downtime Minutes below.

Total Monthly Minutes-The number of days in the month multiplied by 1,440 minutes per day.

Maintenance Time-The time period during which the TrendzAct CRM Service may not be Available each month so that TrendzAct can perform routine maintenance to maximize performance, is on an as needed basis.

Downtime-The total number of minutes that the USER cannot access the TrendzAct CRM Service. The calculation of Downtime Minutes excludes time that the USER is unable to access the TrendzAct CRM Services due to any of the following:

a) Maintenance Time
b) USER’s own Internet service provider
c) Force Majeure event
d) Any systemic Internet failures
e) Enhanced Services
f) Any failure in the USER’s own hardware, software or Network connection
g) USER’s bandwidth restrictions
h) USER’s acts or omissions
i) Anything outside of the direct control of TrendzAct

Problem Response Time-The time period after TrendzAct’s confirmation of the Service event, from receipt of the information required from the USER for TrendzAct’s Support Team to begin resolution and open a trouble ticket in TrendzAct’s systems. Due to the wide diversity of problems that can occur, and the methods required to resolve them, problem response time IS NOT defined as the time between the receipt of a call and problem resolution. After receiving a report of fault, TrendzAct shall use a reasonable method to provide USER with a progress update.

Affected Seats-TrendzAct’s TrendzAct CRM Service are provided in a multi-tenant architecture where seats of a USER’s domain may be extended across numerous servers. USER may obtain remedy only for affected seats residing on the server experiencing Downtime exceeding the SLA.

Maintenance Notices-TrendzAct will communicate on the front page of the support web site at least forty-eight (48) hours in advance (or longer if practical) when TrendzAct intends to disable access to the TrendzAct CRM Services. The USER understands and agrees that there may be instances where TrendzAct needs to interrupt the TrendzAct CRM Services without notice in order to protect the integrity of the TrendzAct CRM Services due to security issues, virus attacks, spam issues or other unforeseen circumstances. Below are the Maintenance Windows and their definitions:

Emergency Maintenance-These change controls happen immediately with little notification ahead of time; however, we will post the information to our website soon after or during the change.

Preventative Maintenance-These change controls are when we detect an item in the environment that we need to take action on, to avoid emergency change controls in the future. These change controls, if possible, will usually occur in low peak hours with peak being defined by our CRM metrics.

Planned Maintenance-When possible, planned maintenance will be posted 5-days prior; however, certain circumstances may preclude us from doing so, such as an external vendor issuing a change control to TrendzAct, e.g. the power company alerting us to perform power testing 48 hours ahead of time.

These are change control’s being done to:

a) Support on-going product and operational projects to ensure optimal performance
b) Deploy non-critical service packs or patches.
c) Periodic redundancy testing.

 

Minimum Requirements-The required configurations USER must have to access the TrendzAct CRM Services include: Internet connection with adequate bandwidth, supported Internet Browser.

Measurement-TrendzAct uses a proprietary system to measure whether the TrendzAct CRM Services are available and the USER agree that this system will be the sole basis for resolution of any dispute that may arise between the USER and TrendzAct regarding this Service Level Agreement.

Availability is calculated based on the following formula:

  • A = (T – M – D) / (T – M) x 100%
  • A = Availability
  • T = Total Monthly Minutes
  • M = Maintenance Time
  • D = Downtime

Bug-Problem Response

Problem Response Time-TrendzAct’s failure to meet the Service Level Metric for Problem Response Time for a month shall result in a Service Level Credit of $250 per incident up to a maximum Service Level Credit of $1500 per month. The response time per incident will vary upon the degrees defined below:

Category Level Criteria Problem Response Time

Sev 1    High Unplanned interruption rendering the Services un-Available; no work-around        (4) Hours

Sev 2-High   Unplanned interruption rendering the Services un-Available; work-around available     (8) Hours

Sev 1  Low Low Services are un-Available for a single User or small percentage of USER affected   (48) Hours

Sev 2   Low Intermittent problem   (72) Hours

Sev 3   Next iteration

Remedy and Procedure

The USER’s remedy and the procedure for obtaining the USER’s remedy in the event that TrendzAct fails to meet the Service level metrics set forth above are as follows:

To qualify for remedy:

(a)  There must be a support ticket documenting the event within 24 hours of the service interruption

(b)  USER account must be in good standing with all invoices paid and up to date

The USER must notify TrendzAct in writing within five (5) business days by opening a support ticket and providing the following details:

Subject of email must be: “Claim Notice – ‘Client Name”

List the type of TrendzAct CRM Service that was affected

List the date the Downtime Minutes occurred

List user(s) Display Name and E-mail address affected by Downtime Minutes

List an estimate of the amount of actual Downtime Minutes

 

Ticket number of the documented event

TrendzAct will confirm the information provided in the Claim Notice within five (5) business days of receipt of the Claim Notice. If TrendzAct cannot confirm the Downtime Minutes, then the USER and TrendzAct agree to refer the matter to executives at each company for resolution. If TrendzAct confirms that TrendzAct is out of compliance with this Service Level Agreement, the USER will receive the amount of Service Level Credits set forth above for the affected Service level metric and the affected Seats for the affected month. The SLA credit will be reflected in the TrendzAct invoice to the USER in the month following TrendzAct confirmation of the Downtime Minutes. Please note that SLA credits can only be applied to accounts that are in good standing with all invoices paid and up to date.

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