Service Level Agreement

  1. Service levels
    • We will provide a 99.5% up time for the Heropa Software Platform (Software) each calendar month. If the Service is Unavailable, an outage will be measured from:
      • if you have purchased Managed Support Services, the beginning of the Unavailability until the Service is fully restored; and
      • in all other cases, the time you notify us of the Unavailability until the Service is fully restored.
      • “Unavailable” means the Software is not working normally for a continuous 5 minute period.
    • The 99.5% up time does not apply to:
      • faults caused by any software, hardware or other components outside our network;
      • any Beta product (being any product released to the market for testing and feedback);
      • Force Majeure Events; or
      • scheduled outage, being any outage windows scheduled by use when maintenance is required, which is once per week between 11:00 PM EST and 01:00 AM EST.
    • We have no obligation to meet the service level if any undisputed invoice is overdue for payment or if your account is suspended for any reason in accordance with this agreement.
  2. Severity level and response time
    • If you encounter any errors with the Services, you must log a support ticket by email at the address provided in your contract.
    • On receipt of the support ticket, we will investigate the error in accordance with the severity level, as set out in the table below.
(a)        Severity (b)        Description (c)         Response time
(d)        1 (Critical) (e)        An error that renders the Service inoperable.  You are unable to access the Software (f)          2 hours
(g)        2 (Major) (h)        An error that causes the Service to be partially inoperative and the inoperative portion of the Service severely restricts your use of the Service.  You can still access and log in to the Software. (i)          4 business hours
(j)          3 (Minor) (k)         An error that causes the Service not to comply with its specifications but does not severely restrict your use of the Service, which are still usable but with moderately limited functions. (l)          8 business hours
(m)       4 (Informational) (n)        An error that does not materially affect the operation of the Service, which is still usable. (o)        1 Business Day
  • We will:
    • escalate the problem resolution efforts based on the response time;
    • coordinate all error isolation, testing and repair work for the Service;
    • provide you with status updates including the following information:
      • the Service features or functionality that are affected;
      • the current status of repair;
      • estimated time of repair; and
      • confirmation of repair.
    • You acknowledge we may charge you for fault resolution services at our then current time and materials rates if we respond to a request from you and determine that the fault was not caused by a breach of our obligations under this Agreement or was caused by you.
  1. Service Credit
    • If we fail to meet the service level for severity level 1 incidents, we will give you a service credit equal to the pro-rated fees according to the actual service level achieved for the Service for that month in accordance with the table below.
(a)        Outage Duration (b)        Service Credit
(c)         At least 99.0% but less than 99.5% (d)        1 day
(e)        At least 98.5% but less than 99.0% (f)          3 days
(g)        At least 98.0% but less than 98.5% (h)        7 days
(i)          Less than 98.0% (j)          14 days
  • You acknowledge the service credits will be capped at 30 days.