This Service Level Agreement (“SLA”) forms part of the Service agreement between Customer and M16 Marketing (“Agreement”). In the event this document is translated into any other languages, the English version shall be authoritative. M16 Marketing encourages Customer to review the online SLA periodically.
This SLA describes the levels of Product availability and support that Customer can expect to receive from M16 Marketing for the duration of the Agreement.
As used in this SLA, the following terms shall have the meanings specified below. Any capitalized terms not defined herein shall have the meaning attributed to them in the Agreement. In this SLA the singular includes the plural and vice versa; the words “month”, “year”, and “quarter” mean calendar month, calendar year, and calendar quarter, unless otherwise stated; and the word “including” (or any analogous word or phrase) means “including without limitation”.
|Business Day||08:30 to 18:00, local time for the contracting M16 Marketing entity, not including Saturday, Sunday or a public holidays.|
|Degraded Performance||a lower quality of service as described in this SLA (e.g. temporarily broken or temporarily unavailable functionality).|
|Downtime||the period of time during which the website is wholly unavailable to Customer, including maintenance occurring outside of Maintenance Hours for which less than 24 hours’ notice was provided to affected Customers. However, Downtime shall not include: 1. Scheduled Maintenance;|
2. Degraded Performance;
3. factors outside of M16 Marketing’s control, including any Force Majeure Events;
4. failures, acts or omissions of M16 Marketing’s upstream providers;
5. failures of the internet;
6. acts or omissions of Customer and its Users; and
7. enforcement of Regulations.
|Maintenance Hours||Monday to Friday from 08:30 am – 11:00 pm EST, all day Saturday and Sunday from 10:00 am – 02:00 pm EST.|
|Resolution Time||the time that elapses from the Response Time until the alert is resolved.|
|Response Time||measures the time that elapses between the receiving of an alert and the time of commencing work on the issue.|
|Scheduled Maintenance||planned outages, either suspending service in full or in part, which M16 Marketing will endeavour to announce at least 5 days in advance, and in any case will announce no later than 24 hours in advance, which will not exceed a reasonable period of time for the maintenance required and which, where possible, shall take place during Maintenance Hours.|
|SLA Effective Date||the Project Start Date stated in the Agreement or applicable Statement of Work and the date this SLA enters into force.|
|Ticket||an electronic request sent to M16 Marketing by Customer (e.g. requesting a solution to an incident).|
|Uptime||as calculated in accordance with this SLA.|
- Scope of the Service Level Agreement
This SLA applies only to the Website Support and Professional Services described in the Agreement or applicable Statement of Work. This SLA does not apply to any software, equipment, services, or other parts of an information technology system that are not purchased from or managed by M16 Marketing.M16 Marketing will rectify material issues with the Product, except where:
- the issue has been caused by Customer’s use of the Product in a manner that is contrary to M16 Marketing Training, Knowledge Base, or any other instruction issued by M16 Marketing;
- Customer has made unauthorized changes to the configuration or set-up of the affected Product;
- Customer has prevented M16 Marketing from performing maintenance on the Product;
- the issue has been caused by Third Party Products; or
- the issue has been caused by User(s), including by modifying part of the software or by adding, deleting, or assigning improper rights to Users.
- SLA Effective Date and Term
This SLA will be effective from the Project Start Date and will terminate without further notice and without right to compensation or restitution upon the expiry or termination of the Agreement or applicable Statement of Work.
M16 Marketing responsibilities:
- ensure the relevant Support and Professional Services are available to Customer in accordance with the Uptime guarantee;
- respond to support requests within the timescales listed below;
- take steps to escalate, diagnose, and resolve issues in an appropriate and timely manner, including the allocation of a sufficient number of skilled staff and the collection of necessary information; and
- maintain clear and timely communication with Customer at all times.
- use the website as intended under the Agreement;
- notify M16 Marketing of issues or problems in a timely manner and as thoroughly as is possible;
- cooperate with M16 Marketing in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information;
- in case of an A-Priority Alert, ensure the availability of a sufficient number of skilled Customer employees to cooperate with M16 Marketing;
- provide M16 Marketing with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention; and
- maintain staff with adequate information technology knowledge to fulfil these responsibilities.
M16 Marketing guarantees 99.9% Uptime each month 24 hours a day 7 days a week (“Agreed Hours of Service”). Uptime is measured based on the monthly average of availability, rounded down to the nearest minute, and calculated as follows:
Uptime % = Agreed Hours of Service – hours of Downtime * 100% Agreed Hours of Service
- Service Credits
Should uptime fall below 99.9% in any calendar month, M16 Marketing will pay liquidated damages in the form of Service Credits, which are calculated as follows:
Uptime < 99.0% 100% of monthly Support Fee Uptime ≥ 99.0% and less than 99.9% 99.9% – Uptime % * monthly Support Fee * 50% 0,9% Uptime ≥ 99.9% 0% of monthly Support Fee
To apply for a Service Credit under this SLA, Customer must submit a request within 30 days of the end of the applicable month with the subject line “SLA Service Credit”. The request must include the dates and times of the Downtime for which Service Credit is being requested, and any additional documentation that demonstrates the claimed Downtime. Service Credits are the exclusive remedy for M16 Marketing’s failure to meet its Uptime guarantee and no other or additional types of damages can be claimed, including breach of warranty. In the event there are no new invoices to be issued, M16 Marketing will pay out the Service Credit to Customer directly.
- Response Time and Resolution Time
In the event of an alert, M16 Marketing is deemed to have responded when it has replied to Customer’s initial request. This may be in the form of an email or telephone call, to acknowledge receipt of Customer’s request, provide a solution, or request further information.The Response Time and Resolution Time will depend on the priority of the item(s) affected and the severity of the alert, as set out in the following schedule:
Alert Type Issue severity Response Time Resolution Time A-Priority Alert Highly critical alert. website is not available for use or a significant proportion of the contracted functionalities are not available. Within 4 hours Within 8 hours, inclusive of the A-Priority Alert Response Time. B-Priority Alert Critical alert. One or more elements of the website critical to the functioning of Customer’s business have ceased to respond completely or respond extremely slowly. Within 24 hours Within 24 hours, exclusive of the B-Priority Alert Response Time. C-Priority Alert Non-critical alert. One or more elements of the website have ceased to respond completely or respond slowly and a workaround is available. Within 48 hours Within 48 hours, exclusive of the C-Priority Alert Response Time. D-Priority Alert Notification of minor issue that does not prohibit Customer from utilizing the website in any material way. Within 48 hours Best effort.
- M16 Marketing’s Storage & Infrastructure
M16 Marketing uses WP Engine to provide the hosting and offers the possibility to store a virtually unlimited amount of data with guaranteed data durability of 99.999999999%.
- Problem Management
M16 Marketing Support regularly analyzes all Customer Requests via Basecamp in order to identify trends and bottlenecks.
M16 Marketing provides its Support Services and Professional and adheres to the WP Engine’s Information Security Policy.
The M16 Marketing team secures backups of all data and code in the following manner:
- Incremental backups of all uploaded media on multiple back-up servers (daily).
- Full backups of the database (daily, retention of 30 days).
In the (unlikely) event of damage or outage at WP Engine’s services, M16 Marketing will restore Customer’s data from the most recent backup. This will be treated as an A-Priority Alert. At Customer’s request, a backup or a part of a backup can be restored within 12 hours as part of support.
- Monitoring Policy
M16 Marketing monitors the website via an alert system. This means that whenever an issue arises M16 Marketing is ready to make updates. Urgent bug fixes that impact availability and critical features are applied immediately on production servers in accordance with the Resolution Time schedule. Third-party components in use by M16 Marketing (e.g. Themes, plugins etc.) are updated automatically whenever critical updates become available by WP Engine.
- Software Improvements
M16 Marketing will make available to Customer new versions, releases, and updates to the website to solve defects and/or errors, keep the website up-to-date with market developments, or otherwise improve (the operation or functionality of) the Product. These improvements may include bug fixes. New versions, releases, or updates will contain at least the level of functionality as set out in this SLA and as contained in the version or release of the Product previously used by Customer, and will not otherwise negatively impact Customer’s use of the Product. M16 Marketing shall make reasonable efforts to ensure that when performing such actions, the impact on Customer and its User(s) is limited.
- Updates to the SLA
This SLA may be updated at M16 Marketing’s discretion, but only after providing thirty (30) days’ notice, after which it shall be effective (“SLA Effective Date”). Such notice will be sufficient if provided to a User designated as an administrator of Customer’s Product account either: (a) as a note on the screen presented immediately after completion of the log-in authentication credentials at the login screen, or (b) by email with read receipt to the email address provided for the administrator(s) for Customer’s account. If Customer objects to any such changes, Customer’s sole recourse shall be to terminate the Agreement. Continued use of the Product following the SLA Effective Date of any update shall indicate Customer’s acknowledgement of such update and agreement to be bound by the updated SLA. When M16 Marketing changes this SLA, the “Updated” date below will be changed to reflect the publication date of the most recent version.
Updated: July 12th 2020.