SERVICE LEVEL AGREEMENT (SLA) – w3Box by Origin Labs, Inc.
a. Definition of Availability: The Subscription Services will be deemed Available if they are operational and functional, i.e., capable of displaying and processing information as contemplated in the ordinary course of business.
b. Uptime Metrics: The Subscription Services will be Available: i. 99.9% during Core Hours, defined as 9:00 am - 8:00 pm, EST, Monday through Friday. ii. 98% during Non-Core Hours.
c. Availability Calculation: The Actual Availability Level is calculated using the formula (X/Y) x 100%, where: - X = Minutes the Subscription Services are Available during the relevant time frame (Core or Non-Core Hours). - Y = Total minutes of the respective period (either Core or Non-Core Hours) minus the Minutes of Excused Downtime.
d. Excused Downtime: This downtime is not counted against the Subscription Services' uptime metrics. Causes include: - Unforeseeable factors beyond Origin’s reasonable control. - Actions or failures from the Client or third parties. - Maintenance periods initiated by Origin. - Any client-requested changes or updates.
e. Maintenance: Defined as scheduled disruptions to perform tasks like data transfers, system updates, software maintenance, etc. Maintenance outside of Core Hours aims to minimize user impact. Origin will notify the Client at least 24 hours before any Core Hours maintenance.
2. Support & Monitoring
a. Performance Assurance: w3Box assures that all developed software solutions will operate under the highest performance standards, in line with the Availability metrics.
b. Support Availability: Support related to software concerns and issues will be available from 9 am to 5 pm [Timezone], with a standard response time of [X hours] and a resolution time of [X days].
c. Monitoring: 24/7 monitoring of services is in place, ensuring performance is maintained and enabling swift action should issues arise.
3. Remedy for Service Downtime
a. Credit for Downtime: If the Actual Availability Level for either Core or Non-Core Hours doesn't meet the stipulated metrics: i. Origin pledges to address and rectify the causes of the service deviations. ii. Origin will issue a credit of 0.25% of the Subscription Fees for the impacted 30-day period for every 1% that the Actual Availability Level drops below the stipulated level, with a credit cap at 5% of the Subscription Fees. This credit will be applied to the Client's subsequent fee payment.
b. Termination Rights: The Client holds the right to terminate this Agreement if the Required Availability Level isn't achieved during either the Core or Non-Core Hours across three consecutive months. Termination should be enacted via written notice within 30 days of the last deviation occurrence.