LNRD SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) sets out the Service Level Period under which LNRD shall provide Customer with technical support. Any capitalized term not defined in this SLA shall have the meaning given in the LNRD Subscription Agreement (“Agreement”). Any conflict between the terms of this SLA and the terms of Agreement regarding the description, delivery or specific requirements of the services under this SLA shall be resolved in favor of the terms of this SLA; all other conflicts between the terms of this SLA and the terms of the Agreement shall be resolved in favor of the Agreement.
For avoidance of doubt it is made clear that the technical support and ability to fulfill the required SLA detailed herein is subject to the needed cooperation and assistance from Customer as may be needed to fulfil such responsibilities, and full responsibility of Customer and subject to Customer’s fully maintaining the on premises parts of the services.
Technical Service Level Standards
LNRD will provide no less than ninety-five percent (95%) services Availability, as calculated on an annual basis, subject to the Exclusions below.
“Availability” shall mean the portion (in percentage terms) of Scheduled Uptime that the Platform and/or Mini-Site is actually available for Use:
Scheduled Uptime = (Service Level Period) – (Scheduled Maintenance Windows)
% Availability = (Scheduled Uptime – Time Unavailable)/(Scheduled Uptime)
“Available For Use” shall mean that all of the supported functions and features of the Platform and/or Mini-Site is capable of sending and receiving data to and from the Internet.
“Service Level Period” means 8:30 a.m. and 5:30 p.m. Israel standard time, Monday through Friday, excluding holidays.
“Time Unavailable” shall mean any period of time during the applicable Service Level Period that the Platform and/or Mini-Site is not Available for Use, except for the Exclusions set forth below.
“Scheduled Downtime” shall mean the total minutes during the year represented by the Scheduled Maintenance Window.
“Scheduled Uptime” shasll mean the total minutes during the year less the total minutes represented by the Scheduled Downtime.
Time Unavailable – “Exclusions”
Time Unavailable shall not include the aggregate amount of time during which the Platform and/or Mini-Site is not Available for Use due to:
“Issue” means an error condition that causes the Platform and/or Mini-Site to fail to operate substantially in compliance with the Documentation.
“Bug” means an Issue which can only be resolved via a change to the Platform and/or Mini-Site code.
“Documentation” means any manuals, specifications, and similar documentation related to the Platform and/or Mini-Site, which accompanies the Platform and/or Mini-Site, or which otherwise are provided directly to Customer by LNRD, which Documentation may change from time to time.
“Enhancement” means a new version of a Platform and/or Mini-Site which LNRD makes generally available to its customers who are eligible to receive Support, which may improve the functionality of, or add minor functional capabilities to the Platform and/or Mini-Site.
“Restoration” means the time elapsed until a Workaround or permanent solution to the Issue has been provided according to the severity classification.
“Updates” means any updates (such as a fix or patch), upgrades or other enhancements of the Platform and/or Mini-Site.
“Workaround” means a temporary error correction or change in operating procedure allowing Customer to continue to use the Platform and/or Mini-Site.
“First Analysis” means the first response which includes the initial outcome of support work conducted on the case. First analysis can include the analysis of provided information or an action plan or a request for further information.
All capitalized terms not defined above shall have the meaning set forth in the main body of the license Agreement.
During the Term of the Agreement and subject to Customer’s payment of its fees under the Agreement :
Fatal: An Issue preventing any use of the Platform and/or Mini-Site, rendering the Platform and/or Mini-Site unusable. e.g., Platform and/or Mini-Site is unreachable.
Severe Impact: Issue disabling major functions from being performed. This condition exists when the Platform and/or Mini-Site is partially inoperative, but is still usable by Customer or an essential part of the Platform and/or Mini-Site is unusable due to defect.
Degraded Operations: Customer’s use of the Platform and/or Mini-Site is somewhat compromised, but all essential parts can be used.
Minimal Impact: Includes all other Issues or Inquiries. This condition generally exists when the Platform and/or Mini-Site is usable and the problems consist of inconveniences, deviation from Documentation or minor failures involving individual components of the system.
All categories above apply only to issues within the control of the LNRD or its hosting partners.
Upon receipt of service ticket and initially classifying the Severity of the reported Issue, LNRD shall use commercially reasonable efforts to promptly contact Customer to confirm the Severity Level of the Platform and/or Mini-Site call, and shall use commercially reasonable efforts to respond to error reports and service calls according to the table below. In the event that LNRD and Customer do not agree on the Severity Level, LNRD on its sole discretion would determine the Severity Level and notify Customer for the reasoning of the Severity Level decision.
LNRD will begin work on the problem within four (4) hours of receipt of notification of the problem during normal business hours. LNRD shall use commercially reasonable efforts to resolve such problem.
LNRD will begin work on the problem within two (2) working days of receipt of notification of the problem from Customer during normal business hours. LNRD shall use commercially reasonable efforts to resolve such problem and work during its normal work hours to resolve the problem.
LNRD will provide initial response within fourteen (14) working days of receipt of the notification of the problem from Customer, and will consider fixing in its next update, if appropriate.
Time Not Included:
The measurement of time until Work Undertaking shall be suspended (a) during delays not caused by LNRD (such as delays in response by Customer to questions or requests from LNRD for information required or other required actions; and (b) Customer unauthorized modification of the Platform and/or Mini-Site or improper operation by Customer or use outside of the scope of the license granted under the Agreement; (c) any failure of the computer hardware, the computer operating system and/or third party software utilized by Customer; (d) the Platform and/or Mini-Site has been installed or operated other than in accordance with LNRD’s installation and operations instructions, including, without limitation, on computer hardware, or operating systems other than for which that update was designed; (e) Customer has failed to install the most recent update made available to Customer.
Notwithstanding the foregoing, LNRD shall make commercially reasonable efforts to deliver Platform and/or Mini-Site fixes to Bugs as quickly as possible based on the Severity Level of the reported issues.
Follow LNRD’s instructions, Documentation and suggestions regarding use, Workarounds, configuration changes or other related actions.