Service Level Agreements
SWINGCLOUD™ Service Level Agreement
We use commercially reasonable efforts to maintain SWINGCLOUD™ is available at least 99.3% of each calendar month. Availability is calculated by dividing the total number of minutes of Uptime (defined below) during the applicable calendar month by the total number of minutes in such month, minus minutes of SWINGCLOUD™ Outages (defined below) occurring due to scheduled maintenance or attributable to Third Party Actions (defined below), and multiplying that amount by 100. The formula for this calculation is as follows:
Availability = (X / Y) x 100
X= Total number of minutes of Uptime during calendar month
Y= (Total number of minutes in such calendar month) – (Total number of minutes of Outages from scheduled maintenance and Third-Party Actions)
For the purposes of this calculation, (i) An “Outage” means SWINGCLOUD™ is completely unreachable when your Internet connection is working correctly, (ii) “Uptime” means the number of minutes where there were no SWINGCLOUD™ Outages, excluding Outages for scheduled maintenance and Third Party Actions, and (iii) “Third Party Action” means any action beyond TeeBase’s reasonable control including, without limitation, the performance of Internet networks controlled by other companies or traffic exchange points that are controlled by other companies, labour strikes or shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes and material shortages. If a dispute arises about whether or not an Outage occurred, TeeBase shall make a determination in good faith based on its system logs, monitoring reports and configuration records, and as between customer records and TeeBase records, TeeBase records shall control. TeeBase shall not be responsible for any SWINGCLOUD™ Outages arising out of Third Party Actions.
Service Credits For Failure to Meet SWINGCLOUD™ SLA
If TeeBase fails to meet the required 99.3% SWINGCLOUD™ Service Level Agreement availability in any calendar month, TeeBase will issue a Service Credit to you as set forth below, upon your request:
System Availability Percentage Service Credit
≥ 99.3% 0 days
97.5% – 99.29% 2 days
95.00% – 97.29% 5 days
< 95.00% 10 days
“Service Credit” means a credit of extra days to be added to the end of the term of this Agreement at no additional charge to you .
You must request a Service Credit within thirty (30) days of learning that you are eligible for such Service Credit. The aggregate maximum number of Service Credits to be issued by us to you for all Outages in a single calendar month shall not exceed ten days of Service added to the end of your term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts. The Service Credits described herein are your sole and exclusive remedy for any failure by TeeBase to meet the SWINGCLOUD™ Service Level Agreement.
Netlinkz™ Service Level Agreement
Support Severity Levels
Incidents are classified according to levels of severity as detailed in the table below
|1||Critical||Overall network is inoperable resulting in total or major loss of functionality to customer operations -or- an error renders Netlinkz™ completely unusable with no workaround. A large number of users and/or core software functionality is severely impacted. *|
|2||Major||Overall customer network is degraded resulting in severe limitation to customer operations -or- an error renders the Netlinkz™ to be consistently unusable or obstructed with only a difficult workaround. Use of Netlinkz™ is acutely degraded and causes continuing operational risk. A moderate number of users are significantly impacted but overall Netlinkz™ continues to function.|
|3||Medium||Network component down, network problem or functional loss resulting in partial limitations to customer operations –or- Netlinkz™ has feature that is dysfunctional, but has no simple workaround. This could be a reported ‘bug’ where a ‘workaround’ has been applied; the result is no current impact on operational environment.|
|4||Minor||Netlinkz™ has minor feature that is dysfunctional, but has workaround or Netlinkz™ contains a cosmetic defect. These are errors that do not affect the daily use of Netlinkz™. These are errors which can be accepted for a period of time but you would eventually want changed. This could also be a software enhancement request, or a request for information.|
|5||Misc. and Other||The issue will be addressed as and when the maker of Netlinkz™ deems appropriate|
* In the event that you make Level 1 requests for support for the same problem originating in Netlinkz™ more than twice in a single 24-hour period, the problem will automatically be re-categorized as a major priority and we shall devote appropriate resources to resolve the problem as soon as practicable.
Service Levels Matrix
|SEVERITY||RESPONSE||RESOURCE ASSIGNED||UPDATES||TARGET* RESOLUTION|
|Critical||1 hr||4 hr||Every 4 hrs||24 hours|
|Major||4 hrs||8 hrs||Every 8 hrs||5 business days|
|Medium||24 hrs||5 business days||Every week||14 business days|
|Minor||48 hrs||Next software update|
These Target Resolution times, as outlined above, are targets only and are not binding upon us.
Due to technical dependencies and other factors, certain incidents classified as Medium and Minor may be resolved in the next release rather than in a production patch.
This Schedule does not apply to the following events, or to Faults caused by the following events:
- Remediation services in connection with malicious programs (e.g. viruses, worms or trojans) or conflicts on or with software we did not install;
- Network or carriage service issues, other than those caused by the Software; and
- Events outside of our reasonable control.
|Level I Help Desk||Immediate||Immediate||Immediate||Immediate|
|Level II engineer||Immediate||Immediate||4 hrs||16 hrs|
|Level III engineer||Immediate||12 hrs||24 hrs||As required|
|Level IV engineer||4 hrs||8 hrs||32 hrs|
- Service Desk Contacts
The Reseller Level I support can be contacted as follows:
8 Hours 5 days/week (excluding UK Public Holidays)
Technical Support Contacts
Telephone Number +44 20 3129 3392
If Netlinkz™ fails to meet the Service Level Agreement availability in any calendar month, TeeBase will issue a Service Credit to you as set forth below, upon your request:
Service Credit Request Process
To receive a service credit, you must submit a credit request, to email@example.com within 10 days of the end of the calendar month in which you believe Netlinkz™ failed to meet the response times set out in the Service Level Matrix above. A credit request must include details and dates of the relevant incidents and any other information reasonably required by us. You will only be entitled to a service if you reported more than One Level III or IV Support incidents within the relevant calendar month (Minimum Incidents).
In connection with Service Credits:
- Actual Service Level = total accumulated Level III and IV support desk actual response times to your incidents requiring Level III or IV Support and which are reported to us within the relevant calendar month; and
- Monthly Fee, for a subscription period, means the total license fee paid by you to us for the subscription period divided by the number of months in that subscription period.
- Required Service Level = the total accumulated required response times in relation to all of your incidents requiring Level III or IV Support and reported to us within the relevant calendar month that we are required to meet as set out in the Service Level Matrix above. For example, if 1 Critical incident and 1 Major Incident requiring Level III support is raised during a calendar month, the Required Service Level will be equal to 5 hours.
In the event that the Actual Service Level exceeds the Required Service Level by more than 1% in any calendar month of your Subscription Term, your sole and exclusive remedy shall be to request the applicable service credits of the following service credits in accordance with the process described above:
(a) if the Actual Service Level exceeds the Required Service Level for you by between 1% and 5% in a calendar month, a service credit of 5% of the Monthly Fee for the relevant Software License impacted by the failure to meet service credits;
(b) if the Actual Service Level exceeds the Required Service Level for you by more than 5% and but less than 15% in a calendar month, a service credit of 10% of the Monthly Fee for the relevant Software License impacted by the failure to meet service credits; or
(c) if the Actual Service Level exceeds the Required Service Level for you by 15% or more, a service credit of 15% of the Monthly Fee for the relevant Software License impacted by the failure to meet service credits.