This Service Level Agreement (SLA) defines the Support Services that Smoothwall will provide in respect of our Software. In the specific circumstances set out in this SLA, we may also provide diagnostic and remediation services for third party IT products and services.
Our Service Level Commitment to you confirms:
Our Service Level Commitment (see Schedule A at the end of this SLA) forms part of our Service Level Agreement, and together, these documents confirm:
This Service Level Agreement applies to any Support Services that we provide and is supplemental to and is incorporated into the Agreement pursuant to clause 2.6 of the Terms and Conditions of the Agreement. Unless expressly stated to be varied by this Service Level Agreement, the Terms and Conditions forming part of the Agreement fully apply and govern this Service Level Agreement.
1. Definitions and Interpretations
All initial capitalized terms in this SLA, unless expressly set out below, shall have the meaning given to them in the Agreement.
|24 x 7 x 365||the provision of Support Services at any time of any day.|
|24 x 5||the provision of Support Services from 8:30am Monday until 5pm Friday in the Customer’s timezone excluding weekends and public holidays.|
|Authorized Contact||a person named on the Smoothwall Customer Account (there may be multiple people named as an Authorized Contact).|
|Extra Care Service Level||the special Service Level Commitment that Smoothwall may grant to new Customers for a limited period of time during which all Incidents will be classified as P1, as specified in the Service Level Commitment.|
|Excluded Services||has the meaning as defined in paragraph 2.4.|
|Fault||any failure of the Software to operate in all material respects in accordance with the applicable specification.|
|Fix Time||the time measured from the time the Service Level Commitment for an Incident commences depending on the priority level and the Service Level Commitment until the resolution of the Incident in accordance with paragraph 6.2.|
|Incident||a specific, discrete issue that can be addressed by isolating its origin to a single cause, which may be a Fault or not (as determined by Smoothwall in its sole discretion).|
|P1, P2, P3||Incident priority levels 1, 2 and 3, as determined at the sole discretion of Smoothwall based on the following criteria:P1 denotes system is down; business is critically affected; majority of / all users affected.P2 denotes system is impaired; business is adversely affected but is operational; large proportion of users affected.|
P3 denotes system is operating with the Incident having limited impact upon users.
|Resolution||a solution (or Work-around) resulting in a satisfactorily resolved Incident pursuant to paragraph 6.2(b).|
|Service Credits||a solution (or Work-around) resulting in a satisfactorily resolved Incident pursuant to paragraph 6.2(b).units of currency purchased with Smoothwall consent (including by way of a ‘top-up’ pack) that are traded for support, transactions specified in the agreement and / or Consulting and Training services according to Smoothwall’s published tariffs.|
|Service Level Commitment||Smoothwall service level commitments specific to the Customer as set out in Schedule A to this SLA.|
|Support Hours||support hours are those as identified in the Service Level Commitment being either 24 x 7 x 365 or 24 x 5.|
|Support Period||the applicable duration of this SLA during which the Support Services are provided as stated in the Quotation.|
|Support Services||consist of the maintenance and support services for the Software described in this SLA and in particular paragraphs 2.1(b) and 6.1.|
|Work-around||a tactical (potentially partial) solution succeeding in returning the customer system to acceptable service for a short term pending a full resolution.|
* depends upon the provisions of the Service Level Commitment
2. Support Services
2.1 Support Services
2.4 Excluded Services
The Support Services do not cover the following:
3. Support Prices
3.1 The provision of Support Services is on a remote off-site basis (such as over the telephone or by email) within the Support Period and shall be included in the Support Price.
3.2 The provisions of Support Services outside the Support Period or at the Customer premises or the provision of Excluded Services shall be charged for as an Additional Service in accordance with clause 10 of the Terms and Conditions that constitute the Agreement.
3.3 Any services provided by Smoothwall in connection with any apparent problem regarding the Software reasonably determined by Smoothwall not to have been caused by a Incident, but rather by a cause set out in paragraph 2.4 or a cause outside of Smoothwall’s control including any investigational work into such causes resulting in such a determination are chargeable to the Customer either as a break/fix Incident resolution in accordance with paragraph 7.2 or as an Additional Service under the Agreement.
4. Submitting Incidents
4.1 Incident Reporting
4.2 Incident Escalation
Depending upon the provisions of the Service Level Commitment, in the event that there is a prevailing special circumstance (eg a ‘one off’ urgency) within their business, the Customer may escalate the priority of reported Incidents above the level set within the definitions in this SLA by expending available Service Credits. For each priority level escalated, 1 Service Credit will be decremented from their balance (eg P3 to P2, P2 to P1). At the cost of an additional (1) Service Credit, the Customer may optionally escalate a P1 Incident to P1 24 x 7 x 365 service response should it be the case that their Service Level Commitment does not provide for this coverage. All priority and service hour escalations must be requested by telephone to avoid unnecessary time delays and ensure clarity of understanding.
5. Customer obligations
Incident diagnosis and resolution may require the active participation of Customer staff to provide information, assistance and carry out requested tasks in a timely manner. For the discharge of the responsibilities of Smoothwall under this SLA, the Customer agrees to use all reasonable endeavors to execute all requests from Smoothwall and provide Smoothwall with information in a timely fashion. Smoothwall service time calculations will omit the Customer time taken to complete delegated actions and requests.
It is a requirement of this SLA that the Customer takes regular backups of Smoothwall configurations, especially before applying software updates or making configuration changes.
5.3 Software Updates
The Customer will take all reasonable measures to ensure that all Products are maintained fully up-to-date with the latest software updates. Smoothwall will determine which Products are up-to-date and in the event that the Customer wishes to receive Support Services in respect of a Product Smoothwall has determined is not up-to-date, Smoothwall shall provide such services at its discretion and as an Additional Service.
6. Service Commitments
6.1 Service Commitments
Where immediate Incident resolution is not possible, it may be prudent to implement a Work-around solution while a permanent solution is investigated, tested and implemented. A Work-around is intended to provide a ‘return to service’ functioning system expeditiously. This may mandate changes to (or implementation of) manual working processes at the Customer site, or reversion to an earlier version of the Smoothwall system configuration. Where such a Work-around is proposed by Smoothwall, projected completion timescales for the implementation of a complete resolution will be given.
7. Service Credits
7.1 The Customer must sustain a positive Service Credit balance in order to obtain Support Services. The balance must be sufficient to cover any proposed Customer transaction (such as Incident priority escalation). Support Services take the form of break/fix resolutions (Incidents), optional consulting services or Customer transactions (eg Incident priority escalation or P1 24 x 7 x 365 service hours escalation) designed to optimize the Customer’s Smoothwall system and related infrastructure throughout this SLA term.
7.2 Each ‘break/fix’ Incident resolution will consume 1 Service Credit unless:
7.3 Customer consumption of optional transactions and consulting services will either decrement their Service Credit balance according to the published Smoothwall tariff or be chargeable as an Additional Service under the Agreement. Smoothwall will ensure that the Customer is aware of their Service Credit balance. At the end of the term of this SLA and subject to it being renewed, Smoothwall will have sole discretion on the loss or transfer of the outstanding Service Credit balance to a new SLA. In all circumstances, there will be no re-imbursement of unspent Service Credits.
7.4 In the event that Smoothwall should fail to achieve the performance target for any Incident in accordance with the Service Level Commitment, then the Customer shall be entitled to a refund of the Service Credit(s) spent for that Incident.
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