Overview of System Coverage
This standard Service Level Agreement covers the standard terms between (the “Client”) and Refined Data Solutions, Inc. (the “Service Provider”) or (“Refined Data Solutions”).
All terms described herein extend the service levels pertaining to Refined Data solutions.
Refined Data Solutions, Inc. Help Desk hours of operation (1st response):
1 (877) 643-6439, firstname.lastname@example.org
Core Hours: Monday to Friday 8:00am to 5:00pm EST
Escalations can be directed to: Caroline Reilly, Manager, Client Engagement
email@example.com, 1 (877) 643-6439 x702 or Option 5
- (a) Refined Data Solutions shall:
- (i) Measure, monitor and track the performance of its services and obligations, conduct internal audits and self-testing, and compare such performance to the service level agreements and other specifications and standards provided for in this Agreement;
- (ii) Detect and promptly remediate deficiencies; and,
- (iii) Report such deficiencies and remediation’s to the Client on a basis as agreed between the parties in a form mutually agreed to by the parties, and allow an opportunity for the Client to assess or comment on Refined Data Solutions’ services and obligations, irrespective of any other measurements.
- (b) Subject to Refined Data Solutions Confidentiality, Security and Data Protection policies and procedures:
- (i) Refined Data Solutions will discuss with Client personnel, or provide summaries to Client of, any material violations of compliance-related policies and procedures by Refined Data Solutions personnel related to the provided solution’s performance hereunder; and,
- (ii) Refined Data Solutions will promptly notify Client of (and, if requested by Client, provide Client summaries of) material changes to Refined Data Solutions’ compliance-related policies and procedures applicable to Refined Data Solutions’ performance hereunder.
2. Fit for Purpose
- (a) Prior to the commencement of services being provided to Client, appropriate Acceptance Tests shall be performed on the software and/or online services to be hosted or developed by Refined Data Solutions or its subcontractors and/or any customizations or modifications in them to be made by Refined Data Solutions and its subcontractors to determine whether:
- (i) The Refined Data Solutions’ Software and Online Services have successfully integrated consistent with the specifications and performance standards contemplated in this Agreement; and,
- (ii) The Refined Data Solutions’ Software and Online Services perform repetitively with a variety of content and with multiple users without material failure and with quality of the nature contemplated in this Agreement (“Acceptance Tests”).
In the event that any of the Acceptance Tests establishes that the Refined Data Solutions’ Software and Online Services do not perform in accordance with the required specifications and performance standards, Client shall forthwith notify Refined Data Solutions in reasonable detail and suggesting how Client would like such failure to be remedied, and Refined Data Solutions shall, at its expense and promptly after receipt of Client’s notice, modify or improve the Refined Data Solutions’ Software and Online Services to ensure that they perform in accordance with such specifications and performance standards. Refined Data Solutions and Client shall thereafter conduct further Acceptance Tests as needed, and Refined Data Solutions shall modify or improve the Refined Data Solutions’ Software and Online Services as necessary. No testing approval shall be deemed to be given until it is provided in writing by Client, and any time limitation on testing otherwise provided in this Agreement shall be extended until such approval is given. For clarity, Refined Data Solutions’ Software and Online Services excludes any software licensed by third-parties. Such third-party software includes, without limitation, Adobe Connect Pro and Moodle.
3. Service Disruptions
- (a) After commencement of services being provided to Client, Client shall notify Refined Data Solutions if the Refined Data Solutions’ Software and Online Services have failed to satisfy the specifications and standards contemplated hereby or if Refined Data Solutions is in default of its service level agreements, specifying any failure or default in reasonable detail and suggesting how Client would like such failure to be remedied, and Refined Data Solutions shall, at its expense, promptly after receipt of Client’s notice, modify or improve the Refined Data Solutions’ Software and Online Services or take other corrective action in order to bring the Refined Data Solutions’ Software and Online Services into compliance with such specifications and standards or improve its service to comply with such service level agreements. Failure of the Refined Data Solutions’ Software and Online Services to meet such specifications and standards or of Refined Data Solutions to comply with such service level agreements within a reasonable period, but not more than thirty (30) days, after Refined Data Solutions’ receipt of Client’s notice shall entitle Client, if they think appropriate, to send a notice of default as provided within this Agreement with regard to such failure.
- (b) Refined Data Solutions will repair errors, bugs, or defects in Refined Data Solutions’ Software and Online Services, and provide second level support. Refined Data Solutions will respond promptly to Client’s reports detailing problems with Refined Data Solutions’ Software and Online Services.
- (c) Incidents are characterized as follows:
|Severity 1 High Priority||Refined Data Solutions’ Software and Online Services are not operational for multiple users, or a Core function of the Refined Data Solutions’ Software and Online Services is not operational for multiple users.
|Severity 2 Medium Priority||Refined Data Solutions’ Software and Online Services are not operational for a single user. A Core function of the Refined Data Solutions’ Software and Online Services is not operational for a single user.
|Severity 3 Low Priority||A Minor or Ancillary function of the Refined Data Solutions’ Software and Online Services is not operational for one or more users (who can continue to use other application functions). A user has questions about Refined Data Solutions’ Software and Online Services functionality, or needs administrative assistance. Enhancement requests, to the extent provided for under this Agreement, will be logged as Priority 3, after they are reviewed, accepted, and scheduled by the parties.|
- (d) Refined Data Solutions’ help desk (the “Help Desk”) will prioritize requests for support according to their corresponding Severity level. Issues reported during Refined Data Solutions core hours of operation (Monday to Friday 8:00am to 5:00pm) will receive an acknowledgement of receipt within 1 hour of reporting the issue, providing the Client with the Severity Level. Issues reported outside of the Help Desk’s core hours (i.e. during Extended Support Hours) will receive a response within 4 hours. The Help Desk will also prioritize to the same levels, Client service and training issues as well as technical issues.
- (e) Subsequent updates on the status of the issue will be provided at the intervals as described below:
|Priority||Status update interval|
|1||Every 4 hours during business hours (i.e. 3 times per business day)|
|2||Every 8 hours (i.e. once per business day)|
|3||Every 2 business days, until a resolution time can be established for remediation through a formal change introduced into the system (e.g. patch release for a defect).|
- (f) Refined Data Solutions will provide best efforts to resolve or circumvent a problem reported to the Help Desk as follows:
|Priority||Target Resolution Time|
|1||1 business day.|
|2||3 business days.|
|3||5 business days. Refined Data Solutions may, for as long as necessary, simply disable an Ancillary function, rather than resolve it. Should the final remediation of the issue result in a deployed change to the configuration (e.g. patch release); the Client will receive a target date for that deployment as ‘resolution’ to the service disruption. Deployment of the configuration change will then be scheduled at the earliest mutually agreed upon time between Refined Data Solutions and the Client.|
- Availability of the online services that are part of the Refined Data Solutions’ Software and Online Services will be guaranteed at 5% of the Client’s operating hours of business, excluding the items defined in the Exceptions Section below. The online services shall be deemed not available for any period of time that the online services are not able to process queries from users or the responses to such queries are unreasonably slow due to lack of server bandwidth or other constraints.
- Availability is measured as the percentage of a particular calendar month that the online services are available for access by third parties via HTTP and HTTPS.
- Availability guidelines do not incorporate data-loading services or any other processing or maintenance activities occurring outside of the Client’s defined core hours of business. (see Exceptions below)
The availability guarantee set forth above shall not apply to the following service interruptions:
- Scheduled maintenance and upgrades;
- Unscheduled necessary maintenance is defined as resulting in less than one half hour of unavailability. Refined Data Solutions will use commercially reasonable efforts to give Client two (2) hours advance notice of unscheduled necessary maintenance.
- Routine scheduled maintenance is defined as resulting in less than two (2) hours of unavailability, and Refined Data Solutions will use commercially reasonable efforts to schedule such routine maintenance outside of the Client’s key operating hours. Refined Data Solutions will use commercially reasonable efforts to give Client forty-eight (48) hours advance notice of routine scheduled maintenance.
- Extensive scheduled maintenance is defined as resulting in more than two (2) hours of unavailability and will be scheduled for Saturday and/or Sunday. Refined Data Solutions will use commercially reasonable efforts to give Client seven (7) days advance notice of extensive scheduled maintenance.
- Upgrades are defined as updates to Refined Data Solutions’ Software and Online Services. Upgrades will be applied during a routine scheduled maintenance window or other mutually agreed timeframe.
- Any other activities scheduled jointly between Refined Data Solutions and the Client during the Client’s defined core hours of business which may result in an anticipated service disruption.
- Outages due to Client-requested events such as intrusive testing, data loading, custom export or usage outside SLA parameters.
- False SLA breaches reported because of outages or errors of any Refined Data Solutions or third-party measurement system;
- Circumstances beyond Refined Data Solutions’ reasonable control, including, without limitation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software and/or online services or inability to obtain raw materials, supplies, or power used in or equipment needed, acts of any governmental body, war, insurrection, sabotage or other criminal act, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, for provision of this SLA.
- A list of compatible browsers will be made available on our websites (www.refineddata.com) and updated with each release against the component products comprising the solution provided to the Client described herein.
- Refined Data Solutions shall, and shall cause its employees, agents, servants, principals and any subcontractors to, at all times comply with all applicable laws, rules, regulations and Client policies, including privacy and information security laws and regulations and Client policies regarding non-public personal information of users of the Refined Data Solutions’ Software and Online Services that could be used, either directly or indirectly, to identify such persons (“Personally Identifiable Information”). Without limiting the generality of the foregoing, Refined Data Solutions agrees:
- Not to collect, store, process, disseminate or use any such Personally Identifiable Information except to the extent expressly permitted or required in the performance of its obligations under this Agreement; and,
- Not to sell, distribute, release or disclose lists or compilations of any items of Personally Identifiable Information without the prior written consent of Client. Any disclosure of Personally Identifiable Information by Refined Data Solutions in the performance of its obligations hereunder shall be made only on a “need-to-know” basis and subject to an appropriate confidentiality agreement.
- Without limitation of its obligations under paragraph (a) above;
- Refined Data Solutions shall take all commercially reasonable measures to protect the Personally Identifiable Information of users of the system;
8. Disaster Recovery
Refined Data Solutions employs industry best practices to provide a redundant and resilient architecture with multiple sites to mitigate failures. Should a server instance fail, or a complete site experience failure or service disruption, there are redundant servers and sites. In most cases failover would be seamless, however in the event of a major disruption Refined Data Solutions will notify the Client and the Severity 1 protocol as described herein will apply.
- (a) If Client believes that a service level commitment herein is not being met, it shall notify Refined Data Solutions of the perceived problem. Refined Data Solutions shall promptly investigate any such matter and respond within one business day by either:
- (i) Acknowledging the shortfall, and summarizing the steps and estimating the time necessary to correct it; or,
- (ii) By disagreeing that any commitment has not been met and explaining its reasons. If more than one problem is asserted, Refined Data Solutions shall respond separately to each.
- (b) If Client believes that the response is insufficient, the parties shall meet in person or by teleconference as promptly as possible to discuss and attempt to resolve such differences. If the parties are unable to resolve all differences at that meeting, then they shall resolve such differences as they are able, and Refined Data Solutions shall proceed immediately and diligently in accordance with such resolution, and Client may, if it thinks appropriate, send a notice of default as provided within this Agreement regarding any unresolved difference.