SERVICE LEVEL AGREEMENT
UPTIME.
1. Uptime Service Level Agreement. Service Provider shall use all commercially reasonable efforts to ensure that the Service is available to Subscriber 99.9% of the time in any calendar month. If the Service falls below 99.9% in any calendar month, Service Provider will provide Subscriber the Service Credits described below (the “Uptime Agreement”).
| Monthly Uptime Percentage | Service Credit |
| Below 99.9% but above 99.0% | One day of Service credited to Subscriber’s account |
| Below 99.0% but above 95.0% | Ten days of Service credited to Subscriber’s account |
| Below 95.0% | Thirty days of Service credited to Subscriber’s account |
2. Service Credits Generated Upon Request. Subscriber is required to request Service Credits in order to receive them. Provider will monitor its Monthly Uptime Percentage, and credit Subscriber on its next invoice any Service Credits that are due upon request.
3. Maximum Service Credit. The aggregate maximum number of Service Credits Subscriber can claim for Downtime periods that occur in a single calendar month shall not exceed the equivalent of thirty days of Service value added to Subscriber’s account.
4. Exclusions. This Uptime Agreement does not apply to any performance issues: (a) caused by factors outside of Service Provider’s reasonable control; (b) that resulted from Subscriber’s actions or inactions, or the actions or inactions of a third party; or (c) that resulted from Subscriber’s equipment or third party equipment.
5. Definitions. The following definitions apply to this Uptime Agreement. Defined terms used here, but not defined here, are defined in the Agreement.
“Downtime”means, in a given calendar month, the number of minutes during which there is more than a ten percent user error rate. Downtime does not include Emergency Downtime or Scheduled Downtime.
“Emergency Downtime” means those times where Service Provider becomes aware of a vulnerability which, based on a risk assessment of the vulnerability, Service Provider determines requires immediate remediation and, as a result, the Service is made temporarily unavailable in order for Service Provider to address the vulnerability. Emergency Downtime is not considered Downtime for purposes of this Uptime Agreement.
“Monthly Uptime Percentage” means the total number of minutes in the calendar month minus the number of minutes of Downtime suffered in the calendar month, divided by the total number of minutes in the calendar month.
“Scheduled Downtime” means those times where Service Provider notifies Subscriber of Downtime at least seven days prior to the commencement of such Downtime, provided that there will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Uptime Agreement.
HELP DESK.
1. Method of Contact. Service Provider shall use all commercially reasonable efforts to provide technical support for the Service (the “Help Desk”) to Subscriber’s authorized users pursuant to the terms set forth herein. The Help Desk acts as a central point of contact for all technical support issues. These include issues related to system configuration, consultation, installation and troubleshooting. Support requests may be submitted online via email or by phone. Please note that due to staffing limitations phone support may not be immediately available at all times and waiting in queue is normal.
Email: support@fldata.com
Phone: +1 (281) 313-8200 ext. 4
2. Hours of Operation. Regular business hours are 8:00 a.m. to 5:00 p.m. Central Time, Monday through Friday. Exceptions may be made for closures due to holidays, administration, or inclement weather. During closures and non-business hours, Help Desk requests shall be answered in Service Provider’s discretion.
3. Subscriber Responsibility.Before contacting the Help Desk for service interruptions please verify power to network equipment and internet services. When contacting the Help Desk please have complete contact information (first and last name, company ID/name, and phone number) and a clear, specific description of the problem or request including any error messages received.
4. Help Desk Responsibility.Service Provider’s Help Desk team members will, using tracking software, call logs, and email transactions, maintain records of incoming requests as they are received. When receiving a request by telephone the Help Desk team member will attempt to determine the nature of the problem, create a service ticket, and refer the query to the appropriate technician or staff member. All requests will be handled according to the Priorities and Response Times statement below; all requests will receive an initial response the same business day the request is received. Notwithstanding any terms contained herein to the contrary, Service Provider shall not have any obligation to expand the scope of the Service by reason of offering the Help Desk.
5. Priorities and Response Times.The Help Desk will use the following guidelines in handling requests and will make all reasonable attempts to respond and resolve all requests within the timeframe allotted. Actual response and resolution times may vary depending on the volume of requests at any given time. If a request cannot be handled within the allotted timeframe the reporter will be notified and provided an estimated time of completion.
| Classification | Acknowledgement/ Response | Severity | Target Resolution Time |
| High | Acknowledgement in 15 minutes and update every 60 minutes until completed | All users are affected and/or Service is substantially non-functional | As quickly as possible |
| Medium | Acknowledgment in 1 hour and updates every 24 hours until completed | Elevated support request involving multiple Customers of Provider. Some users are affected and/or Service is partially non-functional | Should be completed within one business day from receipt |
| Low | Acknowledgment in 1 business day and updates upon request until completed. | Standard support request involving Customer use of Service. Most users are unaffected and/or Service remains substantially functional | Should be completed within 1-14 business days depending on issue |