SERVICE LEVEL AGREEMENT
All terms capitalized but not defined herein shall have the meanings ascribed to such terms in the ApexaIQ terms and conditions, available at https://www.apexaiq.com/legal/terms-conditions/ (the “Terms and Conditions”).
All terms capitalized but not defined herein shall have the meanings ascribed to such terms in the ApexaIQ terms and conditions, located in Exhibit B (the “Terms and Conditions”)
A. Service Levels
- Definition of Uptime: “Uptime” means the Apexa SaaS platform is up and available for access through the Internet, excluding scheduled downtime not to exceed 8 hours per month.
- Commitment: ApexaIQ shall use commercially reasonable efforts to (i) ensure that the Uptime of the Apexa SaaS Platform is no less than 95.9% in any given calendar month, and (ii) investigate any failure to meet the Uptime and determine the underlying cause. Upon Customer’s reasonable written request, ApexaIQ shall report the results of its investigation and its planned remediation to address the identified underlying cause. Customer’s sole and exclusive remedy in the event of a failure to meet the Uptime shall be the provision of support by ApexaIQ in accordance with the terms set forth below.
- Exceptions: The following shall be excluded for purposes of the Uptime commitment calculation:
(i) downtime caused by Customer or Customer’s affiliates or agents, including downtime caused by Customer’s configurations, software, hardware, web services or other technologies used by Customer.
(ii) downtime of the Apexa SaaS Platform attributable to the general downtime of any of ApexaIQ 's downstream cloud services and infrastructure providers.
(iii) scheduled downtime for maintenance or support.
(iv) use of the Apexa SaaS Platform that is not in accordance with its documentation or the Terms and Conditions.
(v) downtime resulting from denial of service attacks, virus attacks, or hacking attempts.
(vi) any other circumstances that are not within ApexaIQ’s reasonable control, including the availability of the Internet. Non-availability of certain features or functions of the Apexa SaaS Platform is also excluded if such features or functions do not materially impair the use of the Apexa SaaS Platform.
B. Customer Support
- Help Desk: ApexaIQ will provide support during regular business hours (9:00 AM through 5:00 PM EST). To contact ApexaIQ Support, please use one of the following methods:
1. Click the “headphone” icon in the upper right corner of the Apexa application
2. Go to this link (https://customersupport.apexaiq.com/) and submit a ticket (or browse our knowledgebase)
3. Send an email to customersupport@apexaiq.com - Error Reporting: ApexaIQ will submit the report of any Error (as defined below), based on ApexaIQ’s reasonable instructions. “Error” means a reproducible and documented error in the Apexa SaaS Platform, where such error results in the Apexa SaaS Platform’s failure to operate in accordance with ApexaIQ’s documentation.
ApexaIQ will use commercially reasonable efforts to respond to each Error reported according to the following time frames.
Severity Level | Severity Definition | Response Time & Initial Status Update 1 | Target Resolution Time 2 |
---|---|---|---|
1 | Failure in the production operation of the Apexa SaaS platform causing severe impact on ability to access the Apexa SaaS platform and/or run business critical reports from the platform. No acceptable workaround is in place. | 4 business hours | 1 business day |
2 | Intermittent failure in the production operation of the Apexa SaaS platform that causes moderate degradation in performance or functionality, resulting in a major operational impact on ability to access the Apexa SaaS platform and/or run business critical reports from the platform. A workaround may be available. | 1 business day | 3 business days |
3 | Minor impact in the production operation of the Apexa SaaS platform where the Apexa SaaS platform is operational, but a technical issue exists that may need resolution. This includes issues where an acceptable workaround is usually available and/or a documentation issue exists. | 3 business days | 7 business days |
4 | No impact in the production operation of the Apexa SaaS Platform where the Apexa SaaS Platform is operational. A feature, functionality, or bug where development effort is required to change the behavior of the application. Depending on the effort required (if approved) will be determined and communicated via the customer success team. | 7 business days | Per case basis |
1. Response Time means acknowledgement of an event.
2. Resolution may take the form of a fix or workaround.