Service Level Agreement

Version 2023

SUPPORT

    1. Definitions:
      • Defined terms used in this Service Level Agreement (“SLA”) shall have the meaning set forth in the Master Software Services Agreement unless otherwise defined herein.
      • “Bug Fix” means a patch, fix, workaround, procedure, or routine that fixes an Error.
      • “Error” means an error or a bug that results in or from any of the Software not (i) properly operating or conforming to its specifications or documentation, or (ii) running, interfacing and/or operating with the Supported Platforms.
      • “Supported Platform” means the databases, operating systems and other software and hardware required to provide the Licensed Platform and Services under the Agreement.
      • “Upgrade” means a new release, version, or revision of software to add new and different functions or to increase the capacity of the Licensed Platform or Services.
    2. Support Availability.  Line-Scape Support will be available to Client’s information technology department or help desk associates Monday through Friday, except federal holidays between the hours of 9:00AM and 5:00PM Central Time.
    3. Client Case Information. Client will provide Line-Scape with the following information when contacting Line-Scape for support: (i) Client name; (ii) caller’s name and position with Client; (iii) contact information; (iv) the Line-Scape Service at issue; (v) description of issue; (vii) any other applicable information which may assist in resolving the issue.
    4. Data and Communications Restoration. In the event that failure of any component of the Licensed Platform requires the restoration of data in whole or in part, Line-Scape will make commercially reasonable efforts to restore of any required data within twenty-four (24) hours.  In the event of a loss of data, data will be restored from the most recent available backup.  In the event of loss of communications, the parties will use their best efforts, working with the communications provider, to restore communications as promptly as possible. Restoration of communications is subject to the responsiveness of and timely performance of corrective measures by the communications provider.  Line-Scape shall make commercially reasonable efforts to restore any part of the communications link that is under Line-Scape’s direct control within twenty-four (24) hours.
    5. Priority Level Classification. A priority level will be assigned by Line-Scape to each case submitted to Line-Scape Support. Each priority level defines the significance of the issue, and aids in determining the operational and product impact of the issue. The following priority level guidelines will be used by Line-Scape to ensure proper urgency, escalation and shift transition practices are associated with each case:
Priority 1: Critical

Catastrophic impact to mission-critical functionality resulting in extremely serious interruptions to Client’s system. Tasks that should be executed immediately cannot be executed because of a complete crash of the system or interruptions in main functions of the production system. Data integrity is compromised and the service request requires immediate processing as the issue can result in financial losses.  Examples of Priority 1 issues include:

      • Total loss or continuous instability of mission critical functionality
      • System is down resulting in users experiencing a total loss of service
      • Inability to use a feature or functionality that is currently relied upon for mission critical functionality

Line-Scape Responsibilities for Priority 1 issues:

      • Resources dedicated 24×7 until resolution or workaround in place
      • If requested, Client will be notified every 2 hours of progress until issue is resolved
      • Developer resources will be assigned immediately to fix the issue as soon as the issue is reproduced in our test lab

Client Responsibilities for Priority 1 issues:

      • Phone call to Line-Scape support to ensure that they are aware that this issue is Critical
      • Provide all relevant information relating to the Client case information set forth above (Section 1.3)
      • Designate resources to be available 24×7 to work with Line-Scape on resolution and provide reasonable cooperation to Line-Scape in connection with reaching a resolution, including if necessary providing Line-Scape access to view the Error using remote connectivity software or other cooperation necessary in connection with Line-Scape’s efforts to reproduce or replicate the issue.
Priority 2: High

Significant impact to mission critical functionality resulting in serious interruptions to normal operations or will negatively impact an enterprise-wide production system rollout. In a production system, important tasks cannot be performed, but the error does not impair essential operations, processing can still continue in a restricted manner, and data integrity may be at risk. Examples of Priority 2 issues include:

      • Issues that are impairing, but not a total loss of, mission-critical functionality
      • Intermittent issues that affect mission-critical functionality
      • Inability to deploy a feature that is not currently relied upon for mission-critical functionality

Client will receive a response within 1 day, and Line-Scape will diligently follow up thereafter to promptly provide a Bug Fix or other measures to effectively downgrade the issue to a lower priority.

Priority 3: Medium

Minimal impact to Client operations. It does not prevent operation of a system, or there could be minor degradation in performance. The error is attributed to malfunctioning or incorrect behavior of the software. Examples of Priority 3 issues include:

      • Issues on the system that are not causing impact to mission-critical functionality
      • Non-repeated issues that have impacted mission-critical functionality but have since recovered
      • Time sensitive questions or information requests

Client will receive a response within 3 days, and any Errors may be addressed by an Update or Upgrade release.

Priority 4: Low

The problem results in no interruptions to normal operations (no operational impact). The issue consists of “how to” questions, installation and configuration inquiries, enhancement requests, or documentation questions.

Client will receive a response within 7 days.

SERVICE LEVEL AGREEMENT

2.1  Hosting Location and Monitoring

During the term of this Agreement, Line-Scape will physically maintain its software environment hosting the Licensed Platform within a Tier III+ Data Center.  The Tier III+ data center cloud host environment operation includes security, redundancies, and failovers at multiple levels.

Production servers as well as the production applications installed on them are monitored via a remote network automated server testing application.  The monitoring application tests critical URLs for response content.  The monitor requests content from different areas of the production system to validate that all areas are functioning normally.  The test scenarios run every 30 minutes.  Line-Scape 24/7 support technicians will be immediately notified of any test failure response and take immediate action to rectify such failures.

2.2  Services Availability

Uptime Commitment.  Line-Scape warrants that the Software will be available in a fully functional state as defined in this section with 99.9% Uptime on the basis of twenty-four (24) hours per day, seven (7) days per week availability (the “Service Hours”), except for Planned Downtime. The foregoing warranty is the “Uptime Commitment”).

      1. “Uptime” means the amount of time during the Service Hours that the Licensed Platform is fully functional and available to Client through a properly functioning web portal.
      2. “Planned Downtime” means time scheduled by Line-Scape for the purpose of performing periodic full system backups, software Upgrades, or other services that may require Line-Scape products or the Licensed Platform and Services to not be fully functional. The work performed by Line-Scape during Planned Downtime is essential for the smooth and regular operation of the Licensed Platform. Line-Scape will plan the necessary work to minimize the duration of Planned Downtime.  Line-Scape will always endeavor to schedule Planned Downtime at times likely to have the least impact on the conduct of Client’s business. Planned Downtime shall not count towards the Hosting Service Uptime calculation of 99.9%. Line-Scape shall issue an email technical alert to Client’s designated contact and any designated Client Corporate Contact in the event of any unplanned service downtime.
      3. “Downtime” means that period of time when the Licensed Platform or Services fail because of:
        1. Line-Scape application failure;
        2. Line-Scape data center facility host hardware failure;
        3. Electric utility failure at Line-Scape’s data center facility where the application is hosted; or
        4. Network failure up to, but not including, the interconnection point of Line-Scape’s data center network to the public switched telephone network.“Downtime” does not include the period of time when the Licensed Platform and Services are not available as a result of Planned Downtime.
      4. The Licensed Platform is considered to be fully functional when no Priority 1 or Priority 2 issues exist and the Licensed Platform functionality is able to be accessed through a properly functioning web portal. If any access to the Licensed Platform cannot be achieved due to any failure of Client’s local area network, telecommunications service, hardware or software, the Licensed Platform will nevertheless be considered to be in a normal functional state.
      5. Remedies. In the event of Line-Scape’s failure to meet the Uptime Commitment, the following shall be Client’s sole remedies with respect thereto:
        1. In the event Downtime in any calendar month exceeds four (4) hours in such month, Client shall, upon its request, be given a credit upon its request based on the amount of Downtime to be applied to Client’s next invoice, calculated as follows: Credit = (Monthly fee for month) x (total hours of Downtime in month) / (total hours in month).  Total hours in Downtime shall be rounded to the nearest full hour. In the event Customer fails to request the credit within sixty (60) days of becoming eligible, Customer shall be deemed to have waived its right to such credit.
        2. In the event Line-Scape fails to meet the Uptime Commitment in three (3) months in any consecutive twelve (12) month period, Client may terminate the Agreement upon notice to Line-Scape provided that such notice must be given not less than sixty (60) days following the date upon which the conditions entitling Client to exercise such termination right were met.