Infrastructure Availability (IA) refers to the ability for end users to access the infrastructure via the cloud hosted environment; excludes specific software functionality in the accessed environment.
Guaranteed Response Time (GTI) means the time from the reporting of an incident on the supervision tools or from a notification made by Subscriber to the Company’s support department and the beginning of the operation of Support.
Guaranteed Resolution Time (GRT) means the time to restore the Service, from the beginning of the intervention (see GTI) until the end of the incident.
Application Error(AE) means a failure of the Software to perform to the documentation, resulting in the inability to use, or material restriction in the use of, the Software.
Working Hours means between 7:00am and 7:00pm Eastern US Time on any Business Day.
Applicable Monthly Period means, for a calendar month in which a Monthly Subscription fee is paid, the number of days that you are a subscriber for a Service.
2. IA Priority Levels
The priority level is determined according to the severity of the access limitation as follows:
3.IA Response Times
The Company must respond to interruptions in Cloud-based Service Availability as follows:
4.IA Resolution Times
5.AE Priority Levels
The priority level is determined according to the severity of the application error or incident as follows:
6.AE Target Resolutions Times
7.Infrastructure Availability Discount
If the Rate of Infrastructure Availability (as defined in Section C) is less than guaranteed levels below in any month the Monthly Subscription Fee for the following month will be reduced as follows:
Each report is to be delivered to Subscriber within 10 Business Days of the end of the relevant reporting period (for example, if the reporting frequency is monthly, the report for a month must be delivered within 10 Business Days of the end of the month). The reports are to be provided via email to Subscriber’s nominated representative. Each report must contain a listing of all exceptions (failure to meet a relevant Service Level) in the reporting period.
8.Infrastructure Availability Discount
If the Rate of Infrastructure Availability (as defined in Section C) is less than guaranteed levels below in any month the Monthly Subscription Fee for the following month will be reduced as follows:
9.Infrastructure Availability Discount
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center).
That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services.
Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised.
That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices.
That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
For licenses reserved, but not paid for, at the time of the Incident.
SaaS Service Level Agreement
SaaS Subscription Agreement – Service Guidelines
1. Definitions
Infrastructure Availability (IA) refers to the ability for end users to access the infrastructure via the cloud hosted environment; excludes specific software functionality in the accessed environment.
Guaranteed Response Time (GTI) means the time from the reporting of an incident on the supervision tools or from a notification made by Subscriber to the Company’s support department and the beginning of the operation of Support.
Guaranteed Resolution Time (GRT) means the time to restore the Service, from the beginning of the intervention (see GTI) until the end of the incident.
Application Error(AE) means a failure of the Software to perform to the documentation, resulting in the inability to use, or material restriction in the use of, the Software.
Working Hours means between 7:00am and 7:00pm Eastern US Time on any Business Day.
Applicable Monthly Period means, for a calendar month in which a Monthly Subscription fee is paid, the number of days that you are a subscriber for a Service.
2. IA Priority Levels
The priority level is determined according to the severity of the access limitation as follows:
Priority Level
Severity
Definition
1
Blocking
Defect resulting in the total unavailability of the Service for all users
2
Major
Defect resulting in material negative effects on the business of Subscriber or in the unavailability of isolated mission critical functionalities and significantly reducing the access to the Service
3
Minor
Bug/Defect resulting in the unavailability of certain minor functionalities of the Service
3. IA Response Times
The Company must respond to interruptions in Cloud-based Service Availability as follows:
Priority Level
Target Response(During Working hours) GTI
Target Response (Non-Working Hours) GTI
1
30mn
1h| not to exceed 30 mn from commencement of Working hours
2
1h
3h| not to exceed 1 hr. from commencement of Working hours
3
2h
8h| not to exceed 2 hr. from commencement of Working hours
4. IA Resolution Times
Priority Level
Target Response(During Working hours) GRT
Target Response (Non-Working Hours) GRT
1
3h
6h | not to exceed 3H from commencement of Working hours
2
6h
8h| not to exceed 6H from commencement of Working hours
3
8h
12h |not to exceed 8H from commencement of Working hours
5. AE Priority Levels
The priority level is determined according to the severity of the application error or incident as follows:
AE Levels
Description
1 Material Defects
The system (or a component thereof): (a) is unusable, catastrophically fails or ceases to provide its material, mission-critical documented functions; or A viable work-around to restore such operation or functionality is not readily available to Licensee. Such failure has a critical impact on the operation of Licensee’s business or parts thereof and may stop physical production processes.
2 Severe Defects
The system (or a component thereof) is not fully functional (e.g., there are major restrictions on functionality; the system performs most, but not all, documented functions).
3 Major Defects
The system operates with restrictions on certain functions but are not material to the operation of its business.
4 Minor Defects
The system is usable, but subject to minor inconveniences which are not critical to operation of Licensee’s business and for which a work-around is readily available; any other problems with the supplied software that are not Severity Level 1, 2, or 3.
AE Target Resolution Times
Error Level
Target Resolution
1 Material Defects
Company will treat the trouble as a priority and will devote sufficient fulltime resources to, in an expedited manner, resolve and correct the trouble, or to provide a correction or work-around. Company will continue efforts until problem resolution is achieved, targeting an 8 hour resolution time with all reasonable and commercially viable efforts.
2 Severe Defects
Company will use all commercially reasonable efforts to diligently resolve or correct the trouble, or to provide a correction or work-around and will continue efforts until problem resolution is achieved. Targeting a 48 hour resolution time with all reasonable and commercially viable efforts.
3 Major Defects
Company will use commercially reasonable efforts to produce a workaround. A permanent fix will be provided in next iteration of the software release.
4 Minor Defects
Company will respond to and resolve the trouble in a commercially reasonable manner, taking into account the specific nature of the trouble and its impact on Licensee and other parties, including Licensee’s customers. Targeting work-around resolution where feasible or permanent fix in the next iteration of the software release.
7. Service Level Reporting
The Company will deliver the following reports according to the indicated monitoring and reporting frequency below:
Service Level
Monitoring Frequency
Reporting Frequency
Guaranteed Response Time (GTI)
Per ticket
Monthly
Guaranteed Resolution Time (GRT)
Per ticket
Monthly
Each report is to be delivered to Subscriber within 10 Business Days of the end of the relevant reporting period (for example, if the reporting frequency is monthly, the report for a month must be delivered within 10 Business Days of the end of the month). The reports are to be provided via email to Subscriber’s nominated representative. Each report must contain a listing of all exceptions (failure to meet a relevant Service Level) in the reporting period.
8. Infrastructure Availability Discount
If the Rate of Infrastructure Availability (as defined in Section C) is less than guaranteed levels below in any month the Monthly Subscription Fee for the following month will be reduced as follows:
Rate of Infrastructure Availability (IA): Excludes any AE Application Errors not limiting the access to the application as whole.
Discount to Monthly Subscription (%)
< 99.0%
10
< 95.0%
30
< 90.0%
50
< 80.0%
100
9. Infrastructure Availability Discount
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center).
That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services.
Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised.
That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices.
That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
For licenses reserved, but not paid for, at the time of the Incident.
Appendix A – Technology Disaster Recovery Plan Templates
Disaster Recovery Plan for MTech SaaS Platform
SYSTEM
MTech SasS Platform
OVERVIEW
PRODUCTION SERVER
Azure Environment/Data Center – Main
HOT SITE SERVER
Azure Environment/Data Center – Secondary
BACKUP STRATEGY FOR MTech SaaS Platform
Continuous
VM’s replicated to secondary datacenter using Recovery Services Vault and Azure Site Recovery via Azure Availability Zones. Azure SQL databases replicated to separate data center through Azure Availability Zones.
Application data is backed up to a separate geo-replicated Azure Region. Retention for production data is the following: · 35 Days of Point-in-Time Recovery · 13 Weekly backups · 13 Monthly backups
MTech SaaS Platform DISASTER RECOVERY PROCEDURE
Scenario 1
Total Loss of Data
Restore data from backups and validate that restoration was successful.
A Total Loss of Data scenario would occur unless both geo-replicated data centers encounter a simultaneous catastrophic event. The possibility of this occurring is highly remote.
Scenario 2
Total Loss of Data Center
Replication will automatically failover VM infrastructure and databases to the secondary data center. Databases are pointed to the failover group which contains both primary and secondary nodes, and will automatically fail over during loss of connectivity to the Primary data center.
Manual failover back to the primary data center from the secondary data center is handled automatically by Microsoft through Availability Zones.
