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Service Level Agreement

Smileupps guaranteed service levels and compensations

Service Level Agreement

Introduction

The purpose of this document is to define the service level metrics that Evernew will deliver when providing Smileupps services. This document will also define what commercial compensation will be provided if Evernew does not deliver according to the stated metrics.

This Service Level Agreement ("SLA") forms part of the agreement between the customer and Evernew and is effective as of the date of release, as shown below, and applicable to all active Smileupps Services.

Definitions

The following terms have the meanings set forth below when used in this SLA:

  1. SLA: Service Level Agreement between Evernew and the customer, published at https://www.smileupps.com/sla.
  2. Cloud database: the service provided by Smileupps to its Customers
  3. Web Control Panel: A portal on the web, available upon authentication at https://cloud.smileupps.com, to which a customer can have access by providing his username and password credentials. From this portal, each customer can manage his cloud database, as well as manage information regarding his account (details, payments, etc). The service (Cloud database) is fully usable directly without the need to use the Web Control
  4. Scheduled Maintenance: Planned periods during which Evernew's operations teams will execute maintenance tasks on the server, storage or network infrastructure, to update, correct or secure it. Scheduled maintenance periods are subject to prior notification to customers by email or through messages displayed in the Web Control Panel.
  5. Emergency Maintenance: Maintenance windows that may be set for which Evernew provides customer Notification at least four (4) hours before the beginning of an emergency maintenance window and identifies the service impacting reason for the maintenance.
  6. Notification: A message displayed in the Web Control Panel or sent by email, with important information regarding a maintenance operation (scheduled or emergency).
  7. Maintenance Window: A period, identified by a date, start and stop time, during which maintenance operations will be carried by Evernew's operations teams. Maintenance operations will only be initiated at the start time and will be completed on or before the stop time.
  8. Force Majeure: Extraordinary event or circumstance beyond the control of Evernew, such as a war, strike, riot, crime, or an event described by the legal term act of God (such as hurricane, flooding, earthquake, volcanic eruption, etc.), that prevents Evernew from fulfilling its obligations under the general terms and conditions.
  9. Acceptable Use Policy: Compliance required by both parties to the use of Evernew Services, as described in https://www.smileupps.com/aup.

General Terms

  1. Service credit claims must be submitted in writing, within 10 days from the SLA violation to which they refer, using the Support menu on the Web Control Panel to submit a ticket.
  2. If the parties agree that Evernew has failed to meet any service level guarantee during any given calendar month, Evernew will credit the customer's account with the defined compensation.
  3. Service credits shall apply only to the usage fee paid by the customer over the one-month period under analysis, for the affected services or resources.
  4. The payment of the compensation shall be the customer's sole and entire remedy from Evernew for any downtime arising under this agreement.
  5. The customer agrees to correct problems and attempt to minimise the recurrence of problems for which customer is responsible and may prevent Evernew from meeting the SLA.
  6. A customer is not entitled to receive a service credit in the following cases:

    1. If any downtime was caused by customer initiated actions whether implemented by customer or by Evernew;
    2. If any downtime was caused by an operating system or application mal-functioning or misuse by the customer and not a failure on the underlying network and physical host infrastructure directly and solely managed by Evernew;
    3. If any downtime was due to Scheduled Maintenance and within the defined Maintenance Window announced;
    4. If any downtime was due to a Force Majeure event;
    5. If the customer had his account suspended for any day of the month under analysis caused by non-payment of the usage fees;
    6. Downtime due to the acts or omissions of the customer, its employees, agents, third party contractors or vendors;
    7. Any event or condition not wholly within the control of Evernew and violations of its Acceptable Use Policy.

Service Level Guarantees

Availability level        Downtime             Compensation
                          (1 month=720 hours)  applicable to affected resources 

>= 99.0% and < 99.95%     >= 21m 36s           10%
 < 99.0%                  >=  7h 12m           30%

Service credits are calculated as the percentage of the monthly charges for Smileupps Services in the month affected on the affected resources.

Web Control Panel Availability

Availability level        Downtime             Compensation
                          (1 month=720 hours)  applicable to affected resources 

>= 99.0% and < 99.50%     >= 3h 36m            10%
 < 99.0%                  >= 7h 12m            30%