Service Level Addendum
This Service Level Addendum (“Addendum”) is made a part of and pursuant to that certain Agreement which includes the eOriginal Master Terms and Conditions Agreement (the “Agreement”) in which it is referenced. This Addendum applies separately to each Vault on the Production Environment. Unless otherwise defined in this Addendum, capitalized terms will have the meaning assigned to them in the Agreement.
Definitions
“Permitted Unavailability” means Platform Services unavailability resulting from any one or more of the following: (i) Scheduled Maintenance; (ii) acts or omissions of Customer, its Affiliates, or their Authorized Users or Personnel; (iii) any events outside of eOriginal’s reasonable control, including and not limited to communications or power failures and force majeure; (iv) delay or failure to comply with the Agreement by Customer, its Affiliates, or their Authorized Users or Personnel; (v) failure or malfunction of any software, network or equipment owned by Customer, its Affiliates or any Authorized User, Personnel, or any third party or otherwise beyond the point where data leaves the data center network at a core or edge router and the comparable reverse path; (vi) packet loss or substantial in-network packet latency; and (vii) unavailability arising from a Customer or Authorized User service request.
“Scheduled Maintenance” means support and maintenance on the Platform Services, backup and recovery of data, and loading or enhancement, patches, or bug fixes of the Platform Services’ software performed by eOriginal during the period between 12am and 6am Eastern Time each day.
Service Commitment
Subject to Permitted Unavailability, the average availability of access to the Production Environment of the Platform Services, inclusive of all components such as hardware, core applications, power and data center network, will be Ninety Nine Point Nine Percent (99.9%) over a calendar month.
Monitoring
eOriginal will monitor its actual performance of the Platform Services against the Service Commitment and will make such reporting available to Customer on the eOriginal online Customer Portal.
Notification of Outage
Beyond Scheduled Maintenance, there may be times that additional maintenance is required. In event of any need for such maintenance where eOriginal anticipates that Platform Services will be interrupted, eOriginal will use its best efforts to give Customer’s Technical Contact(s) advance notification of such interruption.
Additionally, eOriginal shall contact Customer’s Technical Contact(s) by email to the email address provided in writing to eOriginal within one (1) hour after the occurrence of any unavailability of the Platform Services that comes to eOriginal’s attention which results in one or more Authorized User’s complete inability to access the Platform Services for a continuous period of fifteen (15) minutes or more despite attempts to properly log onto the Platform Services.
All notices shall be effective for all purposes herein, despite any failure of Customer to receive such notice for any reason.
