This Service Level Agreement (“SLA”) is subject to and made a part of the Master Service Agreement between the parties (the “Agreement”). Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.
Availability: Service Provider shall use commercially reasonable efforts to make the Services available at least 99.99% during any monthly period (“SLA Commitment”). Availability is calculated as follows:
Availability % = ((total available time + total planned downtime hours + downtime exclusion hours) / total hours)*100
Notwithstanding the foregoing, the SLA Commitment applies to circumstances within Service Provider’s reasonable control, and does not apply to downtime attributable to Amazon Web Services, integrations with Customer’s ERP or other third-party providers, or issues related to Customer’s use of the Services.
Downtime: The Services may be unavailable for scheduled maintenance on the 2nd Sunday of each month, from 7 A.M. to 12:00 P.M. In addition, for any unplanned downtime and system maintenance, Service Provider shall endeavor to provide reasonable advance prior notice. Alterations to maintenance windows, including the addition of maintenance windows is the sole discretion of MFGx, however, Customer will be notified of such events in advance so proper coordination can take place.
Slowness/Performance Degradation: The services provided could experience intermittent slowness and or service degradation. In most circumstances these scenarios are related to the usage of the platform by the customer – volume of transactions, number of users, data usage, etc. These occurrences do not constitute availability they are dependent upon the individual use cases of each customer. Should you experience degradation in performance you should contact us by submitting a ticket, in some cases the resolution may be to increase your Service Tier.
Service Tier: Service Tiers can be upgraded by submitting a request to our Support Team via email, or a ticket can be submitted through your support portal.
Status Pages: Service Provider allows access to Status Pages, for paying Customer’s only. These status pages will indicate if there are any abnormalities with the Service. Paying Customers may also subscribe to these pages to receive real time updates about any issues with the Services provided. Details about planned downtime events and releases are also found on the Status Pages.
Critical Support: Fuuz is a Platform-as-a-Service, therefore, the nature of a Platform SLA is to ensure up time and stability of the Platform itself. This does not pertain to specific solutions you may have implemented. By definition, a Critical event would be such that you are unable to access your Fuuz URL; or you are able to access the login page, however, upon providing correct login credentials you’re prohibited from accessing your enterprise or tenant. In the event something like this occurs, your Administrator User should submit a ticket with Critical in the subject line; or submit a Critical request type through the support portal. Annual support packages for specific applications or solutions that have been implemented on the Platform, are available upon request, for an additional fee. Any outages outside planned outages, which affect Customer’s access to the Platform will be addressed with an 8D. These 8D’s will be provided to the Customer, upon Customer’s written request via support ticket. 8D initial responses will be made available to Customers who request them within 10 business days of the issue, final 8D’s and corrective/permanent actions will be provided in approximately 60 days from initial occurence.
Critical Support Response: For validated Critical support requests, we provide an initial response time of up to 1 hour from the time the request is received. Critical requests that are deemed invalid, that do not align with the definition, will be billable charges to the Customer.
Critical Support Resolution: Due to the variability in each potential occurence the Service Provider does not provide any details regarding time to resolution, these details are provided to the Customer on a case-by-case basis.
Service Level Credits: Should Service Provider fail meet the SLA Commitment during any month, as confirmed by Service Provider, Customer, as its sole and exclusive remedy associated with such failure, will earn a service level credit which can be applied toward a future year’s Subscription Fees as follows:
Availability of 99.0% – 99.98% = 10% of annual Subscription Fees, divided by 12
Availability of less than 99.0% = 20% of annual Subscription Fees, divided by 12
Reporting, Claims and Notices: To claim a service level credit under this SLA, Customer shall send to Service Provider a written request within ten (10) business days after the end of the applicable month. Service Provider’s records shall be dispositive regarding any disputes regarding availability.
Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with: circumstances beyond MFGx’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; scheduled maintenance, upgrades and emergency maintenance; any DNS or Domain Registry issues outside the direct control of MFGx including DNS and Registry propagation issues and expiration; Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., Integrations, Flows, Schema, UI, etc.) by customer or others, any negligence, willful misconduct, or use of the customer’s account in breach of MFGx’s Master Service Agreement; Acts or omissions of other customers (or acts or omissions of others engaged or authorized by other customers) sharing the affected server(s) with customer, including, without limitation, custom scripting or coding (e.g., Integrations, Flows, Schema, UIs, etc) created by customer or others, any negligence, willful misconduct, or use of the other customers’ account in breach of MFGx’s Master Service Agreement; outages elsewhere on the Internet that hinder access to your account. MFGx is not responsible for browser, DNS, or other caching that may make your account appear inaccessible when others can still access it. MFGx will guarantee only those areas of the Internet considered under the control of MFGx: MFGx servers’ links to the Internet, MFGx’s owned routers, and MFGx’s owned servers themselves.