Uptime and Support

Contents

  • Definitions

  • Monthly Availability Percentage Standard

  • Customer Service

  • Limitations

 

Definitions

  • “Availability” means that the SaaS Services are readily available to Customer and Authorized Users and operating without material Error, excluding any Qualifying Outage Minutes.
  • “Failure” means any failure of ER Express to meet a MASL; but excludes those failures attributable to a Force Majeure Event.
  • “Monthly Availability Percentage” means the amount equal to the total number of minutes (multiply the number of calendar days in any given month by the product of 24 times 60) in the applicable month, minus the Qualifying Outage Minutes for that month, then divided by the total number of minutes in that month.
  • “Outage” means the period (measured in minutes) that the SaaS Services are not readily available to Customer and/or are operating with material Error; but shall not include: (i) Scheduled Downtime; (ii) emergency maintenance activities; (iii) periods of unavailability attributable to Customer’s negligent acts or omissions; or (iv) Customer’s failure to timely respond to ER Express in connection with resolution of any Problem.
  • “Performance” means the total time a representative transaction takes to execute. The representative transaction shall involve execution of a command against the production application. The representative transaction shall not exercise network paths outside ER Express-approved network architecture.
  • “Problem” means any problem, inquiry or request relating to any SaaS Services Error. Problems shall be initially classified in accordance with the Severity level classifications set forth in Section 5 below.
  • “Qualifying Outage Minutes” means the aggregate of all Outages in a month.
  • “Scheduled Downtime” means the downtime required by ER Express for upgrading or maintaining the SaaS Services.
  • “Severity” is the assessed possible risk or effect of a Problem on Customer’s business operations. All notifications, escalations and standards for responding to Problems are set by Severity in Section 5.

Monthly Availability Percentage Standard

  • ER Express  maintains Availability of the SaaS Services in accordance with the following standards: 99.99%

 

Customer Service

  • ER Express will maintain help desk support that shall receive Problem calls /e emails with the following procedures:
  • ER Express shall provide, or arrange for the provision of, the following basic support services (the "Technical Support"):
  • ER Express shall provide telephonic and/or other assistance via telephone Monday through Friday, excluding ER Express Holidays, from 8:30 a.m. to 5:00 p.m. Eastern Standard Time (“Primary Support Hours”).
  • Issues reported by the Client during non-Primary Support Hours will receive a response immediately the following morning by 8:30 a.m. EST at the latest.
  • In addition, ER Express may request that routine support requests be initiated via email to a specific e-mail address.

 

Limitations

  • ER Express will have no obligation to provide Technical Support for any problem where ER Express determines that the problem resulted from
    • the Programs not being used in accordance with this Agreement and/or its accompanying documentation; or
    • the Client’s negligence, Client’s hardware malfunctions, or other causes beyond ER Express’ reasonable control, including but not limited to Internet access, or PC or browser configuration.

 

Severity Definitions

Severity 1 –

  • A Severity 1 Problem is a Problem resulting from an Error or other emergency condition that causes the SaaS Services to cease operating, severely impairs Availability or normal operation of the SaaS Services, or results in corruption or unavailability of the Client Data.
  • An ER Express technician shall initially respond to a Severity 1 Problem as soon as possible, but in any event within thirty (30) minutes (with hourly update correspondence regarding resolution progress thereafter), and shall resolve each Severity 1 Problem as soon as possible, but in any event within four (4) hours from the time the Severity 1 Problem was first reported.
  • Severity 1 Problems reported during non-Primary Support Hours will receive a response immediately the following morning by 8:30 am. EST.

Severity 2 –

  • A Severity 2 Problem is a Problem resulting from an Error or other emergency condition that results in a negative impact to critical SaaS Services functions or the SaaS Services are unable to process Data or to send notifications or communications but does not meet the criteria defined for Severity 1 Problems above.
  • An ER Express technician shall initially respond to a Severity 2 Problem as soon as possible, but in any event within sixty (60) minutes, and shall resolve each Severity 2 Problem as soon as possible, but in any event within twenty-four (24) hours from the time the Severity 2 Problem was first reported.
  • Severity 2 Problems reported during non-Primary Support Hours will receive a response immediately the following morning by 8:30 am EST.
  • Resolution of a Severity 2 Problem may include the following interim remedies; provided the Client has approved in writing the interim remedies proposed:
    • Data Correction – ER Express will take all reasonable measures to correct data in the database to resolve the issue.
    • Workaround Technique – ER Express will provide the user with a materially equivalent alternate method to perform or accomplish the same task, until the issue is resolved in the next update to the SaaS Services.
    • Software Correction – If data correction and workaround techniques prove successful, ER Express will nevertheless resolve the Severity 2 Error in the next update to the SaaS Services.
    • Emergency Escalation – If Data Correction and Workaround Techniques prove unsuccessful, ER Express will perform emergency maintenance to resolve the Severity 2 Error within forty-eight (48) hours of the Client’s request for emergency escalation.

Severity 3 –

  • A Severity 3 Problem is a Problem resulting from an Error or other emergency condition that results in any failure of the SaaS Services to perform in a manner inhibits effective utilization of the SaaS Services, but does not meet the criteria defined for Severity 1 or 2 Problems above.
  • An ER Express technician shall initially respond to Severity 3 Problems as soon as possible, but in any event within sixty (60) minutes, and shall resolve each Severity 3 Problem within seventy-two (72) hours from the time the Severity 3 Problem was first reported.
  • Severity 3 Problems reported during non-Primary Support Hours will receive a response immediately the following morning by 8:30 am. EST.
  • Resolution of a Severity 3 Problem may include the following interim remedies; provided, that the Client has approved in writing the interim remedies proposed:
    • Workaround Technique – ER Express will provide the user with a materially equivalent alternate method to perform or accomplish the same task, until the issue is resolved in the next update to the SaaS Services.
    • Software Correction Scheduling – ER Express will resolve the Severity 3 Problem in the next update to the SaaS Services. An estimated time of delivery will be provided to the Client within ten (10) business days of initial report of each Severity 3 Problem.

Severity 4 –

  • A Severity 4 Problem is a Problem resulting from an Error or other condition that results in no performance degradation of the SaaS Services and during which the Client Data remains fully accessible and unharmed, but requires non-critical, remedial maintenance to the SaaS Services or consists of reasonable requests for modifications to the SaaS Services.
  • An ER Express technician shall initially respond to Severity 4 Problems as soon as possible, but in any event within one (1) business day, and shall review each Severity 4 Problem within ten (10) business days.
  • Severity 1 Problems reported during non-Primary Support Hours will receive a response immediately the following morning by 8:30 am. EST.
  • The Parties shall cooperate in good faith to develop a schedule for resolution of any Severity 4 Problems.
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