Service Level Agreement (SLA)
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.
Definitions
Access:
The customer’s ability to access the service, via their enterprise URL
& gain a successful login/authentication to the same.
Availability:
The percentage of time the Services are operational and accessible during
a given calendar year.
Planned Downtime: The planned downtime, where services maybe unavailable to the customer.
Unplanned Downtime: The period of time with complete service unavailability, un-related to any third-party service failures.
SLA
Commitment: The agreed-upon level of service availability (99.99%)
during any monthly period.
Critical
Event: An event where the Customer is unable to access their Fuuz URL
or the Fuuz environment is down and unreachable via the internet.
Monthly Service Fee: The amount equal to your Annual Fuuz Subscription divided by 12.
Service
Level Credit: Compensation provided to the Customer if the Service
Provider fails to meet the SLA Commitment.
8D
Report: A structured problem-solving methodology used to identify,
correct, and prevent issues.
T&M:
Time and Materials billing, where charges are based on the actual time
spent and materials used.
1. Availability
Service Provider shall use commercially reasonable efforts
to make the Services available during any monthly period (“SLA
Commitment”). Availability is calculated as follows:
Total Monthly Hours: e.g. (30 Days * 24 Hours) = 720 Hours
Total Monthly Planned Downtime: 5 Hours
Adjusted Monthly Hours: 720-5 = 715 Hours
Availability % = (Adjusted Monthly Hours - Total Unplanned Downtime) / (Adjusted Monthly Hours) * 100
Notwithstanding the foregoing, the SLA Commitment applies to
circumstances within Service Provider’s reasonable control and does not apply
to Unplanned Downtime attributable to our cloud hosting provider(s), integrations third-party providers, or issues related to Customer’s use of the
Services.
2. Planned 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, are at the sole discretion of
MFGx; however, Customer will be notified of such events in advance so proper
coordination can take place, via the support page referenced herein. The majority of these maintenance windows, will experience zero impact on the customer, meaning no meaningful or quantifiable measurement of downtime of the services provided.
3. 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 as
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.
4. Service Tier
In the context of SaaS (Software as a Service), Service Tier
refers to the level or category of service offerings provided by the SaaS
provider. Service tiers are structured to accommodate different needs,
requirements, and budgets of businesses. Typically, SaaS providers offer
multiple service tiers to cater to a diverse range of users with varying
demands. Each tier is associated with specific features, capabilities, and
pricing, allowing customers to choose the level of service that aligns with
their needs. Should you experience degradation of services, in terms of speed, throughput or otherwise, it is likely that you'll need to increase your service tier (or package tier) in order to overcome such issues; additionally, you may need to do an optimization pass on your application environment, which our team can assist with at a cost.
Service Provider allows access to Status Pages. These status
pages will indicate if there are any abnormalities with the Service. 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.
Fuuz Platform customers are entitled to the following
standard support matrix with an active subscription, in good standing. Other
options are available at an additional cost; please check with the Fuuz sales
or services team for more information to have a support plan put together that
meets your specific needs. Our team will do everything they are able to within
reasonable limits to assist our customers with any issues presented as quickly
as possible.
Normal
Support Hours: Monday to Friday: 8am – 5pm Eastern Standard Time
Standard
Response Time (Non-Critical): 3 Business Days
Expedited
Response Time (Non-Critical but Business Critical): 1 Business Day
Resolution
Time: TBD (varies depending on the case)
7. Extension Usage
The browser extension should not be utilized for any
'production critical' applications because it is controlled by a third party
(Google). We cannot make any warranties that it will always function and
therefore should be limited in its use to reporting, visualizing data, or
helping with tasks that would never impede the client's ability to operate
their production floor.
8. Gateway Updates
The gateway updates, including any
hardware-related, are the responsibility of the client to manage and maintain
without exception. In any Downtime event related to the update of a gateway or
hardware, without evidence of proper testing and validation being done by the
client, will result in billable charges for any time spent by the Fuuz team or
partner, affiliates, etc., to resolve such an issue. Performance issues related to a Gateway, are the Customer's responsibility to remediate by assessing proper hardware needs at the site.
9. Critical Support
Fuuz is a Platform; therefore, the nature of a Platform SLA
is to ensure uptime 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 in general, your
Fuuz environment is down and unreachable via the internet. In the event
something like this occurs, your Administrator User should submit a Critical
request through the support portal.
10. Critical Support Response
For valid Critical support requests, we provide an
initial response time of up to 4 hours 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.
11. Critical Support Resolution
Due to the variability in each potential occurrence, 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.
12. Service Level Credits
Should Service Provider fail to 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 as a customer credit memo to offset future services or other services:
- ≥ 99.9% --> No Credit
99.5% - 99.89% --> 10% of Monthly Service Fee
99.0% - 99.49% --> 15% of Monthly Service Fee
95.0% - 98.99% --> 20% of Monthly Service Fee
< 95% --> 50% of Monthly Service Fee
Service level credit requests must be made within 30 days of the reported outage via a support ticket. Availability for the period will be calculated as part of our 8D process.
13. 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 about availability.
14. Issue Resolution
Any system outages other than 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 the
initial occurrence. We cannot make firm guarantees on the closure of the 8D as the root cause correction may take an unknown amount of time.
15. Fuuz Gateway / Fuuz Browser Extension
Before submitting concerns, ensure you are running the
current supported version. Issues with out-of-support versions will be billed
T&M to the Customer. Updates to the Browser Extension are deployed through
the Google Play store, notifying end users automatically unless group policies
prevent this. The Fuuz Gateway provides ‘in-app’ notifications to the
administrator. Keep up with the latest versions by checking our Release Notes.
Include the application version, OS version, Browser version, and any recent
software updates or patches when submitting support requests.
16. External System Interaction
Any process running within the Fuuz platform that requires
external system interaction—via iPaaS, EDI, API, or otherwise—shall not be
deemed a critical outage if impeded by those third-party systems. Despite it
being a business continuity concern, Fuuz cannot warranty any
third-party solution that is unresponsive, slow, modified or unavailable.
17. 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.