During the term of the Agreement, the Service will perform in accordance with and subject to this Service Level Agreement (“SLA”).
LogicManager will maintain a business continuity/disaster recovery plan. Upon request, LogicManager agrees that it will provide Customer a copy of its current business continuity plan applicable to the services provided under this Agreement.
LogicManager shall ensure all Customer Data is backed up to support a recovery point objective (“RPO”) of 24 hours. The RPO is the maximum amount of lost or unusable data that Customer can tolerate. The RPO is measured from the moment of the unplanned event and going back in time to a point where the processed data is known to be stable, synchronized, and accurate. LogicManager shall store backups for a period of 6 months before discarding.
LogicManager shall ensure in the event of a system loss or outage that normal business operations may resume with a recovery time objective (“RTO”) of 72 hours. The RTO is the maximum amount of system downtime that can be tolerated. The RTO is measured from the moment of the unplanned event to the restoration of normal operations and services.
Third Party Audit
LogicManager will provide Customer upon request a copy of its latest SSAE 18 or equivalent audit report, in addition to any equivalent reports applicable to data center providers where the services under this Agreement are hosted. In the event the firm performing the audit of LogicManager issues a qualified opinion due to a material weakness or deficiency, LogicManager will promptly advise Customer of its plan to address such material weakness or deficiency and work diligently to resolve such material weakness or deficiency.
LogicManager will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (a) planned maintenance, and (b) any unavailability caused by circumstances beyond LogicManager’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, or Internet service provider failure or delay.
LogicManager will perform maintenance during planned maintenance windows scheduled outside of normal business hours. LogicManager shall notify Customer 48 hours in advance of planned maintenance. The Service will not be available during the maintenance. In addition to planned maintenance, LogicManager may perform emergency maintenance at any time for urgent maintenance needs. LogicManager shall notify Customer in advance of emergency maintenance.
LogicManager agrees to provide a 99.5 percent service level availability target (“SLA Target”). The service level availability shall be calculated by subtracting the amount of downtime from the total time available over any given calendar month while excluding planned maintenance windows. If LogicManager fails to meet the SLA Target, LogicManager shall issue a credit equal to 5% of Customer’s monthly licensing fees to be applied against fees payable under the Agreement. Customer must make a written request to LogicManager within thirty (30) days of the end of the applicable month in order to receive credit hereunder.
Support and Response Times
LogicManager shall provide the following list of support services:
- telephone, email, and chat troubleshooting support from 9 am to 6 pm EDT;
- virtual assistance and case submissions available at support.logicmanager.com 24 hours per day 7 days per week;
- online help documentation available in LogicManager University at support.logicmanager.com, including frequently asked questions, data load templates, best practice resources, and use case specific guides and roadmaps;
- release notes provided five (5) business days in advance of material Service upgrades and enhancements;
- error & defect correction in accordance with the response times listed below.
LogicManager will provide support in accordance with the following maximum response times. LogicManager will, in its sole discretion, make the final determination of issue severity and priority based on the definitions listed below. The maximum response times are calculated using standard business hours and days in Eastern Time.
The following levels are used by LogicManager to evaluate the severity and priority of submitted issues by customers.
Ticket Priority: 1 – Blocker
Maximum Response Time: 30 minutes
Definition: Blocker issue affect all users and prevent use of the Service, including system unavailability and data integrity issues with no workaround available.
Ticket Priority: 2 – Critical
Maximum Response Time: 4 hours
Definition: Critical issues affect many or most users and impact substantial system functionality or significantly degrade performance with no reasonable workaround available.
Ticket Priority: 3 – Normal
Maximum Response Time: 18 hours
Definition: Normal issues affect some users and have moderate impact on system functionality with short-term workarounds available.
Ticket Priority: 4 – Minor
Maximum Response Time: 18 hours
Definition: Minor issues are routine technical inquiries such as information requested on application capabilities, navigation, installation or configuration, or a bug affecting a small number of users with acceptable workarounds available.
Ticket Priority: 5 – Enhancement
Maximum Response Time: None
Definition: Enhancement requests are improvements or additions to the Service’s functionality. Response timeframes will depend on resource availability, requirements, complexity, and the nature of the enhancement.