Service Level Agreement
This Service Level Agreement (“SLA”) between Digital Transformation Systems (“DTS”), and the user (“Customer”) of DTS’ services (“Services”) sets forth the service level terms and conditions and is an integral part of the Agreement. This SLA defines the terms of Customer’s responsibility with respect to the Services that DTS provides and Customer’s remedies in the event that DTS fails to meet these Service Commitments. This SLA and the SLA Credits set forth herein represent DTS’ sole obligation and Customer’s sole remedy for failure to meet such Service Commitments. This SLA does not apply to the availability of Third Party Services (TPS). The SLA is binding only on the Customer and DTS and does apply to any Third Parties, including Customer End Users.
Definitions. The following are definitions of capitalized words used in this Agreement:
“Business Hours” means 9:00 a.m. to 6:00 p.m. (Central Standard Time - CST), Monday through Friday, and, notwithstanding the foregoing, does not include times during Service Maintenance.
“Service Maintenance” means DTS’ maintaining of the Service including software. Service Maintenance includes, without limitation, database index rebuilding, hardware upgrades, software upgrades, and network upgrades, as applicable.
Data Retention. DTS shall make a full backup copy of each database and file system daily and retain each such daily backup copy for thirty (30) days.
Service Availability - General. DTS’ goal is to provide Service Availability twenty-four hours per day, seven (7) days per week (referred to as “24x7 Availability”) EXCEPT during times of Service Maintenance as set forth in Section 3d herein. However, the parties recognize that 24x7 Availability is only a GOAL, and DTS cannot represent or guarantee that such goal can be achieved.
Service Availability Level Goals. DTS shall use reasonable efforts to achieve the target Service Availability Goal of 99.99% network uptime except during scheduled Service Maintenance (“Service Commitment”). Notwithstanding the foregoing, Customer recognizes that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of DTS. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of DTS can and will occur, and such instances shall not be considered any failure of the 99.99% network uptime. Whilst Customers are free to monitor network uptime on their systems and other monitoring services, DTS proactively monitors network uptime and the results of these monitoring systems shall provide the sole and exclusive determination of network uptime.
Response Time to Error. DTS has internal notification tools for service problems. Additionally, Customer may report problems to DTS Support. Once notified DTS Support will respond as per the SUPPORT POLICY. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
For Customers with a DTS template web site we guarantee:
1.Each page on the site will fully load in two (2) seconds or less as measured by GTMetrix (http://gtmetrix.com)
2.Each page on the site will score at least 90 out of 100 on Google’s PageSpeed (https://developers.google.com/speed/pagespeed/insights) for both Mobile and Desktop
You must repeat the result by running a GTMetrix report at least three (3) times. Please provide the address of the report from the address bar of your web browser.
You must repeat the result by running a Google Pagespeed test at least three (3) times.
Any failure of this guarantee must be reported to DTS support as soon as reasonably possible.
We must be able to replicate the problem.
This Performance Guarantee only covers issues within our control. Outside causes such as Internet backbone problems or regional or local problems outside of our data center are not within our control.
If a failure is determined to be within our control we will credit your account for a full month’s service.
The parties agree that DTS shall provide Service Maintenance, which may cause errors as defined by the SUPPORT POLICY. DTS shall use commercially reasonable efforts to limit Service Maintenance, which causes Severity Level 1 Errors to two (2) hours per month.
The Service Availability goals exclude any time Customer requests a site be taken down for scheduled updates.
DTS shall attempt to schedule Service Maintenance during the times as specified in Table 1 – Service Maintenance Times. However, the parties agree that it may be necessary for DTS to perform Service Maintenance during times other than those specified in Table 1, and DTS reserves the right to perform Service Maintenance during times other than those specified in Table 1.
Table 1 – Service Maintenance Times
|Service Maintenance Times (Day)||Service Maintenance Times (Hours)|
|Sunday to Saturday||9pm to 4am (Central Time)|
Disclaimer of Actions Caused by and/or Under the Control of Third Parties. DTS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM DTS’ NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH DTS WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, DTS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, DTS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
Limitations. DTS cannot assume responsibility and shall not be liable for any impacts on Service Availability due to (i) any requests for non-standard environment or Customer machine access; (ii) any downtime caused by Customer produced code; or (iii) any changes to the Service by parties other than DTS. DTS will make reasonable efforts to ensure that Service changes do not affect customers.
DTS reserves the right to change this SLA at any time, and without notice.
Financial Penalties for SLA Violations
In the event that DTS fails to meet the guarantee stated above (excluding Service Maintenance during the windows described in Section 3d and downtime caused by reasons described in Sections 3e or 3f), DTS will refund 5% of the Customer monthly service Fees for each hour of network downtime experienced up to 100% of the monthly service Fee for those Services affected (“SLA Credits”).
All SLA claims should be communicated via DTS Dashboard support within seven (7) days of the incident. The notice must include all relevant information, including Customer company name and full description of the incident. All SLA credits will be issued as credits against future invoices for services.
In order to qualify for Service Credits, Customer must be current on all payment obligations, and not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by Customer , (ii) due to failure of any equipment or software provided by Customer, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which Customer is entitled to a SLA Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from Customer’s breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
Total cumulative SLA Credits during any given month shall not exceed the Customer monthly fee for those Services affected.
Incident reports are handled via our support email address: email@example.com
Shown below is a guide to the DTS Severity Levels. Note that the Ticket Response Goals specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved:
|Severity Levels||Explanation||Ticket Response Goals|
|Level 1 - Emergency||The Platform System is down, business operations severely impacted with no workaround; or a security issue.||Within 30 minutes during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours.|
|Level 2 - High||The Platform System is operational, but significant disruption of business operations; no stable workaround.||Within 1-hour during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours.|
|Level 3 - Medium||Issues causing moderate to low business disruption with the Platform System, individual web site or any issue for which there is a stable workaround available.||Within 2 hours during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours.|
|Level 4 - Low||The Platform System and web site is operational; no significant disruption of business operations; issues with little time sensitivity such as general questions.||Within 4-hours during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours.|
The goal of the Support Team is to provide specific support around the features and functionality of the platform. We will do our best to help any Customer with their issues to the best of our abilities.