During the term of the Agreement to which these Service Levels are incorporated by reference and subject to payment of applicable fees, Catalina Labs agrees to provide support services for the hosted Wixi.Expert platform contracted by Customer as set forth in these Service Levels terms.
2.1 Catalina Labs will have at least 99.85% of System Availability during which the Wixi.Expert platform will be available for Customer’s use under the Agreement, as measured monthly, excluding Excluded Downtime (as described below).
2.2 “Available” means that the users are able to access and use the Wixi.Expert platform and the monitored data therein. “Unavailable” or “Unavailability” means that the Wixi.Expert platform is not Available.
2.3 “Scheduled Maintenance” means the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access the Wixi.Expert platform, as hosted by Catalina Labs and its service providers, due to planned system maintenance performed by Catalina Labs, as set forth below. Scheduled Maintenance may include, without limitation, scheduled maintenance, updates of hardware or software, or upgrades to increase storage capacity. Scheduled Maintenance while being conducted may degrade the quality of the Wixi.Expert platform, which may include an outage of the Wixi.Expert platform; provided, however, that an outage related to scheduled maintenance shall not be deemed to be non-Availability. The preferred windows for scheduled maintenance are during low usage or low traffic times. Local Time shall refer to Pacific Standard Time or Pacific Daylight Time, whichever is in effect at the time. The Customer will be notified of scheduled downtime, expected to be over one hour, at least 24 hours before downtime occurs.
2.4 “Unscheduled Downtime” means the total amount of time during any calendar month, measured in minutes, during which Customer is not able to access the features and functions of the Wixi.Expert platform as contemplated in these Service Levels, other than Excluded Downtime, as defined below.
2.5 “Excluded Downtime” means (i) Scheduled Maintenance; (ii) general Internet outages, failure of Customer’s infrastructure or connectivity, computer and telecommunications failures and delays not within Catalina Labs’ control; (iii) network intrusions or denial-of-service attacks, provided Catalina Labs has implemented commercially reasonable measures to mitigate or prevent such an attack or intrusion, (iv) down periods due to Force Majeure Events, (v) issues associated with Customer provided hardware, software and other equipment, (vi) issues associated with data uploaded to the Wixi.Expert platform by end users or customers (including damages caused by viruses and other malicious code contained in data uploaded to the Catalina Labs Wixi.Expert platform), or (vii) issues caused by or attributable to a Catalina Labs third party hosting or service provider, including AWS and Google Compute.
2.6 “System Availability” means, with respect to any particular calendar month, the ratio obtained by subtracting Unscheduled Downtime during such month from the total time during such month, and thereafter dividing the difference so obtained by the total time during such month. Represented algebraically, System Availability for any particular calendar month is determined as follows:
System Availability = (Total Monthly Time* – Unscheduled Downtime) / Total Monthly Time
*“Total Monthly Time” is deemed to include all minutes in the relevant calendar month, to the extent such minutes are included within the Term of this Agreement.
Customer may contact Support to report Unscheduled Downtime as set forth below:
Contacting Customer Support
Telephone: +1 (770) 691-0165
Email: [email protected]
Hours of Operation: Monday through Friday; 8:00am Pacific to 6:00pm Pacific, excluding Catalina Labs observed holidays.
Upon receipt from Customer of a report of an error or problem affecting Customer’s use of the Wixi.Expert platform, Catalina Labs use its commercially reasonable measures on an ongoing basis to remedy the reported problem or malfunction. Catalina Labs may request certain information (data, screen shots, etc.) to properly validate and reproduce the problem or malfunction. All response times will begin after Customer reports the problem or malfunction and Catalina Labs can verify it and determine it is not due to a cause or reason that falls within the definition of Excluded Downtime. Catalina Labs will acknowledge reported problems and malfunctions and responded to those that are so verified and determined, in accordance with the following schedule:
The problem causes complete loss of service or an outage having an impact on a Customer’s business, affecting the majority of users or major applications. Work cannot reasonably continue, the operation is mission critical to the business and the situation is an emergency. A Severity 1 problem has one or more of the following characteristics:
• Data corrupted
• A critical function is not available
• Substantial loss of Availability of the Wixi Platform
• Customer’s business operations have been severely disrupted.
Within 6 business hours
Once daily (including weekends)
The problem affects a small user group or functionality.
• Operation can continue in a restricted fashion; although long-term productivity might be adversely affected.
• A major milestone is at risk. Ongoing and incremental installations are affected.
• A temporary workaround is available.
Within one business day
Every three days
The problem causes minor loss of service; there is partial, non-critical loss of functionality of the Wixi Platform. The impact is an inconvenience, which may require a workaround to restore functionality, including use of a procedural workaround.
Within one week
Best effort basis
The problem causes no loss of service; minimal impact to business. The result is a minor error, incorrect behavior, or a documentation error that does not impede the operation of the services.
• There is minimal impact to Customer activities, indicating a minor issue or configuration change in the Wixi Platform is required, other issues that do not affect the functionality of the Wixi Platform, or cosmetic issues.
All feature requests are classified as Severity 4.
Within one week
Best effort basis
All categories above specifically apply only to those issues that are within the control of Catalina Labs (for example, including data center connectivity to the Internet, but not including connectivity to the Internet from Customer’s side, or any Force Majeure events beyond the reasonable control of Catalina Labs or other reasons that fall within the definition of Excluded Downtime, including problems or caueses attributable to AWS or Google Compute).
Customer will be responsible for:
5.1 Reporting errors promptly and accurately.
5.2 Designating at least one member of Customer’s technical staff who shall be Customer’s representative for contact with Catalina Labs regarding Support Services and who will serve as a single point of contact for all service optimization and IT related issues.
5.3 Providing sufficient information for Catalina Labs to duplicate the circumstances of a reported defect or duplicate the error, as described in the Documentation, so Catalina Labs can duplicate the error, assess the situation, and/or undertake any needed or appropriate corrective action hereunder.
5.4 Otherwise following instructions or suggestions from Catalina Labs.
In the event Catalina Labs (i) fails to meet the System Availability, as reported by Customer pursuant to Section 3.0 of these Service Levels, and (ii) to respond to Customer in accordance with its Response Times, Customer shall have the right to receive from Catalina Labs the applicable availability credits (“Availability Credits”) set forth below.
7.1 Customer must (i) request all service credits set forth in Section 7.2 below in writing to Catalina Labs within thirty (30) days of the Availability and Response Time failure; (ii) identify the relevant incident number or date and time relating to the Availability failure and Response Time; and (iii) indicate its preference of a credit on its next invoice, an extension of the Order Term, or an issuance of a refund in the event of expiration or non-renewal of this Order Term. Catalina Labs will issue a credit memo within thirty (30) days of Customer’s written service credit request.
7.2 Service credits are calculated as a percentage of the total charges paid by Customer (excluding one-time payments such as set-up fees) for the Wixi.Expert platform in which the Unavailability occurred in accordance with the schedule below.
Less than 99.85% but equal to or greater than 99.0%
Less than 99.0%
7.3 Catalina Labs’ obligations set forth in this Exhibit A represent Customer’s exclusive remedy, and Catalina Labs’ sole liability, for failure of the Catalina Labs Wixi.Expert platform to be Available.