Service Level Agreement

1. Availability

a) Definitions

i) “Target Availability” will mean 99% Availability of the Platform.

ii) “Availability” will be calculated monthly as a percentage using the following formula:

  • the total number of Available Hours for the month converted into minutes minus
  • the total number of minutes of Unavailability and the result divided by
  • the total number of Available Hours for the month converted into minutes.

iii) “Available Hours” in a month means the total number of hours in the month (24 hours per day, seven days per week) minus any time during such month for any of the following:

  • Periodic routine maintenance. All periodic routine maintenance by Boomtrain of its systems or the Platform shall be conducted during weekends or on weekdays outside of the hours of 9:00am to 7:00pmPST.
  • Emergency Maintenance.
  • Force Majeure as defined in the Agreement.

iv) “Internal Users” shall mean employees, freelancers and other contractors working for Client whom Client has specifically authorized to access and use the Platform.

v) “Unavailability” shall be defined as any period of time, in excess of 120 seconds, during which the Platform is either unreachable or responds to all valid requests with invalid responses for all of Client’s Internal Users, for reasons attributable to Boomtrain or its third-party hosting service provider.

vi) “Emergency Maintenance” means maintenance that is necessary in Boomtrain’s reasonable judgment to mitigate unforeseen risks to proactively prevent outages or security breaches. Boomtrain will use commercially reasonable efforts to notify Client of any Emergency Maintenance as soon as practicable.

b) Boomtrain will use commercially reasonable efforts to achieve the Target Availability in each calendar month.

c) In the event Boomtrain fails to meet the Target Availability in any month, Boomtrain will credit to Client an amount equal to the pro-rated Fees for a period of time which varies according to the actual Availability achieved of the Platform for that month (“Availability Credit”), as follows:

Availability (Actual) Pro-Rated Fees
Less than 99% 1 day
Less than 96% 3 days
Less than 93% 7 days
Less than 90% One-half month

To receive an Availability Credit, Client must provide written notice to Boomtrain of the purported failure within fifteen (15) days following the end of the applicable month. Notwithstanding the foregoing, in no event shall aggregate Availability Credits made to Client hereunder in any twelve (12)-month Term exceed one-half of Client’s Fees for such Term; provided however, that Client may terminate the Agreement if availability is less than ninety percent (90%) in two (2) consecutive months.

2. Support

Boomtrain will provide Client with support via phone, e-mail and online resources, to assist Client in using the Platform, identifying, reproducing, and verifying problems with the Platform, and to provide Client with work-arounds or other available solutions. Client agrees to make reasonable efforts to resolve technical support problems before contacting Boomtrain.

a) Support is available via email at support@boomtrain.com and via telephone at 206-947-8216 during the hours of 8 AM – 8 PM PST, Monday – Friday, excluding the following holiday: December 25, January 1.

b) Support is available via email and telephone 24 hours per day, 365 days of the year, for Priority 1 and 2 issues (see below).

c) Boomtrain classifies support calls on the following basis:

Priority

Description

Sample Issues

1

  • Problem has significant impact on Client’s operations
  • Service or major component is down or unusable
  • No acceptable workaround is available
  • Many or all Internal Users or Client Site visitors have no access to Service
  • Service response time significantly degraded from standard

 

2

  • Problem impacts Client’s operations
  • Service or component down or malfunctioning
  • Temporary workaround is available
  • Problem impairs Client’s ability to use Service effectively
  • Some Internal Users or Client Site visitors have no access to Service
  • Service performance is unstable

3

  • Problem has minor impact on Client’s operations
  • Problem occurs infrequently
  • Acceptable workaround available
  • Client requires patches for a non-emergency break or fix situation

4

  • Any other support issue, including requests for enhancement

 

Last updated August 15, 2016

 

For any questions in connection with this Service Level Agreement, please contact us at: support@boomtrain.com