Service Level Agreement (SLA)
Definitions. For the purposes of this SLA, the following definitions shall apply:
1. “Scheduled Maintenance” means the total number of minutes in a given month for a planned, defined, and scheduled period of time during which Pixis performs routine maintenance on the Solution. Scheduled Maintenance will be performed during non-business hours. Scheduled Maintenance will not exceed (i) six (6) hours in duration for any individual instance and (ii) twelve (12) hours in the aggregate during any calendar month.
2. Uptime Requirement; Response Time Requirement. Pixis shall cause the Solution to be Available at least 99.00% of the time measured over each calendar month during the Term following the Effective Date, excluding Scheduled Maintenance (“Uptime Requirement”).
a. Exceptions. Notwithstanding anything to the contrary herein, the occurrence of any one of the following events will constitute an exception to Pixis’s obligations to meet the service level targets specified in this Exhibit A failure to meet the service levels that is caused by any act or omission of User, where such failure would not have occurred but for such an act or omission.
b. Emergency maintenance may be undertaken at any time, though on an infrequent basis, and shall be expressly excluded from the calculation of uptime percentages and any applicable maintenance duration limitations.
Compensation will be provided in the form of service credits applied to User’s monthly billing cycle.
The amount of service credit will be determined as follows:
● Tiered Credit Structure
a) 6 hours of downtime:
o Credit: 5% of the monthly fee.
o Rationale: This is a minimal disruption but acknowledges the impact on the client.
b) 7–12 hours of downtime:
o Credit: 10% of the monthly fee.
o Rationale: Significant service unavailability warrants a higher credit.
c) 12–24 hours of downtime:
o Credit: 20% of the monthly fee.
o Rationale: Extended disruption should be fairly compensated.
d) More than 24 hours of downtime:
o Credit: 50% of the monthly fee (credit cap).
o Rationale: A full day of downtime is highly disruptive and may be considered a breach of SLA, so this is the maximum allowable credit.
e) Credit Cap: Service credits are capped at 50% of the monthly fee.
f) Exclusions: The following are excluded from service credit eligibility:
a. Downtime caused by Scheduled Maintenance.
b. Force majeure events.
c. Issues resulting from third-party APIs, software or hardware not managed by Pixis.
3. Support during the business hours of the Pixis. Pixis will, at no additional cost, provide to User email support relating to the use and operation of the Solution or any problems therewith in accordance with the terms of this SLA. Email support will be provided during the regular business hours of Pixis i.e. as per the EST time zone. Business hours of the Pixis shall mean Monday to Friday 9.00 a.m. to 6.00 p.m. Eastern Time.
4. Software Maintenance.
4.1. Introduction. In the event a defect, bug, or other service-affecting issue is detected by either Pixis or User, the issue will be categorized as an incident pursuant to the criteria below. Each incident will be communicated to the defined contacts and resolved as defined in the table below.
4.2. Priority Level Definitions and Assignments. Each incident will be assigned a priority level based on the criteria listed below. Upon reporting a new incident, the user may propose a severity level; however, Pixis will confirm and may reasonably reclassify the severity based on the actual impact.
4.2.1. Severity Level 1 (“Critical”). A Severity Level 1 problem means any of the following:
● A complete outage.
● Loss of data with no ability to retrieve it back
● Inability to service technical support requests during support hours
4.2.2. Severity Level 2 (“Serious”). A Severity Level 2 problem means any of the following:
● A significant degradation of the service occurs
● An outage that affects 25-50% of User’s staff users
● Results are materially different from those described in the product definition.
● Serious failure of the Solution that causes significant delays in data updates.
4.2.3. Severity Level 3 (“Moderate”). A Severity Level 3 problem means any of the following:
● A minor degradation of the service delivery occurs.
● An outage that affects 10-25% of User’s staff users
● Recent modifications to the system cause services to operate in a way that is materially different from those described in the product definition for non-essential features.
4.2.4. Severity Level 4 (“Minor”). A Severity Level 4 problems means any of the following:
● A small system delay, but no loss of data
● A minor application error occurred
Severity Level Initial Response Final Resolution
Critical (Level 1) 4 business hours 1 business day
Serious (Level 2) 8 business hours 2 business days
Moderate (Level 3) 8 business hours 3 business days
Minor (Level 4) 8 business hours 4 business days
4.2.5. Definitions: For purposes of Section 4.2.4, the following terms shall have the meanings set forth below:
● “Initial Response” means the first contact provided to the user by Pixis. This response
may be in the form of an email message or, a chat message or, a documented phone call, or documented personal acknowledgement and will normally contain the service request number for tracking purposes.
● “Final Resolution” means a fix or documented workaround that restores the service to materially normal operation.
5. SLA Exclusions the SLA does not apply to: -
5.1. Due to factors outside the Pixis’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to Pixis’s data centers, including at User’s site or between User’s site and Pixis’s data center);
5.2. That results from the use of services, hardware, or software not provided by the Pixis, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
5.3. Caused by User’s use of a Service after Pixis advised them to modify its use of the Service, if User
did not modify Pixis’s use as advised.
5.4. That results from the User’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service.
5.5. In the event of a scheduled maintenance window (intimation of which, will be provided at least 3 business days by the Pixis in advance).
6. Claim Process
6.1. Users must submit claims with details for service credits within 2 days of the incident. Failure to do so will result in the claim being rejected automatically.
6.2. Claims should include details of the incident, including date, time, and nature of the issue.
7. General Process
7.1. This SLA forms part of the Services Agreement between Pixis and User.
7.2. Pixis reserves the right to update this SLA with prior notice of 7 days to User.
8. Application
8.1. Approved credits which are undisputed shall only be applied to the next cycle.