Exhibit C
Service Level Agreement ("SLA")
- Service Level Agreement ("SLA") Definitions.
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- “Billing Cycle” means the thirty (30) day billing period specified in the Agreement or accepted Statement of Work.
- “Communication” means an acknowledged correspondence between CommunityWFM and Customer about the Software in use.
- “Delayed Response” means CommunityWFM was unable to respond to Customer’s communication within the timeframe as defined within this SLA.
- “Monthly Uptime Percentage” means the percentage of time in which the Software is available to Customer during a monthly billing cycle.
- “Software” means CommunityWFM Enterprise or CommunityWFM Essentials being accessed on CommunityWFM designated servers.
- “Response Time” is the amount of time it takes for CommunityWFM to acknowledge the correspondence created by the Customer. This time is based on when the response is received by CommunityWFM.
- “Return to Service Date” means the estimated time to repair the issue reported by the User, acknowledged and repair actions completed by CommunityWFM.
- “Service Commitment” means the amount of time the Software is accessible to Customer during any monthly billing cycle.
- “Service Credit” or “Service Credits” means a credit denominated in US dollars, calculated as set forth in this SLA, that CommunityWFM may credit back to an eligible account.
- “Unavailable” and “Unavailability” mean CommunityWFM is unable to reply because of a scheduled holiday, scheduled maintenance or force majeure event. Customer is able to inquire about these specific events as necessary.
- “User” means the individual or individuals within the Customer’s organization authorized to report issues with the Software.
- Service Maintenance Obligations.
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CommunityWFM will provide Customer with unlimited access to the toll free number (877) 668-6870, option 2, help desk for Software support to aid in product utilization, or “how to” questions and to assist the Customer’s resources with technical connectivity or IT problem identified during standard business hours (7:00 AM to 7:00 PM CST) Monday through Friday, not including nationally recognized holidays and other days that CommunityWFM may designate at its discretion as closed or “limited support” days. The Customer may also access the Customer Engagement Portal on CommunityWFM’s web site at www.communtywfm.com 24 hours, 7 days per week.
CommunityWFM shall supply Customer with fixes at no charge that correct problems identified by the Customer or that CommunityWFM shall diagnose as defects in currently supported versions of the Software Subscription, as such problems and corrections become known to CommunityWFM.
CommunityWFM, in the course of providing support, may diagnose Software errors or problems that may be addressed procedurally or with a supplied work-around. The Customer agrees to accept these procedural or work-around fixes as a solution to the issues.
- Ticket Classification.
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Each Customer interaction is logged and tracked in the CommunityWFM help desk reporting platform. Request that are outside of normal “how to” questions which may require more technical resources or troubleshooting are triaged, the ticket is opened and then properly sourced for response based on severity level.
Level Description Response Target 1 - Critical The Customer does not have access to the CommunityWFM platform, Subscription or Service. Immediate or within 2 business hours 2 - High The Customer is unable to generate reports, create forecasts or produce schedules. Immediate or within 4 business hours 3 - Medium Customer is reporting system anomaly within reporting views. 8 business hours 4 - Low How to questions. 24 hours - Items not covered under standard Service Maintenance.
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- ACD upgrades that require modification to an existing adapter.
- Customer network, hardware, and infrastructure issues.
- Additional professional services and/or training sessions.
- On-site services.
- After hours and weekend support services.
- Service Commitment: 99.95% Uptime.
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CommunityWFM will use commercially reasonable efforts to make the Software available with a Monthly Uptime Percentage of at least 99.95% during any monthly Billing Cycle (the “Service Commitment”). Subject to the SLA exclusions, if CommunityWFM does not meet the Service Commitment, Customer will be eligible to receive a Service Credit as defined in Section 6 herein. A Monthly Uptime Percentage of 99.95% means that CommunityWFM guarantees Customer will experience no more than twenty-one point five six (21.56) minutes per month of Unavailability.
- Service Credits and Service Commitments.
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Service Credits are calculated as a percentage of the total charges due on Software Subscription invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the services that were Unavailable, in accordance with the schedule below.
- For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, Customer will be eligible for a Service Credit of 1% of the charges attributable to the affected resources.
- For Monthly Uptime Percentage less than 99.0%, Customer will be eligible for a Service Credit of 15% of the charges attributable to the affected resources.
CommunityWFM will apply any Service Credits only against future payments for the Services otherwise due from Customcer. At CommunityWFM’s discretion, the Service Credit may be issued to the credit card or other approved method of payment used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle Customer to any refund or other payment from CommunityWFM. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.
- Credit Request and Payment Procedures.
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To receive a Service Credit, Customer must submit a claim by emailing jershin@communitywfm.com. To be eligible, the credit request must be received by CommunityWFM by the end of the second (2nd) billing cycle after which the incident occurred and must include the following.
- The words “SLA Credit Request” in the subject line.
- The dates and times of each Unavailability incident that you are claiming.
- The account handle(s).
- Logs that document the errors and corroborate your lack of response (any confidential or sensitive information should be removed or replaced with asterisks).
- That results from failures of PRODUCT not attributable to Unavailability.
- That results from any maintenance or attempted maintenance performed by you or any third party not designated by us.
If the Delayed Response is confirmed by CommmunityWFM, the Service Credit will be issued to the Customer within one billing cycle following the month in which the request is confirmed by CommunityWFM. Failure to provide information as required above will disqualify Customer from receiving a Service Credit.
- SLA Exclusions.
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The Service Commitment does not apply to any unavailability, suspension or termination or misuse by Customer, or other Software performance issues as specified below.
- That results from a suspension or Remedial Action, as described in the Terms.
- Caused by factors outside of CommunityWFM’s reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the CommunityWFM network.
- That results from any actions or inactions of you or any third party.
- That results from the equipment, software, technology or third party authorized by Customer (other than third party equipment within CommunityWFM’s direct control).
- That results from failures of Software not attributable to Unavailability.
- That results from any maintenance or attempted maintenance performed by Customer or any third party not designated by CommunityWFM.
If availability is impacted by factors other than those used in the Delayed Response calculation, then CommunityWFM may issue a Service Credit considering such factors at our discretion.