Service Level Agreement (SLA)

This Service Level applies to and is incorporated by reference into the Software Services Agreement made by and between Criterion and the Customer.

Availability: Service will be operational and available to Customer at least 99.9% of the time in any calendar month.

Response Time: Service will maintain the following response times.
Service Credit: 10% of the monthly fee for the month of the failure.

Database Restoration: If the Customer desires to restore from a backup, the system will be restored and fully operational within 4 hours.
Service Credit: 10% of the monthly fee for the month of the failure.

User Satisfaction Rating: Criterion measures customer satisfaction rating on every ticket opened by the Customer. Criterion will ensure a 90% satisfaction rating in any calendar year.
Service Credit: 1% of the annual fee for the year of the failure.

Definitions

Downtime - The time in which any service listed in the applicable order is not capable of being accessed by Customer, as monitored by Criterion.

Monthly Uptime Percentage - The total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

Exclusion from Downtime

• Service unavailability caused by scheduled maintenance of the platform used to provide the applicable service (Schedule is posted on the support portal and customers are usually notified via Email); or
• Service unavailability caused by events outside of the direct control of Criterion, including any force majeure event, the failure or unavailability of Customer’s systems, the Internet, and the failure of any other technology or equipment used to connect to or access the service.

Claim Procedure: To receive a service credit for a particular calendar month, Customer must submit a claim by email to the support team within 30 days of the end of the month during which the Service did not meet the SLA, and include the following information:

• Customer name;
• The name of the service to which the claim relates;
• Information supporting each claim of Downtime, including date, time, and a description of the incident and affected service, all of which must fall within the calendar month for which you are submitting a claim.

If Customer does not submit the claim within such 30-day time period, then the claim is waived.

THIS SLA STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY CRITERION TO PROVIDE THE SERVICE UNDER THE TERMS ABOVE.