Service Level Agreement
THIS SERVICE LEVEL AGREEMENT ("Agreement" or "SLA") shall apply to all managed services provided by nGenX Corporation (nGenX) expressly as an Service Order ("SO") for each customer ("Customer").
This service level agreement defines the Managed Hosting Service for the benefit of its clients and their customers. nGenX Corporation places a high priority on delivering efficient and friendly services while meeting or exceeding our clients' needs with professionalism and courtesy. nGenX is committed to providing a reliable, high-quality network to support its customers. The overall service availability metric is 99.9%, measured on a monthly basis.
Summary
Availability is calculated in the following formula:
A = (T -M -D) / (T -M) x 100%
A = Availability
T = Total Monthly Minutes
M = Maintenance Time
D = Downtime
Term Definitions
For the purpose of this Service Level Agreement, the following terms shall have the following
meanings:
Available or Availability - When the Customer has reasonable access to the core functionality of the subscribed services provided by NGenX subject to the exclusions defined in Downtime Minutes below.
Total Monthly Minutes - The number of days in the month multiplied by 1,440 minutes per day.
Maintenance Time - The time period during which the Services will not be Available each month so that NGenX can perform routine maintenance to maximize the performance of the Services, up to 240 minutes (4 hours) per month.
Downtime - The total number of minutes that the Customer cannot access their authorized applications via the specific access method for the Services. The calculation of Downtime Minutes excludes time that the Customer is unable to access their authorized application due to any of the following: (i) the Maintenance Minutes; (ii) Customer or your user's own Internet service provider; (iii) a Force Majeure event; (iv) any systemic Internet failures; (v) any failure in Customers own hardware, software or Network connection; (vi) Customers bandwidth restrictions; or (vii) Customer's, acts or omissions.
Network - The network outside of nGenX edge routers.
Problem Response Time - The time period after nGenX's confirmation of the Service event, from receipt of the information required from the Customer for TMC's customer care representatives to begin resolution and open a trouble ticket in TMC's systems.
Maintenance Notices - nGenX will communicate the date and time that nGenX intends to make the Services un-Available through an email sent to the Customer's Administrator at least forty-eight (48) hours in advance (or longer if practical), or via the front page in support web site. The Customer understands and agrees that there may be instances where nGenX needs to interrupt the Services without notice in order to protect the integrity of the Services due to security issues, virus attacks, spam issues or other unforeseen circumstances.
Force Majeure - Acts beyond the reasonable control of nGenX, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, storm or other similar occurrence; any law, order, regulation, direction, action or request of the United States Government or state or local governments, or of any department, agency, commission, court, bureau, or other Instrumentally of any one or more said governments or of any civil or military authority; national emergencies; insurrections; riots; wars; strikes; lock-outs or work stoppages or other labor difficulties; difficulty obtaining access to facilities; supplier failures; shortages; breeches; or delays.
nGenX Data Network - The data communications network and network components owned, operated or controlled by nGenX at our hardened data centers.
Problem Response Time - The time period after nGenX's confirmation of the Service event, from receipt of the information required from the Customer for nGenX's customer care representatives to begin resolution and open a trouble ticket in nGenX's systems.
Maintenance Notices - nGenX will communicate the date and time that nGenX intends to make the Services unavailable through an email sent to the Customer's Administrator at least forty-eight (48) hours in advance (or longer if practical), or via the front page in support web site. The Customer understands and agrees that there may be instances where nGenX needs to interrupt the Services without notice in order to protect the integrity of the Services due to security issues, virus attacks, spam issues or other unforeseen circumstances.
Measurement
nGenX uses a proprietary system to measure whether the Services are available and the Customer
agree that this system will be the sole basis for resolution of any dispute that may arise
between the Customer and nGenX regarding this Service Level Agreement.
Service Commitment
nGenX is committed to providing a reliable, high-quality network and Data Center to support
its Managed Hosting Service product(s). As part of this commitment, nGenX is pleased to offer
customers the following guarantees. If nGenX fails to meet any of these guarantees, a Service
Credit will be provided to the customer as set forth below in this Service Level Agreement.
Application Availability Guarantee
nGenX guarantees 99.9 percent up-time of applications hosted on our platform. Up-time is
calculated over thirty, ninety, and three-hundred and sixty-five day period(s) excluding both
scheduled application and hardware maintenance as detailed below.
Maintenance and Upgrades
There are several updates and patches that will occur during the year. nGenX will support
Sage recommendations and direction for the timing of both Operating System and Abra updates.
- End User Initiated updates internal to Abra software (examples = tax or benefit schedules) - There is an assumption that there are updates that are prompted or initiated from within the Abra software by the end user or Sage Support Tech answering a prompt or running an update program. nGenX will be available to assist the customer or Sage support personnel as needed.
- Sage initiated program and operating system updates - There is an assumption that
Sage will release program updates and upgrades as needed. These updates will be requested
by the End User to Sage in order to meet a functional requirement or patch to a
problem. There will also be operating system updates and patches that will need to be
applied.
- Option 1 - nGenX will just provide a server that nGenX will manage the operating system but Sage or Sage Partner will have admin level rights and will be responsible for all Application updates and patches. (Managed Server)
- Option 2 - nGenX will provide a server and will maintain all admin rights and will coordinate all upgrades and patches with Sage personnel and Partners. (Managed Server and Application)
Problem Response Time
nGenX's failure to meet the Service level metric for Problem Response Time for a month shall
result in a Service Level Credit calculated per incident at a rate of $50.00, up to a maximum
Service Level Credit of $200 of the monthly bill for service (not including setup, activation
fees or other services provided by nGenX per month. The response time per incident will vary
upon the degrees defined below:
Category 1 Response Time - 5 minutes
Unplanned interruption rendering the Services unavailable; no work-around
Category 2 Response Time - 15 minutes
Unplanned interruption rendering the Services unavailable; work-around available
Category 3 Response Time - 4 hours
Services are unavailable for a single user or small percentage of users affected
Category 4 Response Time - 8 business hours
Intermittent problem
Availability
Maintenance Window No Service Credit 1 Minute - 5 Minutes No Service Credit >97.9% but
< 99.999% Amount of Credit for Affected Services for Affected Month - 5% >96.9% but < 97.9%
Amount of Credit for Affected Services for Affected Month - 7% < 96.9% Amount of Credit for
Affected Services for Affected Month - 9%
Customer Broadband Requirement
Customer or their representative understands that they must provide a broadband connection
for the service to traverse. Customer understands that if broadband connection is disrupted
nGenX service(s) will fail to function properly. nGenX accepts no responsibility for customers
broadband connection and will therefore provide no credit for the disruption of nGenX
service(s) due to failure