- Uptime. Bound shall maintain 99.9% uptime with respect to the Hosted Service during each calendar month of the Term, excluding regularly scheduled maintenance windows (as described below). The measurement of uptime shall be based solely on reporting provided from monitoring tools utilized by Bound.
- Regularly Scheduled Maintenance. Regularly scheduled maintenance time that does not exceed 3 hours each month does not count as downtime. Maintenance notifications are communicated via forum articles in the Bound customer support portal. Maintenance time is considered regularly scheduled if it is communicated at least 24 hours in advance of the maintenance time. Unless otherwise communicated, regularly scheduled maintenance time is typically scheduled to occur once per month.
- Emergency Maintenance. Downtime of the Service outside of the Regularly Scheduled Maintenance window hours that is required to complete the application of urgent patches or fixes, or to undertake other urgent maintenance activities. If Emergency Maintenance is required, Bound will immediately contact the Customer and provide the expected start time of the Emergency Maintenance, its planned duration, and whether Bound expects the Hosted Service to be unavailable during the Emergency Maintenance.
- Exclusions. Bound does not guarantee uptime in the event of: (a) use of the Hosted Service outside the scope described in the Agreement and the Documentation; (b) Customer Equipment, software or other technology or third party equipment, software or other technology outside of Bound's data center and not under the direct control of Bound; (c) failure of the Customer to meet the configuration requirements for the Customer Equipment set forth in the Documentation; (d) factors outside of Bound's reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Bound's network; (e) electrical or internet access disruptions; (f) any actions or inactions of the Customer or any other third party not under the direct control of Bound; or (g) attacks (i.e. hacks, denial of service attacks, malicious introduction of viruses and disabling devices) caused by third parties.
- Support Hours. For Severity Level 1 matters, support is provided 24x7x365. For all other Severity Levels, support is available 9 am to 5 pm Central Time each Business Day (each such hour is hereafter referred to as a "Business Hour"). "Business Day" means Monday through Friday, based on Bound's primary place of business time zone (Central time), and excludes any Bound U.S. holiday (defined under “Holidays" in Section 4 of this Exhibit A).
- Customer Contact Persons. Customer will appoint up to three designated support contact persons knowledgeable in the Services for purposes of contacting Bound's support team regarding support issues pertaining to the Hosted Services, including reporting technical support issues via the Bound web support tool.
Support Issue Severity Levels, Response Times, Issue Resolution, and Escalation
- Bound will respond to support issues that can be reproduced by Bound, in accordance with Table 1. The Severity Level assigned to support issues will be determined by Bound in its reasonable discretion, but taking into consideration the Customer's input of the Severity Level. Customer requested enhancements, customizations, and/or modifications are not support issues for this purpose.TABLE 1
SEVERITY LEVEL RESPONSE COMMITMENT TIME TABLE Initial Response* Communication Cadence S1 1 Business Hour Every 1 hour to completion. S2 6 Business Hours Every 3 hours to completion. S3 12 Business Hours Every 6 hours to completion. S4 24 Business Hours Timing defined in ticket response. * Initial Response is the time within which a response is made after reasonable level of analysis of the issue has been conducted by Bound. The times noted above are the maximum timeframes, as responses are provided as soon as possible after the initial analysis is completed. In rare occasions, more analysis time may be required, in which case an initial response will be made within the response parameters stating the situation and additional time request.
- Severity Level Descriptions.
- Severity Level 1 (S1). Complete Service Failure. An S1 is defined by a complete loss of Hosted Service or errors within the Hosted Service that are preventing access to the Hosted Service.
- Severity Level 2 (S2). Loss of Key Functionality. An S2 is defined by Customer's being unable to perform a mission-critical business function with the potential for high business impact; or there is an underperforming workaround in place for a mission-critical business function with the potential for high business impact.
- Severity Level 3 (S3). Impaired Performance. An S3 is defined as some feature or function of the Hosted Service being impaired while most other functions remain operational.
- Severity Level 4 (S4). Requests, Tasks, Questions. An S4 is defined as items in the form of requested enhancements, customizations, and/or modifications based on a perceived improvement and do not have an impact on Customer's normal business operations.
- Resolution. Technical support issues meeting the severity level descriptions set forth above will be addressed as set forth below:
- Severity Level 1. Bound resources will work 24 hours per day, 7 days per week, to resolve all Severity Level 1 incidents until the issue has a temporary repair and workaround in place. A permanent repair will be performed during Business Hours. Upon request by Bound, the Customer will use reasonable efforts to make a designated contact available 24 hours per day, 7 days per week to assist Bound resources in the investigation of the issue.
- Severity Level 2. Bound resources will work outside of Business Hours to resolve incidents until the issue has a temporary repair/workaround in place. A permanent repair will be performed during Business Hours.
- Severity Level 3. Bound support resources will work during Business Hours until a temporary repair is in place. A permanent repair will be performed during Business Hours.
- Severity Level 4. Bound resources will work during Business Hours to respond to requests, tasks and questions in order of their priority.
- Escalation. Support issues may be escalated by the Customer as follows.
- Severity Escalation. Customer may request severity escalation of a support issue by notifying Bound's support resources of extenuating circumstances that cause the support issue to have an adverse impact on the Customer's ability to conduct business. The request to escalate the severity of a support issue may be initiated by submitting or updating a ticket with the word “escalate" in the subject line. Bound shall not be liable for failure to address or resolve such issues in accordance with the escalated severity level.
- Managerial Escalation. Customer may request managerial escalation by contacting Bound's designated contact persons. Issues may be escalated through subsequent levels of management, up to and including the President, as required until the support issue is resolved.
- New Year's Day
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving Eve
- Thanksgiving Day
- Christmas Eve
- Christmas Day
- New Year's Eve
If a Holiday falls on a Saturday, it will be observed on the preceding Friday. Should a Holiday fall on a Sunday, it will be observed on the following Monday.