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Service Level Agreements

OpCon Cloud - Service Level Agreement

Effective as of June 1, 2022

Monthly System Availability Service Level:

OpCon Cloud System Availability Level = 99.9%

Should Company fail to achieve 99.9% over a calendar month, Company and Customer shall work together to determine the root cause of such failure. In the event that Company fails to achieve 99.9% System Availability for a second consecutive month, or for any three (3) non-consecutive months during a calendar year, Customer shall be entitled to a credit of:

MONTHLY UPTIME PERCENTAGE

SERVICE CREDIT*

< 99.9%

10% of Monthly Fees

< 99%

25% of Monthly Fees

< 95%

100% of Monthly Fees

"Available" means Company's hosting infrastructure, applications, databases, systems, software, and data transmission are fully operational and able to run schedules or jobs and transmit Customer's data accurately.

“Monthly Fees” equates to one-twelfth the annual amount charged for the OpCon Cloud system.

"System Availability" means the percentage of total time during which the Services are available to Customer. System Availability applies to non-scheduled maintenance but expressly excludes Company's standard maintenance windows.

*All credits or refunds shall be paid by Company to Customer in the form of an invoice credit.

Managed Automation Services - Service Level Agreement

Automatic issue reporting

Support cases will automatically be created anytime there is an issue with your OpCon environment. Our Managed Automation Services (MAS) team will configure alerts to trigger under the following conditions:

  • Failed job
  • Job unable to start
  • Job late to start
  • Job late to finish
  • Job exceeds normal run time

MAS clients will have access to the customer portal where they can view all activity in their system. If customers have any specific issues or requests to report, they can utilize the MAS service requests module to do so.

*Note: Emergency requests include two per month, and beyond this number additional charges may apply

MAS support email: [email protected]

MAS support phone: 1.877.274.5771

Service Request Response Targets

Service Requests

Implement

Emergency*

1 hour

Quick Change

4 business hours

Normal

3 business days

*Refer to https://www.smatechnologies.com/sla for more information

Service Level Targets

If the Monthly Service Level targets are not met per the table below for any Service Level, Customer may request service credits within 30 days from the end of the month in which such targets were missed or terminate for Service Level Breach with no fee or penalty as specified in Section 3(c) of the Terms.

Monthly Service Level Targets

Rating

Service Credit/Service Breach

99% or above

Meets or exceeds target

None

95% to 99% met during one month of a rolling 12-month period

Unacceptable

50% credit for time spent working the incident

Below 95% not met during a second month of a rolling 12-month period

Unacceptable

Customer may terminate for Service Level Breach