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13 <br />Rev. 101019 <br /> <br />EXHIBIT A <br /> <br />SERVICE LEVEL AGREEMENT (SLA) <br /> <br />Service Level Agreement: The Services, in a production environment, are provided with the service levels <br />described in this Exhibit A. SLAs are only applicable to production environments. SLAs will be available <br />upon Customer’s signature of Kronos’ Go Live Acceptance Form for Customer’s production environment. <br /> <br />99.75% Application Availability <br /> <br />Actual Application Availability % = (Monthly Minutes (MM) minus Total Minutes Not Available (TM)) <br />multiplied by 100) and divided by Monthly Minutes (MM), but not including Excluded Events <br /> <br />Service Credit Calculation: An Outage will be deemed to commence when the Applications are unavailable <br />to Customer in Customer’s production environment hosted by Kronos and end when Kronos has restored <br />availability of the Applications. Failure to meet the 99.75% Application Availability SLA, other than for <br />reasons due to an Excluded Event, will entitle Customer to a credit as follows: <br /> <br />Actual Application Availability % <br />(as measured in a calendar month) <br />Service Credit to be applied to Customer’s <br />monthly invoice for the affected month <br /><99.75% to 98.75% 10% <br /><98.75% to 98.25% 15% <br /><98.25% to 97.75% 25% <br /><97.75 to 96.75% 35% <br /><96.75 50% <br /> <br />"Outage" means the accumulated time, measured in minutes, during which Customer is unable to access the <br />Applications for reasons other than an Excluded Event. <br /> <br />“Excluded Event” means any event that results in an Outage and is caused by (a) the acts or omissions of <br />Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, <br />applications or systems not owned or controlled by Kronos, including without limitation Customer Content, <br />failures or malfunctions resulting from circuits provided by Customer, any inconsistencies or changes in <br />Customer’s source environment, including either intentional or accidental connections or disconnections to <br />the environment; (c) Force Majeure events; (d) expected downtime during the Maintenance Periods described <br />below; (e) any suspension of the Services in accordance with the terms of the Agreement to which this Exhibit <br />A is attached; (f) the unavailability of required Customer personnel, including as a result of failure to provide <br />Kronos with accurate, current contact information; or (g) using an Application in a manner inconsistent with <br />the Documentation for such Application. <br /> <br />“Maintenance Period” means scheduled maintenance periods established by Kronos to maintain and update <br />the Services, when downtime may be necessary, as further described below. The Maintenance Period is used <br />for purposes of the Service Credit Calculation; Kronos continuously maintains the production environment <br />on a 24x7 basis to reduce disruptions. <br /> <br /> Customer Specific Maintenance Period <br /> <br />1. Customer will choose one of the following time zones for their Maintenance Period: <br />a. United States Eastern Standard Time, <br />b. GMT/UTC, <br />c. Central European Time (CET) or <br />d. Australian Eastern Standard Time (AEST). <br /> <br /> <br />2. Customer will choose one of the following days of the week for their Maintenance Period: