Last Updated: 4/28/2021
1. Definitions. Any capitalized terms not defined herein shall have the meaning provided in KAGR’s standard Master Client Agreement, located at kagr.com/legal-master-client-agreement/.
Excluded Outage means (a) Scheduled Downtime; (b) any outage caused by a Force Majeure event, (c) any outage that resulted from action or inaction of Client or an Authorized User, or (d) an outage that resulted from Client’s or Authorized User’s equipment or other equipment that is not within the control of KAGR.
Platform Hours of Operation means 24x7x365.
Scheduled Downtime means the time during which the Client is not able to access the Platform due to planned system maintenance including back up processes.
Service Credit means credit(s) provided to Client toward the next monthly Subscription Fees in accordance with Section 2.2 of this SLP.
SLP means this Service Level Policy.
System Availability Performance means for any month during the Platform subscription term, the percentage calculated by dividing the System Uptime by the Total Monthly Hours for such month.
System Uptime means the total time measured on a monthly basis during which the access to the Platform is available to Authorized Users and the features and functions of the Platform are properly functioning.
Total Monthly Hours means for any month, the amount by which (a) the number of Platform Hours of Operation in such month exceeds (b) Excluded Outages.
2. Service Performance and Credits.
2.1 Scheduled Downtime. KAGR shall provide Client with notice at least 48 hours prior to Scheduled Downtime. KAGR shall use reasonable efforts to prevent Scheduled Downtime from occurring during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 pm Eastern Time) and from exceeding 20 hours per month.
2.2 System Availability Performance Credits. The System Availability Performance goal is 99% or greater, as measured monthly. If the Client believes that KAGR has failed to maintain the System Availability Performance goal it must notify KAGR in writing within 10 days following the end of the month in which the alleged failure occurred. Failure by KAGR to meet the minimum System Availability Performance shall, result in Service Credit(s) toward the next monthly Subscription Fee according the schedule set forth below:
|System Availability Performance||% Service Credit Toward Next Monthly Subscription Fee|
|99% or above||0%|
|At least 95% but less than 99%||10%|
|At least 90% but less than 95%||15%|
|Less than 90%||20%|
3. Reports & Service Credits. When requested, KAGR will deliver to Client information on System Availability Performance. KAGR shall apply the Service Credit to the invoice for Subscription Fees for the month immediately following the month in which the Service Credit was incurred. The parties acknowledge that (a) the Service Credits are a reasonable estimate of the actual loss the Client will suffer if the System Availability Performance goal is not achieved; (b) the amount of actual loss cannot be precisely determined but the Service Credits are not plainly or grossly disproportionate to the actual loss; and (c) the Service Credits are not intended as a penalty to compel performance.
4. Support & Problem Resolution.
The target response time and resolution period for Client requests, depending on the severity level of the request is per the schedule below. KAGR’s regular business hours are Monday through Friday, 9:00 a.m. to 5:00 p.m. Eastern Time.
|Severity Level||Criteria||Examples||Target Initial Response Time||Target Resolution Period|
|Critical||Emergency situation in which Platform is inoperable and Client cannot perform daily activities as expected||Platform is unavailable to Client Data does not appear in any dashboards||2-3 hours||4-6 hours|
|High||Significant impact situation in which Platform is impacted and Client cannot perform some daily activities as expected||Client does not receive expected results in a specific dashboardData integration feed has not updated on its designated schedule||3-5 hours||1-2 days|
|Medium||Situation in which the Platform is usable but does not provide an expected function in the most convenient manner or results in cosmetic or isolated errors||Client cannot export data from a specific dashboard||2-3 days||1-2 weeks|
|Low||Situation in which Client is impacted in some way but is reasonably corrected with a documentation change or future release from KAGR||Change in filter name on existing dashboard||4-5 days||Variable based on future planned updates to the Platform|
Initial response is measured from the time when the problem is first reported to the KAGR support team. Resolution may involve temporary workarounds that reduce the severity, at which point the resolution targets for the reduced severity shall apply. KAGR will use diligent efforts to achieve target response and resolution times and in instances in which such targets are not achievable, KAGR shall keep Client timely apprised of progress, revised target resolution times and plans to achieve resolution.