Service Level Agreement

This document outlines the service level agreement for CUSTOMERs provisioned with Hosted Services with ASCENDO.AI.

This document contains the Service Level Agreement for ASCENDO.AI. Please read it carefully as this is the official agreement in force at the present time. The agreement listed below supersedes any other written document you may have prior to today’s date. Exhibits to this agreement are also available highlighting additional terms. If you have questions or comments about this agreement, please do not hesitate to contact us.

SLA Objective


THIS SERVICE LEVEL AGREEMENT (“Agreement” or “SLA”) shall apply to all Hosted Services provided by ASCENDO.AI expressly as an addendum to the eKryp’s Software As A Service (“SaaS”) for each customer/client/ / /administrator/end-user/user (“CUSTOMER”). ASCENDO.AI is committed to providing a highly available and secure network to support its CUSTOMERs. Providing the CUSTOMER with consistent access to Hosted Services is a high priority for ASCENDO.AI and is the basis for its commitment in the form of an SLA. The SLA provides certain rights and remedies in the event that the CUSTOMER experiences service interruption as a result of the failure of  ASCENDO.AI infrastructure. The overall service availability metric is 99.99%, measured on a monthly basis.

Term Definitions


For the purpose of this Service Level Agreement, the terms in bold are defined as follows:

 

Available or Availability


When the CUSTOMER who’s account is active and enabled has reasonable access to the Hosted Service provided by EKRYP.COM, 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 Hosted Service may not be Available each month so that EKRYP.COM can perform routine maintenance to maximize performance is on an as-needed basis.

Downtime
The total number of minutes that the CUSTOMER cannot access the Hosted Service. The calculation of Downtime Minutes excludes time that the CUSTOMER is unable to access the Hosted Services due to any of the following:

(a) Maintenance Time
(b) CUSTOMER ‘sown Internet service provider
(c) Force Majeure event
(d) Any systemic Internet failures
(e) Enhanced Services
(f) Any failure in the CUSTOMER ‘sown hardware, software or network connection
(g) CUSTOMER‘s bandwidth restrictions
(h) CUSTOMER‘s acts or omissions
(i) Anything outside of the direct control of ASCENDO.AI

Cloud Providers


The infrastructure inside or major hosting providers – Amazon, Google, or Microsoft.

Problem Response Time


The time period after ASCENDO.AI’s confirmation of the Service event, from receipt of the information required from the CUSTOMER for ASCENDO.AI’s Support Team to begin resolution and open a trouble ticket in ASCENDO.AI’s systems. Due to the wide diversity of problems that can occur, and the methods required to resolve them, problem response time IS NOT defined as the time between the receipt of a call and problem resolution. After receiving a report of fault, ASCENDO.AI shall use a reasonable method to provide CUSTOMER with a progress update.

Affected Seats

ASCENDO.AI’s Hosted Service is provided in a multi tenant architecture where seats or applications of a CUSTOMER‘s domain may be extended across numerous servers. CUSTOMER may obtain remedy only for affected seats or applications residing on the server experiencing Downtime exceeding the SLA.

Maintenance Notices

ASCENDO.AI will communicate the date and time that ASCENDO.AI intends to make the Hosted Services un-Available via email from customer.service@ekryp.com at least forty-eight (48) hours in advance (or longer if practical). The CUSTOMER understands and agrees that there may be instances where ASCENDO.AI needs to interrupt the Hosted Services without notice in order to protect the integrity of the Hosted Services due to security issues, virus attacks, spam issues or other unforeseen circumstances. Below are the Maintenance Windows and their definitions:

Emergency Maintenance


These change controls happen immediately with little notification ahead of time; however, we will post the information to the website soon after or during the change.

Preventative Maintenance


These change controls are when we detect an item in the environment that we need to take action on, to avoid emergency change controls in the future. These change controls, if possible, will usually occur in low peak hours with the peak being defined by our network metrics.

Planned Maintenance


These are change control’s being done to:

  • Support on-going product and operational projects to ensure optimal performance

  • Deploy non-critical service packs or patches.

  • Periodic redundancy testing.

As a practice, Ascendo reserves the right to perform maintenance weekly on Sunday between the time of 7 PM pacific to 10 PM Pacific. In addition to that window, if additional maintenance window is required, where possible planned maintenance will be posted 5-days prior; however, certain circumstances may preclude us from doing so, such as an external vendor issuing a change control to ASCENDO.AI, e.g. the power company alerting us to perform power testing 48 hours ahead of time.

CUSTOMER Responsibility

Minimum Requirements


The required configurations CUSTOMER must have to access the Hosted Services include:

  • Internet connection with adequate bandwidth

  • Internet Browser

Standard Service Levels

Term of the Service Level Agreement

This Service Level Agreement shall only become applicable to the Hosted Services upon the later of (a) completion of the “stabilization period,” as such term is defined in the Statement of Work (if any), or (b) ninety (90) days from the provisioning of Hosted Services.

  1. Category Level

    • Criteria: Unplanned interruption rendering the Services un-Available; no work-around​

      • Problem Response Time: Will respond and begin remedy the problem within four hours; will establish escalation call for a status update until resolution. If eKryp provides Customer with an acceptable workaround then such error will be re-classified as Sev 2 issue.

  2. Category Level

    • Criteria: ​Unplanned interruption rendering the Services un-Available; workaround available

      • Problem Response Time​: Will respond and begin to remedy within one business day of receipt of such a request. We will provide periodic updates via the scheduled maintenance window.

  3. Category Level

    • Criteria: ​Services are un-Available for a single User or small percentage of CUSTOMER affected.

      • Problem Response Time​: Will respond and begin to remedy within one week of the request. We will provide periodic updates via the scheduled maintenance window.

 

 

Service Levels – Enterprise


Term of the Service Level Agreement
This Service Level Agreement shall only become applicable to the Hosted Services upon the later of (a) completion of the “stabilization period,” as such term is defined in the Statement of Work (if any), or (b) ninety (90) days from the provisioning of Hosted Services. The Enterprise service levels are an extension of the standard service levels and needs to be purchased separately.

Measurement

ASCENDO.AI uses a proprietary system to measure whether the Hosted 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 ASCENDO.AI regarding this Service Level Agreement.

Availability is calculated based on the following formula:
A = (T – M – D) / (T – M) x 100%
A = Availability
T = Total Monthly Minutes
M = Maintenance Time
D = Downtime

Problem Response Time
The response time per incident will vary upon the degrees defined below:

We will also perform Quarterly Business Review on the overall Service Levels with the customer contact

Remedy and Procedure


The CUSTOMER’s remedy and the procedure for obtaining the CUSTOMER’s remedy in the event that ASCENDO.AI fails to meet the Service level metrics set forth above are as follows:

To qualify for remedy:


(a) There must be a support ticket documenting the event within 24 hours of the service interruption
(b) CUSTOMER account must be in good standing with all invoices paid and up to date

The CUSTOMER must notify ASCENDO.AI in writing within five (5) business days by opening a support ticket and providing the following details:

  • The subject of the email must be: “Claim Notice – CUSTOMER Domain.ASCENDO.AI” (CUSTOMER main point of contact must be within Ascendo and only they can request the remedy)

  • List the type of Hosted Service that was affected

  • List the date the Downtime Minutes occurred

  • List application functionality affected by Downtime Minutes

  • List an estimate of the amount of actual Downtime Minutes

  • Ticket number of the documented event

ASCENDO.AI will confirm the information provided in the Claim Notice within five (5) business days of receipt of the Claim Notice. If ASCENDO.AI cannot confirm the Downtime Minutes, then the CUSTOMER and ASCENDO.AI agree to refer the matter to executives at each company for resolution. If ASCENDO.AI confirms that ASCENDO.AI is out of compliance with this Service Level Agreement, the CUSTOMER will receive the amount of Service Level Credits set forth above for the affected Service level metric and the affected Seats for the affected month. The SLA credit will be reflected in the ASCENDO.AI invoice to the CUSTOMER in the month following ASCENDO.AI confirmation of the Downtime Minutes. Please note that SLA credits can only be applied to accounts that are in good standing with all invoices paid and up to date.

Ascendo.ai
228 Hamilton Avenue, Floor 3,
Palo Alto, CA 94301
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