HOSTED INFRASTRUCTURE AND SOFTWARE SERVICE AGREEMENT
At LABUSA we realize that the availability of your Internet based solution is of the utmost importance. Entrusting your solution and data to us is something that we approach with the highest regard. We offer a Service Level Agreement (SLA) that covers the multiple components that keep your site up and running. Our SLA is a contract between you, the customer, and LABUSA. It defines the terms of our responsibility and the money back guaranty if our responsibilities are not met.
This service level agreement (SLA) covers our suite of managed services solutions including our Email as a Service (EaaS), Electronic Fax as a Service (eFaaS), Software as a Service (SaaS), Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Video Surveillance as a Service (VSaaS). Your site's uptime is very important to us.
NETWORK AND SERVICE AVAILABILITY
We guaranty that our data center and cloud managed environments (collectively, our network) will be available 99.99% of the time in a given month, excluding scheduled maintenance. The data center network means the portion of the LABUSA network extending from the outbound port on customer’s edge device to the outbound port of the data center border router and includes LABUSA managed services, servers, switches, routers, cabling, etc. LABUSA will credit your account 5% of the monthly fee for each 30 minutes of network downtime over the allotted amount, up to 100% of your monthly fee for the affected server.
SUPPORT TICKET INCIDENT RESPONSE TIME
LABUSA’s customers can submit support service request ticket via the telephone, website interface, or email. The policy is to respond to all customer cases within 24 hours. An incident ticket is assigned a priority number based on the nature of the issue.
- Outage of service
- Initial Contact: 1 hour
- Status Update: Every Hour
- Management Escalation: Immediate
- Service accessible, buy significant features are unavailable.
- Initial Contact: 4 hours
- Status Update: 6 hours
- Management Escalation: 12 hours
- Errors but does not prevent access to significant features.
- Initial Contact: 24 hours
- Status Update: 4 business days
- Management Escalation: 5 business days.
Initial response is defined to be the first contact by a Support Engineer after the incident has been logged and a ticket generated.
A status update will be communicated to the customer if the incident cannot be resolved immediately. A final follow-up with the customer
occurs on the resolution date. The ticket will remain open until confirmation is received that the customer is satisfied with the resolution.
All communication on the status and resolutions is confirmed over email.
End-User acknowledges that not all P3 problems will require a workaround. LABSUA may, in its reasonable discretion, respond to a P3 problem by making the Error a feature request.
For P1 and P2 incidents, End-User shall initiate contact with LABUSA Support via telephone or a customer-specific web portal and indicate the probable category of the incident. For P3 incidents, End-User may email, telephone, or us the customer-specific web portal.
DATA RIGHTS AND RESPONSIBILITY
Other than the rights and interests expressly set forth in this Agreement, and excluding LABUSA equipment and the properties and works derived from LABUSA managed solutions, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to your content.
Upon request by Customer made before or within sixty (60) days after the effective date of termination, LABUSA will make available to Customer for a complete and secure download of Customer Data in their native format.
Each party acknowledges that, in the course of performance hereunder, they may receive personally identifiable information that may be restricted from disclosure under the
Health Insurance Portability and Accountability Act (HIPAA) and/or the Family Educational Rights and Privacy Act (FERPA).
Notwithstanding any other provision of this Agreement, each party will be responsible for all damages, fines and corrective action arising from disclosure of such information caused by such party's breach of its data security or confidentiality provisions hereunder.
The service commitment does not apply to any unavailability, suspension or termination of issues:
- that result from a suspension described in any contract Agreement;
- caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of LABUSA;
- that result from any actions or inactions of you or any third party;
- that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control);
- that result from any maintenance as provided for pursuant to the Agreement. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.