Software Services Level Agreement (“SLA”) for Episerver Find™

 

1. General

1.1. This Software Service Level Agreement (“SLA”) regulates the service level received by the customer (“Customer”, “You” or “Your”) from Episerver for the ordered service (“Software Service”) as defined in Your Agreement (“Agreement”). Terms defined in the Agreement, including the Episerver End User Software Service Agreement (“EUSA”), which are capitalized terms, shall apply within this SLA.

1.2. Customer acknowledges that this SLA regulates the service level received by the Customer in respect to its enterprise search capabilities (“Enterprise Search(s)”) based on Episerver Find, hardware infrastructure, network infrastructure, operating systems and baseline technologies needed to operate the Enterprise Search.

  

2. Definitions

2.1. “Business Day” means every day from Monday to Friday except 1) if Your primary business is domiciled in the Americas - Public / Federal holidays in the United States of America, 2) if Your primary business is domiciled in Europe, Africa or the Middle East – Public holidays in Sweden, or 3) if Your primary business is domiciled in Asia-Pacific, including Australia and New Zealand – Public holidays in Australia.

2.2. “Change” means any change to the infrastructure used by Episerver, which has or may have an effect on the Software Services or on the infrastructure of Customer, its Affiliates, contractors, business partners or customers.

2.3. “Incident” means any event which is not part of the standard operation of the Software Service and which causes or may reasonably be expected to cause, an interruption to, or a reduction in the quality of, the Software Service.

2.4. “Problem” means the unknown root cause of one or more incidents.

2.5. “Users” means Customer’s and its Affiliates’ employees, consultants, contractors or agents who are authorized to use the Software Service and have been supplied a user identification and password by Customer (or by Episerver at Customer’s request).

2.6. “Work-around” means a method of avoiding an Incident or Problem, either from a temporary fix or from a technique that means that Customer and its Affiliates are not reliant on a particular aspect of the Software Service that is known to have a problem.

  

3. General Software Service Level Agreement (“SLA”) Terms

3.1. SLA Availability. Unless otherwise stated in this SLA, these general terms shall apply:

3.1.1. If availability falls below the Software Service(s) SLA, the Customer has the right to obtain a reduction on the monthly fee for the affected Software Service(s). The reduction shall correspond to ten (10) percent of the monthly fee for each interval of one (1) hour that the effective availability falls below the SLA for the affected Software Service(s). For example, if there are thirty (30) days in the month, and the SLA is 99.5% (716 out of 720 possible hours), should actual availability be only 715 hours, the monthly fee will be reduced 10%. The reduction is limited to the actual month when the agreed availability level has fallen short. This compensation shall be Customer’s sole remedy for interruption or delay in Software Service(s) supplied by Episerver.

3.1.2. The Customer’s demand for a reduction of the monthly fee in accordance with Section 3.1.1 shall be made at the latest one (1) month after the end of the period for which the reduction is sought.

3.1.3. Episerver is not responsible for the lacking availability that is due to a fault in the Customer’s customizations of Episerver’s Software, fault in the Customer’s equipment, operation stoppage according to Section 3.2 or defects in the products or services of a third party.

3.1.4. Episerver has the right to deny launch of the Software Service(s) or interrupt the provision of the Software Service(s) if the Customer’s components, customizations of Episerver’s Software Service(s), software, products or equipment of a third party can be assumed to affect the operational environment or the availability for other customers of Episerver. Compensation in accordance with Section 3.1.1 will not be paid under such circumstances.

3.1.5. If the Customer's Software Service, consciously or subconsciously, exposes Episerver’s IP net, system or other customers to risk, abnormally high load, Denial of Software Service (DOS) attacks, hacking or similar, Episerver has the right to directly turn off the Customer’s Software Service(s) and afterwards give notice to the Customer. Compensation in accordance with Section 3.1.1 will not be paid under such circumstances.

3.1.6. The Customer’s right to bring any claims due to a lack of availability is limited to that aforementioned in this Section 3.

3.2. Operation stoppage. If so required for operational, security or other technical reasons, Episerver has the right to undertake any measures that may affect the availability of the Software Service(s) without any right for the Customer to receive a reduction of the monthly fee set out in Section 3.1.1.

3.2.1. The Customer has the right to receive information about planned operation stoppages within reasonable time prior to such measures being taken.

3.3. Additional description of the Digital Experience Cloud SLA support can be found here - http://www.episerver.com/legal/episerver-dxc-service-description/

  

4. Availability Management

Episerver provides an agreed availability on the Software Service(s). The agreed availability on the Software Service(s) applies to the Enterprise Search(s) based on the Episerver Find and includes the ability to index data and search.

Specific levels of availability may be agreed on specific Software Service(s) and may be defined in Order(s) or EUSA, as applicable.

4.1. Availability Calculation – Availability is calculated per calendar month according to the following formula:

4.1.1. “A” means Accessibility in %.

4.1.2. “D” mean total Downtime in minutes per calendar month.

4.1.3. “Downtime” is calculated from the point when either Episerver monitoring systems alert or the Customer informs Episerver that a Problem has occurred to the point when the Problem has been resolved. Exclusive of scheduled and emergency downtime.

4.1.4. Note: this does not include time during which Episerver requires Customer’s assistance and Customer is either not available or not able to assist Episerver in solving the Problem(s).

4.2. Software Service Monitoring – Episerver monitors the availability of all Enterprise Search(s) covered by the SLA, in case the Software Service(s) is unavailable the monitoring system sends an alert to the Software Service Desk. The Software Service Desk will act according to the SLA between Episerver and the Customer. See Section 6 below for details.

4.3. Scheduled Downtime

4.3.1. Software Service Window for Patching - Episerver aligns with Microsoft patch release cycle, patches for Microsoft—related issues will be applied on Tuesday-Thursday 06:00 – 07:00 (in the time zone that the Software Service is physically located) the week following the release of Microsoft patches. Microsoft patches are released the second Tuesday of each month. Episerver product patches are applied based on schedule set by the Customer and/or its designee.

4.3.2. Planned Maintenance - For larger maintenance work affecting the network or the Enterprise Search(s), Episerver will announce the scheduled downtime at least two (2) weeks in advance. For scheduled Downtime, the Downtime is subtracted from the agreed availability of the Enterprise Search(s) and/or Software Service(s).

4.4. Emergency Downtime - In case of an emergency, Episerver claims the right to schedule Downtime without notice. An emergency is an extraordinary occurrence where Episerver is forced to close down the Enterprise Search(s) or degrade performance of the Enterprise Search(s) for security reasons. Downtime classified as Emergency Downtime is subtracted from the agreed availability of the service.

  

5. Software Service Desk

Episerver Software Service Desk is the primary contact between the Customer and Episerver. The Software Service Desk handles all Incidents, Problems and service requests for all Enterprise Search(s), as well as all Software Service(s) provided to Customer by Episerver.

Operations (Available 24 hours a day / 7 days a week) Contact Information:

  

6. Incident Management

When an incident is reported to the Software Service Desk it is always categorized and prioritized. The Software Service Desk use three levels of prioritization:

6.1. Major Incident

Enterprise Search is unavailable

6.2. Severe Incident

Enterprise Search is partly unavailable, has a major malfunction or suffer from degraded performance. Resolution of the Incident is business critical for the customer.

6.3. Minor Incident

Enterprise Search is partly unavailable, has a major malfunction or suffer from degraded performance. The Incident has minimal impact on the business for the customer.

6.4. Low Request

Enterprise Search is available, but Customer has service questions or has an operational request (e.g. password reset). The Incident has no impact on the business for the customer.

  

7. Problem Management

If recurring Incidents indicate a Problem and the Problem is related to the Software Service(s) provided by Episerver, The Software Service Desk will engage in Problem management to find the root cause. In case the root cause is unknown, the Software Service Desk will work together with the Customer and/or Customer designee in order to find the root cause.

 

8. IT Software Service Continuity Management

8.1. Backup copying and loss of data. Episerver takes the responsibility that backup copies of the data files and the databases included in the Software Service are made on a daily basis. Episerver takes the responsibility that such backup copies are saved with Episerver for seven (7) days. Thereafter Episerver does not take any responsibility for the backup copied information.

8.1.1. If Episerver shall take responsibility for the backup copying of other data and/or to any other extent than that stated in the Software Service, such obligation shall be specifically agreed in writing between Episerver and the Customer.

8.1.2. Over and above the responsibilities that Episerver has taken on in accordance with the Software Service and Section 3.1.1 of this SLA, Episerver does not take any responsibility for any loss or distortion of information/data.

 

9. Software Service Request Fulfilment

A Software Service Request is defined as industry standard tasks that periodically arise with Customer’s use of the Software Service(s), which relate to an agreed lead time between Customer and Episerver (“Software Service Request”). Example of Software Service Requests include, but are not limited to, changes in Episerver Digital Experience Cloud configuration, deployment of new or edited code, and change of password. Software Service Requests are handled by Episerver Software Service Desk according to a co-developed, documented rule set agreed between Episerver and Customer at the commencement of the Order(s) (“Software Service Book”).

  

10. Software Service Level Matrix

10.1. Enterprise Search(s) Software Service Level Matrix – For the Enterprise Search(s), Episerver shall provide the Customer with the below SLAs in order to keep the Enterprise Search(s) running as they did at the date of launch, and the infrastructure necessary to keep Enterprise Search(s) operational. The Customer can choose between three service levels below, and the service level shall be specified in Customer’s Order(s). Except for the availability (99%, 99.5% or 99.7%), failure to meet defined key targets below will not render in any price reduction or compensation. A matrix defines key targets for each service level:

 


 

Small

Medium

Large

Application availability

 99.0%

99.5%

99.7%

Availability hours

 24 Hours / 7 Days

24 Hours / 7 Days

24 Hours / 7 Days

Service Desk availability

 24 Hours / Business Days

24 Hours / Business Days

24 Hours / 7 Days

Start time Major incident

 1 hour

1 hour

1 hour

Start time Request fulfillment

 2 days**

1 day**

1 day**

Start time Change Management

 5 days**

2 days**

2 days**

Items per index

5,000

100,000

1,000,000

Indexes included

2

2

3

Languages per index

2

5

10

Queries per second

25

50

75

Find Connectors included

Web and RSS crawlers available for additional fee

Web and RSS crawlers available for additional fee

Web and RSS crawlers available for additional fee

** Based on Business Day, Service Desk availability

 

10.2. Customer Prioritization Software Service Level Matrix – Episerver shall provide the Customer with the below SLAs in response to the priority level of the reported Incident(s) and/or Problem(s). A matrix defines key targets for each service level: 

 

Priority

Description

Hours of Operations

Target Resolution Time

Reason for Outage (RFO) time

Priority 1– Major

Enterprise Search is down, inaccessible from internet

24 Hours / 7 Days

2 Hours

Two Business Days

Priority 2 - Severe

Performance degradation, functionality issue

24 Hours / 7 Days

4 Hours

One working week

Priority 3 - Minor

Change requests, Deployments, Support

24 Hours / Business Days

Next Business Day

N/A

Priority 4 – Low

Software Service questions, password requests

Business Days

Two Business Days

N/A

 

10.3. Statistical Search Storage– Episerver shall only store search statics for three (3) months or one hundred thousand (100,000) searches, whichever occurs first.

10.4. Service Level limited by Indexes- The Software Service that Episerver shall provide Customer will be limited by the number of indexes the Software Service will provide (e.g. Service shall have a maximum of 2 indexes). Each index will be capped by number of items (e.g. Each index can include a maximum of 5000 items). Each index will also be limited in the number of supported languages (e.g. Each index can include a maximum of two (2) languages). The maximum number of indexes, items and languages shall be specified in Customer’s Order(s), specifically the Pricing Terms.

10.5. Service Level limited by functionality- The Software Service may or may include functionality that allows the Software Service to be capable of web and RSS crawling. If Customer’s Software Service includes this functionality, it will be specified in Customer’s Order(s), specifically the Agreement.

  

11. Escalation

Episerver use a standardized escalation procedure, as defined below. Episerver shall have an objective that all Incidents and/or Problems are handled by Episerver support operations, but shall make further escalation available. Escalation is always based on the Customer’s perception of the state of the Enterprise Search(s) and Software Service(s).

All escalations must follow Episerver Managed Software Services standard operating procedures.

   

 

12. Reporting

12.1. General Report – As part of the Software Service(s) being provide to Customer, Episerver shall generate monthly reports, commencing from the start of the Order(s). These reports shall denote the following –

12.1.1. the uptime of each Enterprise Search(s) Episerver is managing and each of the Software Service(s) received,

12.1.2. any Incident(s) and Problem(s), if any, arising from the reported period and current state,

12.1.3. any maintenance, patches or updates applied during the reported period,

12.1.4. backups and performance testing performed during the reported period,

12.1.5. any Software Service Requests arising from the reported period and current state

12.2. Challenging Report – Should Customer dispute any portion of the report, they shall have five (5) Business Days to give written notice of the dispute to Episerver. Customer must have documented evidence contrary to any Episerver-generated report in order to raise a dispute. Parties agree to resolve any dispute in good faith, and not unreasonably withhold agreement to a compromised resolution.

  

13. Delay-based Compensation

13.1. If the availability of the Enterprise Search(s) or Software Service(s) is lower than the specified SLA that the Customer has purchased as part of the Order(s), the Customer will be entitled to compensation as defined in Section 3.1.1 of this SLA for each calendar month service levels are not fulfilled by Episerver.

13.2. Compensation will be credited on the Customer’s next invoice.

13.3. Compensation must be requested within thirty (30) days after the interruption in Software Service(s) has been resolved.

  

14. Episerver Find Additional Notice

14.1. Enterprise Search(s) and/or Software Service(s) may require Third-Party Providers to provide certain infrastructure or components, and those may require You, as a user, to adhere to as well. The full list of possible Third-Party Providers can be found here – http://www.episerver.com/legal/episerver-dxc-providers

14.2. Customer and its Affiliates may require Episerver development license(s) for Enterprise Search(s). Use of Episerver development license(s) requires Customer to accept and adhere to the Episerver EULA, which can be found here – http://www.episerver.com/legal/EULA. Episerver development license(s) and use thereof does not qualify for any support under this SLA.