SERVICE LEVEL OBJECTIVES

1. DEFINITIONS

1.1. “Actual Availability” means the number of minutes in any Calendar Month where the Service is Available or is experiencing any Excused Downtime.

1.2. “Available” or “Availability” means the ability for Users to access and use the SaaS Services without a “Critical” or “Significant” availability defect or error.  “Critical” and “Significant” defects or errors are as defined in the Availability Performance Metric table below. 

1.3. “Excused Downtime” means where the SaaS Services are not Available due to Scheduled Maintenance or an event of Force Majeure.

1.4. “Force Majeure”  means any unavailability caused by circumstances beyond StellarAlgo’s reasonable control, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving StellarAlgo employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within StellarAlgo’s possession or reasonable control, and denial of service attacks.

1.5. Resolve” or “Resolution” means that the SaaS Services are made Available with a permanent solution. This may occur simultaneously with Restore, unless the Restore is by means of a workaround suitable only for temporary use and the Customer determines that a more suitable permanent solution can be provided.

1.6. “Calendar Monthis defined as the previous calendar month.

1.7. “Response Time” means the time from which the Customer or any User places the call or email until StellarAlgo responds to the same.

1.8. “Restore” means that the SaaS Services are made Available with a temporary solution.

1.9. “Scheduled Availability” means the number of minutes in any Calendar Month. 

1.10 “Scheduled Maintenance” means any scheduled outages or down-time for maintenance, upgrades, enhancements, or changes to the SaaS Services.

1.11. “Service Interruptions” means that the SaaS Services are not Available. 

1.12. “Service Level” means the minimum levels of service as set forth in this Service Level Agreement.

2. SERVICE LEVELS

2.1. The Service Levels delivered will be measured and compared against the standards shown in the following exhibits.

2.2. Notwithstanding Customer’s other rights, if StellarAlgo fails to meet any Service Level, then StellarAlgo shall:

      2.2.1. Promptly perform a root-cause analysis to identify the cause of such failure; and

      2.2.2. Promptly correct such failure to begin meeting the Service Levels; and

      2.2.3. Provide Customer with a report detailing the cause of, and procedure for correcting, such failure.

2.3. The Availability percentage (%) shall be calculated on a Calendar Month basis as follows 

       Availability = (Actual Availability) x 100% / Scheduled Availability

3. CUSTOMER AVAILABILITY, SUPPORT, AND RESOLUTION 

3.1. The following three (3) performance metrics shall govern the classification, Response Time, and resolution commitments of StellarAlgo to the Customer: Job Run Consistency, Query Performance, and Availability

PERFORMANCE METRIC 1: JOB RUN CONSISTENCY

Jobs Run Consistently: Defined as data integration jobs run consistently as per the agreed upon schedule. Does not warrant data is available or accessible from source system providers but does warrant the job will attempt to fetch data and complete execution. 
PriorityDescriptionResponse TimeResolve/

Restore Times

CriticalHighest priority. Used for Service Interruptions where StellarAlgo data jobs do not run on the agreed-to schedule and significant and substantial adverse operational impact occurs. 

StellarAlgo will work on Service Interruption continually and diligently 24 hours a day, 7 days a week until the Service Interruption is Restored in a manner satisfactory to the Customer. Thereafter, StellarAlgo will continue working diligently during normal business hours until the SaaS Data Services are Resolved.

3 hours or less

Updates every 3 hours

Restore: 

Within 3 hours

Resolve: 

Within 6 hours

SignificantUsed for Service Interruptions where StellarAlgo data jobs do not run on schedule preventing major Customer functions from being performed. 

StellarAlgo will work continually and diligently during normal business hours until the Service Interruption is Restored in a manner satisfactory to the Customer. Thereafter, StellarAlgo will continue working diligently during normal business hours until the SaaS Data Services are Resolved.

6 hours or less

Updates at least every 3 hours

Restore: 

Within 6 hours

Resolve: 

Within 24 hours

OtherUsed for Service Interruptions where StellarAlgo data jobs do not run on schedule and use of a non-critical or non-essential function of the SaaS Data Services are disabled or impaired. 

StellarAlgo will work diligently on Service Interruption using best efforts during normal business.

2 days or less

Updates every 3 days

Restore: 

Within 3 business days

Resolve: 

Within 5 business days

PERFORMANCE METRIC 2: QUERY PERFORMANCE

Query Performance: The Parties will agree on a number of “complex” queries that will be used to establish a baseline acceptable performance of the environment.  These queries will be completed in 10 minutes or less 99% of the time.  
PriorityDescriptionResponse TimeResolve/

Restore Times

CriticalHighest priority. Used for Service Interruptions where queries do not complete in the relevant baseline performance window and substantial adverse operational impact occurs.

StellarAlgo will work on Service Interruption continually and diligently 24 hours a day, 7 days a week until the Service Interruption is Restored in a manner satisfactory to the Customer. Thereafter, StellarAlgo will continue working diligently during normal business hours until the SaaS Data Services are Resolved.

2 hours or less

Updates every 1 hours

Restore: 

Within 1 hours

Resolve: 

Within 3 hours

SignificantUsed for Service Interruptions where queries do not complete in the relevant baseline performance window preventing major Customer functions from being performed. 

StellarAlgo will work continually and diligently during normal business hours until the Service Interruption is Restored in a manner satisfactory to the Customer. Thereafter, StellarAlgo will continue working diligently during normal business hours until the SaaS Data Services are Resolved.

3 hours or less

Updates every 1 hours

Restore: 

Within 3 hours

Resolve: 

Within 24 hours

OtherUsed for Service Interruptions where queries do not complete in the relevant baseline performance window and use of a non-critical or non-essential function of the SaaS Data Services are disabled or impaired. 

StellarAlgo will work diligently on Service Interruption using best efforts during normal business hours.

2 days or less

Updates every 3 days

Restore: 

Within 3 business days

Resolve: 

Within 5 business days

PERFORMANCE METRIC 3: AVAILABILITY

Availability: StellarAlgo shall ensure that the Subscription Service has Availability (other than for Excused Downtime) of at least 99.5% (the “Availability”) in each Calendar Month. StellarAlgo shall give Customer at least three (3) business days prior written notice of Scheduled Maintenance and will use commercially reasonable efforts to conduct Scheduled Maintenance between the hours of 12:00 AM and 6:00 AM (Eastern Standard Time). Vendor shall not conduct more than six (6) hours of Scheduled Maintenance in any period of thirty (30) days. 
PriorityDescriptionResponse TimeResolve/

Restore Times

CriticalHighest priority. Used for Service Interruptions where the Users are unable to access the SaaS Data Services and substantial adverse operational impact occurs. 

StellarAlgo will work on Service Interruption continually and diligently 24 hours a day, 7 days a week until the Service Interruption is Restored in a manner satisfactory to the Customer. Thereafter StellarAlgo will continue working diligently during normal business hours until the SaaS Data Services are Resolved.

1 hours or less

Updates every 1 hours

Restore: 

Within 1 hours

Resolve: 

Within 2 hours

SignificantUsed for Service Interruptions where the Users are unable to access the SaaS Data Services and the SaaS Data Services are severely impaired or degraded, preventing major functions from being performed. 

StellarAlgo will work continually and diligently during normal business hours until the Service Interruption is Restored in a manner satisfactory to the Customer. Thereafter StellarAlgo will continue working diligently during normal business hours until the SaaS Data Services are Resolved.

2 hours or less

Updates every 1 hours

Restore: 

Within 2 hours

Resolve: 

Within 4 hours

OtherUsed for Service Interruptions where Users are unable to access the Data Services and use of a non-critical or non-essential function of the SaaS Data Services are disabled or impaired. 

StellarAlgo will work diligently on Service Interruption using best efforts during normal business hours.

24 hours or less

Updates every 1 hours

Restore: 

Within 24 hours

Resolve: 

Within 24 hours