Service Level Agreement
This Service Level Agreement forms part of the Software-as-a-Service Agreement between Brite and you (“Agreement”), and describes the levels of Services availability and support that you can expect to receive from Brite during the term of your subscription. Our ability to ensure the availability of the Services may increase or decrease over time; as such, we encourage you to review this Service Level Agreement from time to time. Any capitalized terms not defined herein shall have the meaning attributed to them in the Agreement.
1. Uptime Commitment. The Services (as defined in your Order Form or your Service Order, as applicable) will be available to you 99.90% (estimated at approximately 44 minutes of downtime) of each calendar month (“Uptime Commitment”). Services will be deemed “unavailable” if (a) the Services are completely inaccessible, or (b) a significant proportion of the functions that you have contracted to receive are materially impaired or otherwise fail to function (each, a “Downtime Event”). In when the event of downtime, we will notify you as soon as commercially possible and provide you with our estimate of how long the Downtime Event is expected to last.
2. Exclusions. Unavailability due to a Force Majeure Event will not be considered in calculating the Uptime Commitment. Brite will use its best efforts to schedule all downtime for maintenance outside the hours of 9am and 5pm PT. Scheduled downtime for maintenance will not exceed twenty-four (24) hours per calendar year.
3. Remedy for Breach. If Brite fails to meet the Uptime Commitment, then, as Brite’s sole obligation and your exclusive remedy for Brite’s failure to meet its Uptime Commitment under this Service Level Agreement, Brite will issue a service credit (“Service Credit”) to you, which will be applied to reduce your subscription fee for the month following Brite’s failure. The reduction of your subscription fee will be an amount equal to the following:
|Under 99.90%, but greater than or equal to 99.00%
|10% of monthly fees
|25% of monthly fees
4. Service Credits. From time to time, when Brite becomes aware that the duration of a Downtime Event has exceeded the amount of Uptime Commitment in any given month, Brite may, at Brite’s sole discretion, provide to you a Service Credit calculated according to the table set forth in Section 3 above.
Issue Resolution Overview
All support-related inquiries should be sent to: firstname.lastname@example.org.
Priority Level 1
One or more critical functions of the Services has ceased to respond, or responds so slowly that the Services are materially unavailable.
Issue will be acknowledged within one hour during Brite’s standard business hours. Outside of Brite’s standard business hours, the issue will be acknowledged within 2-4 hours. The resolution of the issue will be the first priority of Brite’s technical support team. Updates will be provided at least once every four hours if the issue cannot be immediately resolved.
Priority Level 2
A technical issue is impacting the performance of one or more critical functions of the Services, and no workaround is available.
Issue will be acknowledged within two hours during Brite’s standard business hours. Outside of Brite’s standard business hours, the issue will be acknowledged within 5-12 hours. The resolution of the issue will be prioritized by Brite’s technical support team above all other issues except Priority Level 1 Issues. Updates will be provided at least once every twelve hours if the issue cannot be immediately resolved.
Priority Level 3
Any technical issue for which Brite offers support that does not qualify for the priority levels above. This level includes general day-to-day questions, requests for help, feature suggestions, and user training.
Issue or question will be acknowledged as soon as possible during normal business hours. Resolution timeline will depend on the nature of the ask. Feature requests will be reviewed when commercially reasonable and, if Brite determines that the proposal is viable, prioritized above any technical issues that are not Priority Level 1 or Priority Level 2.