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Cloud Services SLA

1.0 Terms and Conditions

1.1 ESProfiler may modify or update the SLAs set out in section 2.0 below (“SLAs”) from time to time in its sole discretion with or without notice to the Customer.

1.2 A Customer must submit a claim by email to support@esprofiler.com within days of the occurrence of the failure to meet an SLA (or earlier if specifically set forth below) (the “Credit Request”), and promptly provide ESProfiler with reasonable evidence to support the basis for the Credit Request. If ESProfiler confirms that an SLA was not met, then Customer will be eligible for a “Service Credit” entitling the Customer to the free use of the affected Services for the time period set forth in the applicable SLA.

1.2 Service Credits for any failure to meet an SLA will only be provided under a single SLA for a single claim, as identified by the Customer in the Credit Request. One claim cannot result in Service Credits under multiple SLAs. The remedies set forth in this Service Level Agreement are the Customer’s sole and exclusive remedy for any failure by ESProfiler to comply with the commitments in this Service Level Agreement including the SLAs.

1.3 The SLAs set out in section 2.0 below will not apply to situations where:

  • The Services is unavailable for 1 hour or less or the Customer fails to timely submit a Credit Request in compliance with Section 1.2
  • The Customer has used the Services for 30 days or less
  • The Customer is a trial or evaluation customer
  • The failure to comply with the SLA is based on reasons beyond ESProfiler’s reasonable control
  • The Customer configures equipment, network, or software in a manner such that Customer’s connection creates issues with reaching the Services.
  • ESProfiler is performing scheduled or routine maintenance of the Services, where the Customer has been notified of the maintenance no less than 5 days in advance, or as otherwise set forth below
  • ESProfiler is performing emergency maintenance to apply security patches to the Services
  • The Customer’s applications or equipment or Internet connection has failed, or equipment is switching between service connection points
  • There is an issue with the Customer’s or a third party’s hardware or software, or an issue caused by third parties who gain access to the Services using Customer’s accounts or equipment
  • There is an issue with the Customer’s routing infrastructure (e.g., router, identity-provider or secure web proxy of a third-party)
  • There is a network unavailability outside of ESProfiler-controlled systems (servers, hardware, and associated software) that are responsible for delivering the Services

2.0 SLAs for ESProfiler’s (“ESP SaaS Platform”)2.1 Network Infrastructure Availability

  • ESProfiler controlled systems (servers, hardware, and associated software) that are responsible for delivering ESP SaaS Platform (“Network Infrastructure”) will be available 99.9% of the time.
  • Network Infrastructure “Service Unavailability” means a period when the Network Infrastructure fails to process request traffic.
  • In the event of Service Unavailability for 0.1% or more of any calendar month, Customer may be eligible for a Service Credit equal to 1 day for each 2-hour period of Service Unavailability, subject to a maximum credit of 5 days in any 1 calendar month.

3.0 Hosting services

ESProfiler shall host the Software and Capability Exchange in the cloud via a third party cloud provider.4.0 Support Targeted Response Times Severity Level Initial Response Resolution Target One Service unavailable or, if applicable, Virus infection occurring1 HourAs soon as possible but no later than within one business day of the call. Two Partial loss of Service but, as applicable, Web Content and/or email are still being processed up to 4 Business Hours as soon as practicable but within two business days or as otherwise agreed between ESProfiler and the customer. Three Service is available, but technical questions or configuration issues up to 8 Business Hours as soon as practicable or as otherwise agreed between ESProfiler and the customer. Four Information Issues, reporting questions, password resets up to 2 Business Days at the time of response or as soon as practicable thereafter or as otherwise agreed between ESProfiler and the customer.