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Service Level Agreement

SERVICE LEVEL AGREEMENT

This Service Level Agreement (SLA) defines the Support Services that Smoothwall will provide in respect of our Software. In the specific circumstances set out in this SLA, we may also provide diagnostic and remediation services for third party IT products and services.

Our Service Level Commitment to you confirms:

  1. what is included in and covered by the Support Services we will provide to you;
  2. when Support Services are available to you;
  3. our target Fix Times for any Incidents you experience; and
  4. your Service Credit entitlement.

Our Service Level Commitment (see Schedule A at the end of this SLA) forms part of our Service Level Agreement, and together, these documents confirm:

  • the levels of service provided for the Support Services;
  • any exclusions from the Support Services;
  • our obligations and your obligations in respect of the Support Services.

This Service Level Agreement applies to any Support Services that we provide and is supplemental to and is incorporated into the Agreement pursuant to clause 2.6 of the Terms and Conditions of the Agreement. Unless expressly stated to be varied by this Service Level Agreement, the Terms and Conditions forming part of the Agreement fully apply and govern this Service Level Agreement.

1. Definitions and Interpretations

1.1 Definitions

All initial capitalized terms in this SLA, unless expressly set out below, shall have the meaning given to them in the Agreement.

24 x 7 x 365

the provision of Support Services at any time of any day.

24 x 5

the provision of Support Services from 8:30am Monday until 5pm Friday in the Customer’s timezone excluding weekends and public holidays.

Authorized Contact

a person named on the Smoothwall Customer Account (there may be multiple people named as an Authorized Contact).

Extra Care Service Level

the special Service Level Commitment that Smoothwall may grant to new Customers for a limited period of time during which all Incidents will be classified as P1, as specified in the Service Level Commitment.

Excluded Services

has the meaning as defined in paragraph 2.4.

Fault

any failure of the Software to operate in all material respects in accordance with the applicable specification.

Fix Time

the time measured from the time the Service Level Commitment for an Incident commences depending on the priority level and the Service Level Commitment until the resolution of the Incident in accordance with paragraph 6.2.

Incident

a specific, discrete issue that can be addressed by isolating its origin to a single cause, which may be a Fault or not (as determined by Smoothwall in its sole discretion).

P1, P2, P3

Incident priority levels 1, 2 and 3, as determined at the sole discretion of Smoothwall based on the following criteria:P1 denotes system is down; business is critically affected; majority of / all users affected.

 

P2 denotes system is impaired; business is adversely affected but is operational; large proportion of users affected.

P3 denotes system is operating with the Incident having limited impact upon users.

Resolution

a solution (or Work-around) resulting in a satisfactorily resolved Incident pursuant to paragraph 6.2(b).

Service Credits

a solution (or Work-around) resulting in a satisfactorily resolved Incident pursuant to paragraph 6.2(b).units of currency purchased with Smoothwall consent (including by way of a ‘top-up’ pack) that are traded for support.

Service Level Commitment

Smoothwall service level commitments specific to the Customer as set out in Schedule A to this SLA.

Support Hours

support hours are those as identified in the Service Level Commitment being either 24 x 7 x 365 or 24 x 5.

Support Period

the applicable duration of this SLA during which the Support Services are provided as stated in the Quotation.

Support Services

consist of the maintenance and support services for the Software described in this SLA and in particular paragraphs 2.1(b) and 6.1.

Work-around

a tactical (potentially partial) solution succeeding in returning the customer system to acceptable service for a short term pending a full resolution.

* depends upon the provisions of the Service Level Commitment

 

1.2 Interpretations

  • (a)The provisions of clause 1.2 of the Terms and Conditions governing the interpretation of the Agreement shall govern the interpretation of this SLA.
  • (b)References to paragraphs are references to the paragraphs of this SLA.

2. Support Services

2.1 Support Services

(a)During the Support Period, Smoothwall shall perform the Support Services during the Support Hours in accordance with the Service Level Commitment.

(b)The Support Services consist of telephone, email, remote support and other services for the Software. Smoothwall operates a remote analysis and remedial service via secure Internet or VPN connection.

2.2 Scope

(a)The Support Services:

(i)cover any Fault with the Software;

(ii)include the provision of advice which the Customer may reasonably require in respect of the Customer’s use of the Software;

(iii)do not cover any Excluded Services; and

(iv)shall be provided from Smoothwall’s offices.

(b)Optionally, Smoothwall may at it sole discretion, agree to diagnose and attempt remediation of IT infrastructure products and services not supplied or provided by Smoothwall, subject to the Customer agreeing to expend and apply available Service Credits previously purchased in respect of Smoothwall’s performance of those services. In all such situations, the Customer accepts that as such products and services are not supplied or provided by Smoothwall, Smoothwall undertakes diagnosis and remediation on a reasonable endeavors basis only and Smoothwall will bear no responsibility for and cannot guarantee successful diagnosis or remediation.

2.3 Access

(a)The Customer acknowledges that, to properly assess and resolve Incidents Smoothwall engineers may need to remotely access Customer systems in order to effect Incident investigations and resolutions. The Customer agrees to promptly provide appropriate remote access facilities as a pre-condition in order for Smoothwall to be able to provide the agreed level of support.

(b)It is the strong recommendation of Smoothwall that the Customer provides such remote access utilizing a secure encrypted connection (eg VPN, SSH, HTTPS or using the TeamViewer remote access software provided by Smoothwall).  Smoothwall would be pleased to discuss this requirement further with the Customer if required and may, subject to agreed charges, provide design and installation for same. The Customer may order this as an Additional Service under the Agreement.

(c)When remotely accessing Customer sites Smoothwall staff will rely upon the Customer for their guidance on local system security and system access permission issues but will not be held responsible for any breach of such Customer policies and practices.

2.4  Excluded Services

The Support Services do not cover the following:

(i)Third Party Software, Open Source Software or Third Party Hardware;

(ii)IT products and services not supplied by Smoothwall (except as prescribed in paragraph 2.2b);

(iii)any improper use, misuse or unauthorized alteration of the Software, Third Party Software, Open Source Software or Hardware by the Customer;

(iv)any use of the Software or Hardware by the Customer in a manner inconsistent with the current specification;

(v)the use by the Customer of any hardware or software not provided by Smoothwall or approved by Smoothwall in writing for use by the Customer in connection with the Software and Incidents arising from same including any failure, misconfiguration or incompatibility of such hardware or software;

(vi)the use of a version or release of the Software which is no longer supported by Smoothwall;

(vii)failure of the Customer to fulfil their obligations as specified in this SLA;

(viii)inability of Smoothwall to contact (or gain a response from) the Customer contact(s);

(ix)information from the Customer (or their representative) that is inaccurate, incomplete or untimely;

(x)inability of Smoothwall to obtain remote access and / or remote diagnosis permissions to aid troubleshooting;

(xi)failure of communications, Internet connections, electricity supply or other vital services outside of the control of Smoothwall (except as prescribed in paragraph 2.2b);

(xii)problems emanating from configuration, software, network problems (eg DNS) outside of the control of Smoothwall (except as prescribed in paragraph 2.2b);

(xiii)non-compliance with the conditions of the Hardware Limited Warranty;

(xiv)Incidents not reported promptly by the Customer or where a Case Number has not been obtained;

(xv)Smoothwall being unable to verify successful service restoration with the Customer; or

(xvi)any act or omission on the part of any third party other than an authorized Smoothwall Partner.

3. Support Prices

3.1 The provision of Support Services is on a remote off-site basis (such as over the telephone or by email) within the Support Period and shall be included in the Support Price.

3.2 The provisions of Support Services outside the Support Period or at the Customer premises or the provision of Excluded Services shall be charged for as an Additional Service in accordance with clause 10 of the Terms and Conditions that constitute the Agreement.

3.3 Any services provided by Smoothwall in connection with any apparent problem regarding the Software reasonably determined by Smoothwall not to have been caused by an Incident, but rather by a cause set out in paragraph 2.4 or a cause outside of Smoothwall’s control including any investigational work into such causes resulting in such a determination are chargeable to the Customer either as a break/fix Incident resolution in accordance with paragraph 7.2 or as an Additional Service under the Agreement.

4. Submitting Incidents

4.1 Incident Reporting

(a)The Customer may request Support Services by telephone, through the Customer Portal or by e-mail and Smoothwall recommends the following channels for reporting P1, P2 and P3 Incidents:

(i)P1 Incidents: telephone reporting to mitigate avoidable time delays for critical issues, for all Incidents considered by the Customer to be P1;

(ii)P2 and P3 Incidents: via telephone or the Customer Portal (www.smoothwall.com/support/), where the Customer considers an Incident to be P2 or P3; and

(iii)P3 Incidents: via email ([email protected]) where Customer considers an Incident to be P3.

(b)Incidents considered by the Customer to be P1 that are reported by any channel other than telephone, or P2 Incidents that are reported by email to Smoothwall, will be automatically classified by Smoothwall as P3 and will be subject to the Service Level Commitment applicable to a P3.

(c)The Customer shall use the telephone numbers and email address set out in the Service Level Commitment.

(d)Each Incident shall include a description of the Fault and the start time of the Incident.

(e)The Customer shall provide Smoothwall with:

(i)prompt notice of any Faults together with brief, accurate, factual details thereof;

(ii)such output and other data, documents, information, assistance and remote access to the Customer systems, as are reasonably necessary to assist Smoothwall to reproduce operating conditions similar to those present when the Customer detected the relevant Fault and to respond to the relevant Incident;

(iii)Software Serial Number(s);

(iv)date(s) / time(s) when the problem arose and if there were any prior potentially connected events;

(v)confirmed contact details (telephone number(s), email address) for the Customer contact who can assist Smoothwall;

(vi)Admin User IDs and Passwords for the Smoothwall system(s);

(vii)network reference documentation (eg Network diagram(s), connections, firewalls, servers/hosts, IP addresses etc.); and

(viii)backup copies of previous Smoothwall configurations and diagnostics files.

(f)The Customer agrees to take all reasonable steps to ensure that the issue being experienced most likely relates to Software and not an Excluded Service prior to reporting Incidents.

(g)Customers should carefully consider their means of reporting Incidents as likely time delays in the chosen method (eg Email) is not the responsibility of Smoothwall should it be outside of our control.

(h)In all instances, the Customer will be provided (either directly or via email depending upon the Incident reporting method chosen) with a unique ‘Case Number’ for the reported Incident and a priority classification of P1, P2 or P3 as generated by Smoothwall. This is a key reference number and should be retained by the Customer and quoted in all correspondence with Smoothwall. In particular, the Case Number should be included in email titles sent to Smoothwall to expedite identification and routing.

4.2 Incident Escalation

Depending upon the provisions of the Service Level Commitment, in the event that there is a prevailing special circumstance (eg a ‘one off’ urgency) within their business, the Customer may escalate the priority of reported Incidents above the level set within the definitions in this SLA by expending available Service Credits. For each priority level escalated, 1 Service Credit will be decremented from their balance (eg P3 to P2, P2 to P1). At the cost of an additional (1) Service Credit, the Customer may optionally escalate a P1 Incident to P1 24 x 7 x 365 service response should it be the case that their Service Level Commitment does not provide for this coverage. All priority and service hour escalations must be requested by telephone to avoid unnecessary time delays and ensure clarity of understanding.

5. Customer obligations

5.1 Assistance

Incident diagnosis and resolution may require the active participation of Customer staff to provide information, assistance and carry out requested tasks in a timely manner. For the discharge of the responsibilities of Smoothwall under this SLA, the Customer agrees to use all reasonable endeavors to execute all requests from Smoothwall and provide Smoothwall with information in a timely fashion. Smoothwall service time calculations will omit the Customer time taken to complete delegated actions and requests.

5.2 Backups

It is a requirement of this SLA that the Customer takes regular backups of Smoothwall configurations, especially before applying software updates or making configuration changes.

5.3 Software Updates

The Customer will take all reasonable measures to ensure that all Products are maintained fully up-to-date with the latest software updates. Smoothwall will determine which Products are up-to-date and in the event that the Customer wishes to receive Support Services in respect of a Product Smoothwall has determined is not up-to-date, Smoothwall shall provide such services at its discretion and as an Additional Service.

6. Service Commitments

6.1 Service Commitments

Smoothwall shall:

(a)prioritize all Incidents based on its reasonable assessment of the severity level of the problem reported; and

(b)achieve Fix Times for all Incidents within the time periods set out in the Service Level Commitments subject to the level of commitment specified in the Service Level Commitment (eg if target Fix times are on a reasonable endeavors basis, Smoothwall shall use its reasonable endeavors for Resolution of the Incident within the Fix Time).

6.2 Resolution

(a)The Fix Time commencement is calculated based on the time stamp of the Case Number issued by Smoothwall pursuant to paragraph 4.1(h) and the Service Level Commitment.

(b)Where the Customer’s Service Level Commitment is on a 24 x 5 basis, Smoothwall may elect to work on the resolution of an Incident outside of the Customer’s contracted hours (in its discretion) but shall only be obliged to perform the Support Services during the 24 x 5 Service Level Commitment. In the event that an Incident is reported by a Customer with a 24 x 5 Service Level Commitment, the Fix Time shall be deemed to exclude any time outside the 24 x 5 Service Level Commitment (i.e. Saturday, Sunday, public holidays in the Customer’s timezone and hours outside of 08.30 to 17.00 Monday to Friday).

(c)For the purposes of Service Level Commitment achievement, an Incident will be considered as ‘resolved’ when Smoothwall has provided the Customer with a solution or temporary Work-around providing a ‘return to service’ for the Customer system. Smoothwall will take all reasonable steps to ensure that the solution (or proposed solution or Work-around) will resolve (or at least mitigate) the issue being experienced by the Customer. Should the Customer later inform Smoothwall that the solution has not been effective then the relevant Incident case number will be re-opened and Smoothwall will re-commence work on providing an effective resolution. In the case of a Work-around then the Incident priority level will be reassessed appropriately for the changed circumstances and Service Level Commitment achievement calculations suitably amended.

6.3 ‘Work-around’

Where immediate Incident resolution is not possible, it may be prudent to implement a Work-around solution while a permanent solution is investigated, tested and implemented. A Work-around is intended to provide a ‘return to service’ functioning system expeditiously. This may mandate changes to (or implementation of) manual working processes at the Customer site, or reversion to an earlier version of the Smoothwall system configuration. Where such a Work-around is proposed by Smoothwall, projected completion timescales for the implementation of a complete resolution will be given.

7. Service Credits

7.1 The Customer must sustain a positive Service Credit balance in order to obtain Support Services. The balance must be sufficient to cover any proposed Customer transaction (such as Incident priority escalation). Support Services take the form of break/fix resolutions (Incidents), optional consulting services or Customer transactions (eg Incident priority escalation or P1 24 x 7 x 365 service hours escalation) designed to optimize the Customer’s Smoothwall system and related infrastructure throughout this SLA term.

7.2 Each ‘break/fix’ Incident resolution will consume 1 Service Credit unless:

(a)the Incident is identified to be due to a Fault in the Software in which case a ‘zero’ Service Credit tariff applies;

(b) the Incident is identified by Smoothwall as being the result of a failure of Smoothwall Hardware, in which case the Hardware Limited Warranty applies. If the Customer does not have a current Hardware Limited Warranty for the Smoothwall Hardware they will be charged 1 Service Credit charge for hardware break / fix diagnosis, which would be in addition to any fees to repair the Smoothwall Hardware.

7.3 Smoothwall will ensure that the Customer is aware of their Service Credit balance. At the end of the term of this SLA and subject to it being renewed, Smoothwall will have sole discretion on the loss or transfer of the outstanding Service Credit balance to a new SLA. In all circumstances, there will be no re-imbursement of unspent Service Credits.

7.4 In the event that Smoothwall should fail to achieve the performance target for any Incident in accordance with the Service Level Commitment, then the Customer shall be entitled to a refund of the Service Credit(s) spent for that Incident.