The Parties agree to the following service level standards:
Availability Uptime & Downtime.
Nexus Creative Group, Corp. shall ensure that all material elements of the Solutions as contemplated by the Agreement are available 99.8% of the time per calendar month, excluding downtime resulting from any of the following downtime exceptions: (a) Scheduled Maintenance; (b) any problem with any system or technology not reasonably in Nexus Creative Group, Corp’s control or foreseeable by Nexus Creative Group, Corp, including without limitation, any problem associated with a user or end-user ISP, the Internet, or third-party service provider; (c) force majeure or acts of any governmental body; (d) Customer’s negligent acts or omissions; (e) DNS propagation; (f) browser or DNS caching that may make the Solutions appear inaccessible when others can still access them; (g) misuse of the Solutions by Customer, or any use of the Solutions by Customer that is not in accordance with this Agreement; and (h) failure by Customer to provide a suitable use environment for all or any part of the Solutions. Availability is defined as the ability of a Customer to connect to and utilize a Solution. If a Solution is functioning in some areas and not functioning in others, the time of any such diminished functioning is not considered downtime and is excluded from the calculations of availability.
“Scheduled Maintenance” is routine maintenance and requires two (2) business days’ written note. Nexus Creative Group, Corp reserves the right to schedule emergency maintenance windows with five (5) business hours’ written notice to Customers and regular maintenance windows every Monday through Thursday between 3 am and 8 am EST. The total period of time for Scheduled Maintenance per calendar month will not exceed eight (8) business hours. A single Scheduled Maintenance window will not exceed four (4) business hours in length.
If Nexus Creative Group, Corp fails to maintain aggregate solution availability (or experiences a system flaw which results in the incorrect delivery of Solutions), customers will be entitled to receive a credit (the “Service Credit”) equal to five percent (5%) of the total amount owed by customer for the Eligible Credit Period. The “Eligible Credit Period” is a single month, and refers to the monthly billing cycle in which the applicable service unavailability event occurred or as otherwise agreed to by the Parties. Customer will be responsible for submitting a claim for entitled credits within 30 days of an applicable unavailability event.
Technical Support – Issue Escalation.
Nexus Creative Group, Corp will provide customers with point of contact (email or telephone number) for reporting of a failure of service levels and/or functionality of the Solutions. Upon receipt of an issue, Nexus Creative Group, Corp will open a ticket, determine the nature of the problem and set the relative priority to initiate the problem resolution process in accordance with the procedure outlined below.
Technical Support – Escalation Procedures.
In the event the availability or the functionality of the Solutions is affected due to a software problem or outage the following escalation procedures apply:
Severity of problems will be classified according to the following descriptions and administered by Nexus Creative Group, Corp support team as part of their problem management process.
Severity Level 1 (High) – A problem for which there is no known Workaround and which (a) prevents the execution of a Primary Function, or (b) results in data corruption or crash.
Severity Level 2 (Medium) – A problem which (a) causes difficulty in execution of a Primary Function or (b) prevents the execution of a Secondary Function, and as to any of the preceding, for which there is no known Workaround.
Severity Level 3 (Low) – A problem which causes difficulty in execution of a Secondary Function, but for which there is a Workaround.
Nexus Creative Group, Corp shall meet the following problem resolution standards:
High (Severity Level 1): Problems categorized under High Priority should be resolved in <24 hours.
Medium and Low (Severity Level 2): Problems categorized under Low and Medium Priority should be resolved in <48 business hours.
Monitoring & Support.
Solution availability will be monitored by Nexus Creative Group, Corp personnel and, if requested, they shall provide monthly documentation detailing outages and Solution availability to customers within ten (10) Business Days of such request.
If Nexus Creative Group, Corp becomes aware of possible problems that will likely result in a material delay in the implementation or delivery of the Solutions, Nexus Creative Group, Corp shall promptly notify customer or designated representative by telephone and email, giving the cause and probable effect of such delay, and shall rectify any issues in accordance with these Service Level standards.
Nexus Creative Group, Corp shall notify Customer at least two (2) week before any code release that may impact the delivery schedule and data integrity of the Solutions.
Data Back-up; Continuity Management.
Nexus Creative Group, Corp will pursue back up data provided or collected as a result of the Solutions on a daily basis after each available calendar day. Nexus Creative Group, Corp will store copies of data backups at a secure third party contracted offsite location and may store or back-up data in a cloud based infrastructure.
If Nexus Creative Group, Corp determines it cannot continue to operate the Solutions due to catastrophic events, it will undertake reasonable commercial efforts to reinstate availability as soon as possible.
Nexus Creative Group, Corp shall monitor adequately tested continuity plan in place which identifies critical IT resources in case of a catastrophic event within or around the geographic location of main IT source, allowing a return to functionality which complies with these service level standards within one (1) day.
Change to Service Levels.
Service levels shall be reviewed periodically. Service levels shall not be modified, nor shall any breach hereunder be waived, unless such modification and/or waiver is in writing. No course of dealings between the Parties shall be construed as a waiver of any subsequent breach or a modification hereof.