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Restoring Service |
CTaaS Service Level Agreement (SLA)
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1. Introduction - This document details specific responsibilities for both TriAxis and the Customer to ensure that the CTaaS Service is properly commissioned. This document defines what will happen in the event that a problem occurs. It also specifically details the circumstances under which services will be deemed to be outside of the Service Level Agreement (SLA).
2. TriAxis Responsibilities and Obligations - Subject to the conditions outlined in this document, TriAxis will ensure that the Service delivered to the Customer will function as specified in the Documentation and this SLA.
TriAxis will use commercially reasonable efforts to ensure that the Service is available [99%] of the time, calculated on a calendar monthly basis as measured by TriAxis on the basis that the Service ‘downtime’ (calculated as the difference between [100%] of time in a calendar month and the actual percentage of time during the month that the Service is available to backup and access Customer Content, etc.) will exclude time (i) required for routine system maintenance performed as described below; and (ii) as otherwise described in the “Exclusions and Exceptions” paragraph below.
TriAxis reserves the right to perform maintenance of the Service at any time between the hours of 5 a.m. and 7 p.m. Eastern Daylight Time or as otherwise reasonably required by TriAxis. In the event that maintenance will be known to impact the Service, TriAxis will use commercially reasonable efforts to notify Customer a minimum of forty-eight (48) hours in advance according to TriAxis’ standard notification policies.
TriAxis will assess the security of the Service against virus attacks, hacking, denial of service attempts, and fraudulent misuse of the Service. TriAxis agrees that it will implement industry standard security measures designed to prevent unauthorized persons from accessing web controls (including data publishing and content management functions), from altering or using in an unauthorized manner user data.
Customer will assess security risks of the data and Customer Content that Customer provides to TriAxis against virus attacks, hacking, denial of service attempts, and fraudulent misuse of the data and Customer Content. Customer agrees that it will implement industry standard security measures designed to prevent unauthorized persons from accessing web controls (including data publishing and content management functions), from altering or using in an unauthorized manner user data. TriAxis agrees to maintain appropriate mechanisms to protect the Customer Content from virus attacks, hacking, denial of service attempts, and fraudulent misuse of the data and Customer Content.
Customer acknowledges and agrees that the remedies set forth in this SLA is Customer’s sole and exclusive remedy for performance of service, and TriAxis’ entire liability, for TriAxis’ failure to comply with the uptime requirements set forth in the “Service Availability” paragraph of this SLA and for any and all unavailability of the Service.
For greater clarity, TriAxis will not be responsible for downtime in the Service caused by the following: a) unavailability or delay in performance of Internet networks controlled by entities other than TriAxis or traffic exchange points that are controlled by entities other than TriAxis; b) unavailability or delay in any connections or equipment of Customer or any authorized user which are not TriAxis- or TriAxis Agent-managed and are used by Customer or such authorized user to access the Service; (c) where the Service is unavailable or delayed as a result of the negligence or acts or omissions of Customer, its employees, contractors, agents or its customers, including Customer’s Breach of this Agreement; or (d) where the Service is unavailable as a result of circumstances or causes beyond the reasonable control of TriAxis including circumstances or causes arising in connection with any act or omission of the Customer or any party other than TriAxis or any virus, worm, trojan horse, spyware or other malicious or unwanted software, denial of service attack or other malicious or unwanted attack, system outage, system error, software defects or equipment failures affecting the Customer, any authorized user or any party other than TriAxis.
3. Customer Responsibilities and Obligations - Although CTaaS is a managed service and TriAxis will be responsible for the availability of the Service components, the day-to-day operation of the CTaaS Service will, in part, depend on certain key processes and related infrastructure components which are wholly under the Customer’s control.
4. Support and Escalation Procedure
Below defines the escalation priorities to be used by the Customer and TriAxis in opening calls concerning the CTaaS Service.
Priority 3 (Low)
Classification: General inquiry or problem which has no operational impact on the Customer system.
Call Logging: 08:00 AM to 6:00 PM (ET), weekdays
Time to Fix: inquiry or problem dependent; normal business practices will be the default guideline unless otherwise mutually specified or agreed.
Typical Event:
Priority 2 (Medium)
Classification: Customer or TriAxis has identified a possible error or fault with the installed TriAxis Service but there is no critical effect on any other part of the Service.
Call Logging: 24hrs/day x 7 days/week x 365 days/year
Time to Fix: If not immediately resolved, attention will be received within 24 hours on next business day; will give best commercial effort to resolve as quickly as possible.
Typical Event:
Priority 1 (High)
Classification: Customer or TriAxis has identified a possible error or fault with the installed TriAxis Service that is affecting multiple Customer clients or causing a severe impact to system operations.
Call Logging: 24hrs/day x 7 days/week x 365 days/year
Time to Fix: If not immediately resolved, attention will be addressed within 4 hours wherein the resolution will proceed 12hrs/day x 5 days/week x 365 days/year until resolved.
Typical Event:
Some calls may require further investigation and even internal escalation by technical specialists. Although TriAxis will aim to resolve an open call in the shortest possible timeframe, this may in some cases depend on the availability of diagnostic information from the Customer as well as possible input from CTERA Network’s engineering and support personnel. In this case, TriAxis will monitor events at every stage throughout the diagnostic process and keep the Customer informed of all developments.
In many cases, TriAxis’ operations staff, through their service monitoring systems, will be aware of problems before they are logged by the Customer. In these cases the operations staff will call the assigned Customer representative to arrange the necessary remedial action.
Any investigative work carried out by TriAxis personnel on a fault that is not found to be the responsibility of TriAxis may incur charges, with a minimum billable charge of $175.00 US per hour, or part thereof. Should travel and accommodation be involved, this will also be charged at cost to the Customer.
Priority DR (Disaster Recovery)
Classification: Customer invokes an onsite Disaster Recovery.
Call Logging: 24hrs/day x 7 days/week x 365 days/year
Time to Fix: Problem determination will start immediately and a recovery plan will be proposed to the Customer depending on the exact nature, location and scale of the problem.
Problem resolution activity will be maintained on a 24 hour basis until the problem is resolved.
Typical Event:
5. Additional and/or Custom Requirements - TriAxis acknowledges that every Customer may have additional requirements to ensure their Business Continuity, as it relates to storing, managing and protecting their digital assets that are covered under this agreed Service. If any were agreed to as a material part of this Agreement, they will be listed on the executed Service Order.
2. TriAxis Responsibilities and Obligations - Subject to the conditions outlined in this document, TriAxis will ensure that the Service delivered to the Customer will function as specified in the Documentation and this SLA.
TriAxis will use commercially reasonable efforts to ensure that the Service is available [99%] of the time, calculated on a calendar monthly basis as measured by TriAxis on the basis that the Service ‘downtime’ (calculated as the difference between [100%] of time in a calendar month and the actual percentage of time during the month that the Service is available to backup and access Customer Content, etc.) will exclude time (i) required for routine system maintenance performed as described below; and (ii) as otherwise described in the “Exclusions and Exceptions” paragraph below.
TriAxis reserves the right to perform maintenance of the Service at any time between the hours of 5 a.m. and 7 p.m. Eastern Daylight Time or as otherwise reasonably required by TriAxis. In the event that maintenance will be known to impact the Service, TriAxis will use commercially reasonable efforts to notify Customer a minimum of forty-eight (48) hours in advance according to TriAxis’ standard notification policies.
TriAxis will assess the security of the Service against virus attacks, hacking, denial of service attempts, and fraudulent misuse of the Service. TriAxis agrees that it will implement industry standard security measures designed to prevent unauthorized persons from accessing web controls (including data publishing and content management functions), from altering or using in an unauthorized manner user data.
Customer will assess security risks of the data and Customer Content that Customer provides to TriAxis against virus attacks, hacking, denial of service attempts, and fraudulent misuse of the data and Customer Content. Customer agrees that it will implement industry standard security measures designed to prevent unauthorized persons from accessing web controls (including data publishing and content management functions), from altering or using in an unauthorized manner user data. TriAxis agrees to maintain appropriate mechanisms to protect the Customer Content from virus attacks, hacking, denial of service attempts, and fraudulent misuse of the data and Customer Content.
Customer acknowledges and agrees that the remedies set forth in this SLA is Customer’s sole and exclusive remedy for performance of service, and TriAxis’ entire liability, for TriAxis’ failure to comply with the uptime requirements set forth in the “Service Availability” paragraph of this SLA and for any and all unavailability of the Service.
For greater clarity, TriAxis will not be responsible for downtime in the Service caused by the following: a) unavailability or delay in performance of Internet networks controlled by entities other than TriAxis or traffic exchange points that are controlled by entities other than TriAxis; b) unavailability or delay in any connections or equipment of Customer or any authorized user which are not TriAxis- or TriAxis Agent-managed and are used by Customer or such authorized user to access the Service; (c) where the Service is unavailable or delayed as a result of the negligence or acts or omissions of Customer, its employees, contractors, agents or its customers, including Customer’s Breach of this Agreement; or (d) where the Service is unavailable as a result of circumstances or causes beyond the reasonable control of TriAxis including circumstances or causes arising in connection with any act or omission of the Customer or any party other than TriAxis or any virus, worm, trojan horse, spyware or other malicious or unwanted software, denial of service attack or other malicious or unwanted attack, system outage, system error, software defects or equipment failures affecting the Customer, any authorized user or any party other than TriAxis.
- 2.1 Installation and Configuration - An authorized TriAxis representative will deliver the specified Service to the Customer site on a pre-arranged installation date(s) as specified in the Contract Agreement, or otherwise mutually agreed by Customer and TriAxis. All defined Services will be installed, commissioned and tested to ensure that the equipment is fully operational. A TriAxis authorized representative will demonstrate to a designated Customer representative that the Service is capable of backing up, accessing and recovering Customer Content from the Customer network as well as other such services for which CTaaS feature-set provides.
- 2.2 Training - TriAxis will make training available to the designated Customer representative as described in the Agreement.
- 2.3 Support and Problem Escalation - The Customer will have access to the TriAxis Customer Support Team, which is available as outlined in the Services Components Details, attached herein as Schedule “A”. Calls will be handled in accordance with the escalation procedures outlined in the Support and Escalation Procedure section of this document, with priority going to the most severe type of problem.
- 2.4 Data Backup and Restoration - Within the terms of this Service Level Agreement, TriAxis will be responsible for ensuring that the CTaaS Service and all associated components under the direct control of TriAxis will be available to backup and recover Customer Content that has been defined in all valid backup sets by the Customer. TriAxis will be responsible for ensuring that the CTaaS Service and all associated components under the direct control of TriAxis will be available to restore Customer Content that has been previously backed up and stored on the Customer’s on-premise CTaaS Appliance as well as offsite data center.
- 2.5 Service Upgrades and Maintenance - TriAxis will be responsible for the provision, management and installation of all Service releases and engineering changes (hardware, software or firmware) that it deems necessary to maintain and/or upgrade the Services.
3. Customer Responsibilities and Obligations - Although CTaaS is a managed service and TriAxis will be responsible for the availability of the Service components, the day-to-day operation of the CTaaS Service will, in part, depend on certain key processes and related infrastructure components which are wholly under the Customer’s control.
- 3.1 Installation and Configuration
- 3.1.1 The Customer will be responsible for providing authorized access to a TriAxis representative to deliver the Services to the Customer site on a pre-arranged installation date(s).
- 3.1.2 The Customer will be responsible for providing the necessary power, network connection and environment to support the Appliance as defined in the CTaaS Services Components Details.
- 3.1.3 The Customer will make available a designated and appropriately qualified representative to work with the TriAxis representative during the installation of the Services, as defined in the Agreement.
- 3.1.4 The designated Customer representative will confirm that the backup functionality of the Service has been demonstrated to his/her satisfaction.
- 3.1.5 The designated Customer representative will then accept delivery of the CTaaS Service as a fully commissioned Service. The designated Customer representative will sign the Service Signoff Document and present this to the TriAxis authorized representative.
- 3.2 Training - The Customer will be responsible for designating a representative to undertake the TriAxis CTaaS training as defined in the CTaaS Services Components Details. The Customer will ensure that at least one designated person is capable of creating a backup set and schedule, backing up and restoring Customer Content using the Software, and evaluating a problem using the procedures outlined in the Support and Escalation Procedure section of this document. Additional training beyond what is described in the Services Components Details may be billable, at TriAxis’ discretion.
- 3.3 Support and Problem Escalation - The Customer designated representative will be responsible for promptly reporting any problems directly to the TriAxis Customer Support Team in accordance with the escalation procedures outlined in the Support and Escalation Procedure section of this document.
- 3.4 Data Backup and Restoration - The Customer will be responsible for the availability of their network and those systems to be backed up by the CTaaS Service. The Customer will be responsible for defining appropriate backup sets and schedules for those systems to be backed up. For confidentiality and security reasons, transmitted Customer Content is never opened or read by any of the TriAxis CTaaS processes. It therefore remains the Customer’s responsibility to ensure that Customer Content integrity, including virus scanning is maintained. The Customer will be responsible for performing all Customer Content restoration operations, unless otherwise agreed by TriAxis.
- 3.5 Reports - The Customer will be responsible for reviewing and acting upon the reports provided by the CTaaS Service. Unless otherwise agreed to by TriAxis, the trained Customer representative will be responsible for reviewing the detailed logs generated by the CTaaS Service.
- 3.6 Service Upgrades and Maintenance - The Customer will accept installation of all Service releases and engineering changes (hardware, software or firmware) deemed necessary by TriAxis to maintain and/or upgrade the CTaaS Service.
4. Support and Escalation Procedure
- 4.1 Customer Escalation Priorities
Below defines the escalation priorities to be used by the Customer and TriAxis in opening calls concerning the CTaaS Service.
Priority 3 (Low)
Classification: General inquiry or problem which has no operational impact on the Customer system.
Call Logging: 08:00 AM to 6:00 PM (ET), weekdays
Time to Fix: inquiry or problem dependent; normal business practices will be the default guideline unless otherwise mutually specified or agreed.
Typical Event:
- Billing or documentation query
- Request to add, move or re-deploy services
- General Service functionality enquiry
- Report generation issues
- General advice and guidance
- Service enhancements
Priority 2 (Medium)
Classification: Customer or TriAxis has identified a possible error or fault with the installed TriAxis Service but there is no critical effect on any other part of the Service.
Call Logging: 24hrs/day x 7 days/week x 365 days/year
Time to Fix: If not immediately resolved, attention will be received within 24 hours on next business day; will give best commercial effort to resolve as quickly as possible.
Typical Event:
- Previously installed and working TriAxis software now not functioning correctly
- Problem backing up a single Customer system
Priority 1 (High)
Classification: Customer or TriAxis has identified a possible error or fault with the installed TriAxis Service that is affecting multiple Customer clients or causing a severe impact to system operations.
Call Logging: 24hrs/day x 7 days/week x 365 days/year
Time to Fix: If not immediately resolved, attention will be addressed within 4 hours wherein the resolution will proceed 12hrs/day x 5 days/week x 365 days/year until resolved.
Typical Event:
- Escalation of Priority 2 call
- Customer unable to restore Customer Content
- Customer experiencing TriAxis related problems backing up from multiple systems
Some calls may require further investigation and even internal escalation by technical specialists. Although TriAxis will aim to resolve an open call in the shortest possible timeframe, this may in some cases depend on the availability of diagnostic information from the Customer as well as possible input from CTERA Network’s engineering and support personnel. In this case, TriAxis will monitor events at every stage throughout the diagnostic process and keep the Customer informed of all developments.
In many cases, TriAxis’ operations staff, through their service monitoring systems, will be aware of problems before they are logged by the Customer. In these cases the operations staff will call the assigned Customer representative to arrange the necessary remedial action.
Any investigative work carried out by TriAxis personnel on a fault that is not found to be the responsibility of TriAxis may incur charges, with a minimum billable charge of $175.00 US per hour, or part thereof. Should travel and accommodation be involved, this will also be charged at cost to the Customer.
Priority DR (Disaster Recovery)
Classification: Customer invokes an onsite Disaster Recovery.
Call Logging: 24hrs/day x 7 days/week x 365 days/year
Time to Fix: Problem determination will start immediately and a recovery plan will be proposed to the Customer depending on the exact nature, location and scale of the problem.
Problem resolution activity will be maintained on a 24 hour basis until the problem is resolved.
Typical Event:
- Disruption of mission critical systems due to data loss
- Major Customer Content loss
- Loss of entire Customer site
- Scheduled Disaster Recovery Test
- Notify all relevant members of the TriAxis Senior Management Team
- Review previous call history
- Gather all relevant logs and data from remote database and remote diagnostic support systems
- Implement repair/replacement/Crash Response Team procedures
- Arrange onsite arrival of TriAxis technical personnel, if applicable
- Provide problem status updates to the Customer on a regular basis
- Contact the Customer to confirm successful resolution
- Provide the Customer with specific post-DR reports (which may include DR Executive Summary, DR Problems Log and DR Timeline, as applicable)
5. Additional and/or Custom Requirements - TriAxis acknowledges that every Customer may have additional requirements to ensure their Business Continuity, as it relates to storing, managing and protecting their digital assets that are covered under this agreed Service. If any were agreed to as a material part of this Agreement, they will be listed on the executed Service Order.
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