This Service Level Agreement, effective May 15th2018, must be read as an integral part, in its entirety, of the SpinRamp Terms of Service in effect at the time.
Terms defined here must be read as a continuation and a part of the terms defined in the SpinRamp Terms of Service and vice versa.
1.1 SpinRamp Service Availability (SSA)
This is defined as the availability of SpinRamp web based application platform; and access to functionality and co-located data and operations thereof, as specified in the User Documentation and subject to the relevant SSO, by Service Administrator and Service Users.
Any unavailability due to SLA Exclusions will not be deducted from SSA calculations
1.2 3rdParty Services Availability
SpinRamp Service is dependent on multiple third party infrastructure and cloud services including hosting data center with power cooling and connectivity, data center security, data center network, DNS and SSL records, caching and CDN as well as customer evident platforms such as social networks, OAuth access control, website providers, email systems and so on.
1.3 Monthly SSA
The total percentage of time in minutes in any given calendar month where there is SpinRamp Service Availability (numerator) divided by the total number of minutes in that calendar month (denominator) times 100; SpinRamp’s data and logs and use of such data and logs will be the sole basis for such calculation.
1.4 Planned Maintenance
A time when the SpinRamp Service will not be available due to maintenance work being performed by SpinRamp and the Customer’s have been notified in advance.
1.5 Unplanned Maintenance
A time when the SpinRamp Service will not be available due to maintenance work being performed by SpinRamp and the Customer’s have not been notified in advance.
1.6 System Outage
Is defined as any Service Administrator’s and/or Service User’s inability to use login credentials to access the SpinRamp Service other than due to Planned or Unplanned Maintenance.
1.7 SLA Exclusions (SLE)
(i) Planned Maintenance (ii) Due to non-compliance with Acceptable User Policy by Service Administrator and Service Users (iii) Suspension of service due to non-payment of Fees by or dispute with Customer (Iv) Issues with broader Internet infrastructure including networks and DNS servers, due to willful or accidental acts or acts of omission, by operators of such infrastructure or other malicious actors; or due to force majeure events. (v) Issues with 3rdParty Services or the connections to those services for any and all reasons (vi) Issues with software, firmware or hardware used to develop, operate and support the SpinRamp Service (vii) hacks, introduction of viruses or malware, disabling devices, denial of service, man-in-the-middle and other spoofing attacks. (viii) Reported Functional or Performance issues that SpinRamp has accepted (ix) due to any functionality or work performed pursuant to a PSA.
1.8 Functional Issue
Any functional limitation in the SpinRamp Service that will not allow the Customer to operate the Service per the User Documentation subject to the relevant SSO and not due to SLA Exclusions.
1.9 Performance Issue
And any performance limitation that limits the reasonable operation of the SpinRamp Service and recognized as such at SpinRamp’s sole discretion and not due to SLA Exclusions.
1.10 Issue Classification (other than due to SLE)
Critical: Those issues where the Platform is unavailable or unusable
Major: A major module is unusable which results in limited functionality or performance and/or affects a large number of the Customer’s Audience.
Medium: Functional or Performance issue that affects only a limited functionality and/or a Customer’s Service User or Administrative User or a limited number of the Customer’s Audience.
Low: Minor issues that still enable near-normal functionality and reasonable performance.
General usage questions will not be included as Issues.
A remedy to the actual Functional or Performance Issue reported by the Customer so the SpinRamp Services work as intended.
A temporary update to code, a change in process, a limitation in levels of use or other approaches to mitigate but not necessarily resolve a Functional or Performance Issue.
1.13 Response Time
Elapsed time between SpinRamp’s acceptance of a Functional or Performance issue and the initial response to the Customer and will exclude any time due to SLA Exclusions.
1.14 Resolution Time
Elapsed time starting at the end of the Response time till SpinRamp Support provides a resolution, fix, work-around or other mitigation for the Functional or Performance issue and will exclude any time due to SLA Exclusions.
1.15 Target Resolution Classification
Critical: To be resolved within 12 hours.
Major: To be resolved within 24 hours.
Minor: To be preferably resolved within 6 weeks or next scheduled software update.
Low: No specified resolution time.
2 Commitment to Availability
2.1 SpinRamp shall take commercially reasonable measures to:
2.1.1 Monitor and maintain the SpinRamp Service including hosting, software and connectivity
2.1.2 Provide a monthly target SSA of 95% (SSA Target)
2.1.3 Minimize the Planned Maintenance Windows.
2.2 SpinRamp will notify users from time to time with on or about a week’s notice but no less than 24 hrs. of any Planned Maintenance. The Planned Maintenance window, which is the duration of the Planned Maintenance, will be specified with each notice and designed to minimize inconvenience to Customer’s but place continued stability and availability at a premium. SpinRamp will not be required to disclose the reasons or cause that required Planned Maintenance.
2.3 SpinRamp reserves the right to conduct, at its sole confidential discretion, any Unplanned Maintenance, at any time, for any cause, without being required to disclose the cause for such action. SpinRamp will not be required to disclose the reasons or cause that required Unplanned Maintenance. And in such cases SpinRamp has no obligation to provide Customer’s any prior notice.
2.4 SpinRamp will make all commercially reasonable efforts to remedy a System Outage at the earliest.
3 Termination due to failure of SSA Target
3.1 Customer reserves the right to terminate any active SSO if SpinRamp fails to meet the SSA Target for any three (3) consecutive months in a 12-month calendar period.
3.2 Such termination must be provided within ten (10) business days after the end of the third consecutive month (per 3.1 above) with termination effective no earlier than one calendar month of the end of that third consecutive month.
3.3 Any refund owed by SpinRamp to the Customer will be calculated as set forth in the SpinRamp Terms of Service section for a failure of Warranty. These will be the Customer’s sole and exclusive remedy for SLA deficiencies of any kind.
4 Premium Support Packages
4.1 SpinRamp may offer, from time to time, Premium Support Packages as a priced service.
4.2 These may specify various levels of Support coverage time (e.g. week day, working day, 24hours), Response Times based on Issue Classification and Premium Support Package, Training Sessions and access to shared knowledgebase.
4.3 Only those customers whose SSO itemizes a Premium Support Package will be supported by SpinRamp within the additional service levels set forth in these Premium Support Packages
4.4 For the avoidance of doubt, Customers who do not have an itemized Premium Support Package in their SSO will not be entitled to the service levels for Response Time and Resolution Time.
5 Changes to Service Level Agreement
This Service Level Agreement may be updated from time to time for any reason; each version will at a minimum apply to information collected while it was in place. Spinramp reserves the right to apply the updated Service Level Agreement to prior data as well. SpinRamp will notify the Customer of any modifications to SpinRamp Service Level Agreement by posting the new Service Level Agreement on SpinRamp Site and indicating the date of the latest revision. Customers are advised to consult this Service Level Agreement regularly for any changes.
A Customer’s continued use of the SpinRamp Service after the revised Service Level Agreement has become effective indicates that the Customer has read, understood and agreed to the current version of this Service Level Agreement.