This Service Level Agreement (“SLA”) shall apply to the Subscription Services and forms part of the DischargeRx Software as a Service Agreement (the “Service Agreement”) between Troy Group, Inc. (“Company”) and the Customer into which the SLA has been incorporated into by the parties. Terms not otherwise defined herein will have their meaning as in the Service Agreement.
If Company does not achieve and maintain the service levels for the Subscription Services as described in this SLA, then Customer may be eligible for a credit towards a portion of Customer’s service fees. Company will not modify the terms of the SLA during the initial term of your subscription; however, if Customer renews its subscription, the version of this SLA that is current at the time of renewal will apply throughout Customer’s renewal term.
Definitions. For the purpose of this SLA, the terms in bold are defined as follows:
Available or Availability means when the Customer who’s account is active and enabled has reasonable access to the Subscription Service provided by Company, subject to the exclusions defined in Downtime below.
Total Monthly Minutes means the number of days in the month multiplied by 1,440 minutes per day.
Maintenance Time means the time period during which the Subscription Services may not be Available each month so that Company can perform routine maintenance to maximize performance, on an as needed basis, and includes Preventive Maintenance and Planned Maintenance but excludes Emergency Maintenance.
Downtime means the total number of minutes that the Customer’s Authorized Users cannot access the Subscription Services. The calculation of Downtime Minutes excludes time that the Customer’s Authorized Users are unable to access the Subscription Services due to any of the following:
(a) Due to factors outside Company’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
(b) That result from the use of services, hardware, or software not provided by Company, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
(c) Caused by Customer’s use of a Subscription Service after Company advised Customer to modify Customer’s use of the Subscription Service, if Customer did not modify Customer’s use as advised;
(d) That result from Customer’s unauthorized action or lack of action when required, or from Customer’s employees, agents, contractors, or vendors, or anyone gaining access to our network by means of Customer’s passwords or equipment, or otherwise resulting from Customer’s failure to follow appropriate security practices;
(e) That result from Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or Customer’s use of the Subscription Service in a manner inconsistent with the features and functionality of the Subscription Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance; or
(f) Maintenance Time of up to four (4) hours per month.
Customer understands and agrees that there may be instances where Company needs to interrupt the Subscription Services without notice in order to protect the integrity of the Subscription Services due to security issues, virus attacks, spam issues or other unforeseen circumstances. Below are the Maintenance Windows and their definitions:
These change controls are when we detect an item in the environment that we need to take action on, to avoid emergency change controls in the future. These change controls, if possible, will usually occur in low peak hours with peak being defined by our network metrics.
These are change control’s being done to:
- Support on-going product and operational projects to ensure optimal performance
- Deploy non-critical service packs or patches.
- Periodic redundancy testing.
Where possible Company will provide notice of planned maintenance five (5) days prior to performing planned maintenance.
These change controls happen immediately with little notification ahead of time; however, we will post the information to our website soon after or during the change.
The required configurations Customer must have to access the Subscription Services include:
- Internet connection with adequate bandwidth;
- Internet Browser; and
- TROY Print Agent(s) Installed and Properly Configured.
The Control Panel (Web based administration/settings portal) is provided to all Customers enabled with Subscription Services, so the Customer can manage their own account and services. Customer should use discretion when granting administrative privileges to the Control Panel. For liability purposes the Level 1 Support Team is not permitted to access nor perform tasks via the Customer’s Control Panel. Changes facilitated in the Control Panel are billable and Company is not responsible for downtime and is unable to provide credits due to Customer’s negligence in the management of the Control Panel. An example of negligence is service unavailability caused by reaching quota limits set in the Control Panel. Another negligence example is templates or settings disabled/deleted in error. Please note that in the case of negligence, Company may/may not have the ability to restore data as data restoration is reserved for disaster recovery purposes. If data is lost due to negligence and it is determined that the data or a fraction of the data can be restored, professional service fees may be applicable.
Company shall make support agents available to Customer during Company’s normal business hours through the below channels:
- Phone – (724) 856-0432, Option 4
- Support Portal/Website
- E-mail firstname.lastname@example.org
Company will provide technical support to Customer via both telephone and electronic mail on weekdays during the hours of 9:00 am through 5:00 pm Eastern time, with the exclusion of Federal Holidays (“Support Hours”).
Customer may initiate a helpdesk ticket during Support Hours by calling 724-856-0432 or any time by emailing email@example.com. Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.
Uptime Service Level Commitment.
Measurement of Availability
Company uses a proprietary system to measure whether the Subscription Services are Available and the parties agree that this system will be the sole basis for resolution of any dispute that may arise between Customer and Company regarding the calculation of Availability of the Subscription Services.
Availability is calculated based on the following formula:
A = (T – M – D) / (T – M) x 100%
A = Availability
T = Total Monthly Minutes
M = Maintenance Time
D = Downtime
|Availability||Service Level Credit Amount of Prorated Monthly Fee|
|> 95% but < 99.95%||5%|
|> 90% but < 95%||10%|
Remedy and Procedure
Customer’s sole and exclusive remedy and the procedure for obtaining Customer’s remedy in the event that Company fails to meet the service level metrics set forth above are as follows:
To qualify for remedy:
(a) There must be a support ticket documenting the event within 24 hours of the service interruption; and
(b) Customer’s account must be in good standing with all invoices paid and up to date.
Customer must notify Company in writing within five (5) business days by opening a support ticket and providing the following details:
- Subject must be: “Claim Notice”;
- List the date the Downtime occurred;
- List Authorized User(s) Display Name and E-mail address affected by Downtime;
- List an estimate of the amount of actual Downtime in minutes; and
- Ticket number(s) for any related support cases opened in relation to the Downtime.
Company will confirm the information provided in the Claim Notice within five (5) business days of receipt of the Claim Notice. If Company cannot confirm the Downtime, then the Customer and Company agree to refer the matter to executives at each of Customer and Company for resolution. If Company confirms that Company is out of compliance with this uptime service level commitment, the Customer will receive the amount of service level credit (based on the annual Fee amount set forth above for the Availability level metric for the affected month. The service level credit will be issued to Customer’s account and applied to future invoices following Company’s confirmation of the Downtime. Service level credits can only be applied to accounts that are in good standing with all invoices paid and up to date.
The service level credits are the sole and exclusive remedy of Customer and the sole obligation of Company for any failure of Company to meet any obligations arising out of this SLA.
Last Updated: March 15, 2021