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SaaS and Support Service Level Agreement

  1. Availability Requirement
    IONIX will take commercially reasonable measures to make the SaaS Services Available (as defined hereafter), as measured over the course of each calendar month during the Term, at least 99% of the time, excluding unavailability as a result of the Exceptions described below (the “Availability Requirement”). “Available” means the SaaS Services (Portal and APIs) are available for access and use by Customer’s Users. In the event the Availability Requirement isn’t met, Customer’s sole and exclusive remedy shall be a credit issued from IONIX to Customer in the amount of two percent (2%) of the annual fee for the Service that will be applied towards a subsequent renewal Term. Any such credit shall be IONIX’s sole liability, and Customer’s sole and exclusive remedy, for IONIX’s failure to meet the Availability Requirement. For purposes of calculating the Availability Requirement, the following are “Exceptions” to the Availability requirement, and the SaaS Services shall not be considered un-Available as a result of:

    (A). Customer’s, Users’ or any third party’s acts or omissions (excluding any Affiliates or subcontractors of IONIX), including a breach of the Agreement.
    (B). Customer’s or Users’ Internet connectivity.
    (C). Internet traffic problems not under IONIX’s reasonable control.
    (D). A Force Majeure Event.
    (E). Planned or announced unavailability due to regular or emergency maintenance.
  2. Response Times
    IONIX will respond to specific operational and system issues with the SaaS Services as set forth below (Response Times).

    Each issue will be classified by IONIX into one of the following categories:
    (A). Critical – Failure in SaaS Services where the failure causes complete loss of service or extreme degradation of service for which there is no workaround or redundancy. Results in business impact to the Customer, requiring immediate corrective action. It severely risks critical business operations that may result in extreme financial impact to the Customer.

    (B). High– A SaaS Service disruption has been identified that severely affects the Customer resulting in performance degradation or severe reduced system availability. The problem impacts critical business operations that may result in High impact to the Customer.

    (C). Medium– Conditions which do not significantly impair the effective functional capability, performance, or specification adherence of the SaaS Services. The problem has minimal impact on business operations or minimal degradation of service.

    (D). Low – Conditions where the Customer is seeking information only, which do not impact functional capability, performance, or specification adherence of the SaaS Services. The problem has no business impact to the Customer.

    Response to reported issues will be as follows:

    Priority Response TimeRestore (Workaround) Resolve (Final fix)
    Critical 60 Mins (24/7)8 HoursContinuous effort to resolve
    High4 Hours (24/7)24 Hours`30 Days
    Medium1 business dayN/AN/A
    Low2 business daysN/AN/A
  3. Requesting Service Level Credit
    To receive a credit, Customer must submit a request by sending an email message within thirty (30) calendar days of the incident to [email protected]. that includes (i) the dates and time of each incident when the SaaS Services was not Available that Customer claims to have experienced, (ii) Customer server request logs that document the errors and/or other information that corroborates the claimed outage. Customer’s failure to submit its request as required above will disqualify Customer from receiving a credit.
  4. Contact methods
    To obtain support for all Priority levels of support issues, Customer shall contact IONIX by email at [email protected] after exhausting internal escalation with Customer subject matter experts (SMEs).
  5. Regular support business hours
    Mon-Fri 2:00 AM – 6:00 PM Eastern Standard Time (8:00 AM – 12:00 AM Central European Time).
  6. Emergency Downtime for the SaaS Services
    If IONIX determines that it must take the SaaS Services offline for emergency purposes, IONIX will make commercially reasonable efforts to provide Customer with email notification five (5) hours prior to taking the SaaS Services offline.