Premium Support Terms

CloudBasix Premum Support SLA

(Terms apply to subscribers to Premium Support only)

1. Definitions and Interpretation

1.1 In addition to the definitions set out elsewhere in the EULA, unless the context otherwise requires, the following definitions and rules of interpretation apply in this Premium Support Schedule:

Client

the legal entity that has either a EULA or Subscription Agreement in place with CloudBasix for the access to and use of the Software;

Cloud Product

the third party cloud software service or product which the Software has been developed for and is to be used in connection with as set out in the EULA or Subscription Agreement (as applicable);

EULA

CloudBasix’s end user license agreement pursuant to which CloudBasix licenses the Software and provides Support Services to clients;

Non-CloudBasix Cause

has the meaning set out in paragraph 2.5 of this Schedule;

Fault

a failure of the Software to operate substantially in accordance with the functionality specifications - including modifications of a Cloud Product causing  Prerequisites and Limitations to no longer be satisfied - of the Software, as set out in the Software Documentation, and determined to NOT be related to a Non-CloudBasix Cause;

Help Desk

the support case management after a case is opened via:

(a) calling a dedicated Premium Support phone number for Problem Severity Levels 1 & 2, as set out in paragraph 4.1.2;
(b) emailing to support@cloudbasix.com, for Problem Severity Levels 3 & 4, as set out in paragraph 4.1;

Long Term Support (“LTS”) release

a major release of the Software on an annual basis, usually in January, which will remain supported until the next LTS release and then a further 6 months;

CloudBasix Customer Support Team

those individuals appointed by CloudBasix from time to time to provide the Support Services on its behalf;

Non-current version or release of the Software

a version or release of the Software that is older than the current Long Term Support release and, if based on the immediately preceding LTS, more than 6 months have passed since the current LTS was released;

Out-of-scope Service

any services provided by CloudBasix in connection with any Fault caused by or arising out of or in connection with a Non-CloudBasix Cause or support provided outside of the Support Hours;

Platform

the third party cloud infrastructure platform referenced in the EULA or Subscription Agreement (as applicable) in respect of which the Software is deployed;

Service Levels

the service level responses and response times referred to in the Service Level Table which vary according to the Support Package the Client has in place;

Service Level Table

the table set out in paragraph 4.1

Solution

either of the following outcomes:

(a)            correction/resolution of a Fault or;

(b)            a workaround that is reasonably acceptable to the Client;

Software

the software provided by CloudBasix to the Client pursuant to a EULA or Subscription Agreement (as applicable);

Subscription Agreement

CloudBasix’s subscription agreement terms pursuant to which clients subscribe to the Software and other services provided by CloudBasix;

Support Fees

the fees due according to the Support Package the Client has subscribed to from time to time the details of which are set out in the order form if not included in the subscription;

Support Hours

For subscribers to our paid Premium Support, 24 hours a day, 365 days a year for Severity Level 1 cases. For all other Severity Levels and other subscribers, standard support hours are 9.00 am EST to 1.00 am EST Monday to Friday, except on days which are public holidays in USA when support will be restricted to the business hours of any open CloudBasix office;

Support Package

CloudBasix’s support packages released from time to time, being either standard or Critical;

Support Request

a request made by a User via the Help Desk for support in relation to the Software;

Support/Support Services

the technical remote support services provided by CloudBasix Customer Support Team, without gaining direct access to Client's networks, instead providing instructions to Client's DevOps and DBA engineers, to be followed in order to  remediate Faults or  implement workarounds, in accordance with and as set out in this Support SLA, but excluding any Out-of-scope Services.

1.2 All initial capitalized terms in this Support SLA shall have the meaning given to them in the EULA or Subscription Agreement (as applicable).

 

2. Support Services

 

2.1 Subject to the Client paying the Support Fees in accordance with the terms of its EULA or Subscription Agreement (as applicable), CloudBasix shall provide the Support Services during the Support Hours.

2.2 As part of the Support Services, CloudBasix shall:

      2.2.1    provide Client with access to the Help Desk for communicating and managing support cases under this SLA;

      2.2.2    provide the Support Services as detailed in paragraph 4 below;

      2.2.3    use its commercially reasonable efforts to correct all Faults notified to it in accordance with the Service Levels.

2.3 Where the Client’s Support Package is CloudBasix’s Premium offering, CloudBasix shall utilize incident response software and such other methods as CloudBasix deems reasonable and necessary (including video conferencing and screen sharing, requesting of logs and scripted database objects to be reviewed offline etc) to aid in responding to Severity Level 1 Faults in accordance with the Service Level.

2.4 CloudBasix may determine that a Support Request requires Out-of-scope Services. If CloudBasix makes any such determination, it shall promptly notify the Client of that determination, and the reason for it. Client may challenge that determination. If the Out-of-scope Services will be chargeable, work will only commence on receipt of a signed order.

2.5 Support is provided for standard configurations of the Software and where the Client is following the documented practices in operating the Software, including taking back-ups. As such, Support does not include CloudBasix dealing with any failure of the Software to operate in accordance with the Documentation which arises from the foregoing or as a result of or in connection with:

      2.5.1    any improper use, misuse or unauthorized alteration of the Software by a User;

      2.5.2    any use of the Software by a User in a manner inconsistent with the then-current Documents;

      2.5.3    the use by a User of any software not provided by CloudBasix or approved by CloudBasix in the Documentation for use by the Client in connection with the Software;

      2.5.4    failure of the Client or Users to operate the Software in accordance with the Operating Requirements;

      2.5.5.   the use of a non-current version or release of the Software;

      2.5.6    any breach by the Client or a User of the EULA or Subscription Agreement (as applicable);

      2.5.7    a failure or issue with the Platform (including for example an outage or issue with the Cloud Service Provider; Azure VM, Amazon EC2, Amazon VPC configuration etc)

      2.5.8    a failure or issue with a Cloud Product (including for example an issue with involved in the CloudBasix based solution AzureSQL Database, Managed Azure SQL Instance, Azure Synapse; RDS SQL Servers, Amazon Lambda, Amazon S3; Google CloudSQL, Google BigQuery etc.);

      2.5.9    performance degradation of a Cloud Product (including for example an issue with involved in the CloudBasix based solution AzureSQL Database, Managed Azure SQL Instance, Azure Synapse; RDS SQL Servers, Google CloudSQL, Google BigQuery etc.), including performance degradation related to substantial increase of stored data over prolonged period of time, which is not in conjunction with performance metrics gathered during initial prove of concept phase, performed stress testing in user acceptance, development, sandbox, quality assurance or other environment.

      2.5.10  a cause outside of CloudBasix’s reasonable control;

(each a Non-CloudBasix Cause) and any such failure shall not constitute a Fault for the purposes of this Premium Support SLA.

The Client acknowledges that CloudBasix is not obliged to provide Out-of-scope Services. Any Out-of-scope Services provided by CloudBasix will be charged for at CloudBasix’s standard rates from time to time, as quoted before work commences.

3. Submitting Support Requests

3.1 All requests for Support Services shall be made by way of a Support Request. CloudBasix leverages Salesforce Service Cloud portal for support case management. Customers use Service Cloud to log cases and CloudBasix’s support team manages the case to completion via the portal.

3.2 Each Support Request shall include a description of the Fault and, where relevant, the start time of the incident and the severity level the User believes the Fault to be.

3.3 The Client shall and shall procure and ensure that Users shall provide CloudBasix with:

      3.3.1    prompt notice of any Faults which it becomes aware of;

      3.3.2    such output and other data, logs, scripted database objects, documents, information, assistance as are reasonably necessary to assist CloudBasix to reproduce operating conditions similar to those present when the User detected the relevant Fault and to respond to the relevant Support Request; and

      3.3.3    assistance with root cause analysis;

      3.3.3    assistance with implementing a Solution, in accordance with obtained approvals by Client's inside DevOps and DBA, to remediate the Fault or implement a workaround;

4. Service Levels

4.1 CloudBasix shall

   4.1.1    prioritize all Support Requests based on its reasonable assessment of the severity level of the Fault reported;

   4.1.2    respond to all Support Requests which relate to a Fault, in accordance with the responses and response times specified in the table set out below:

 

Problem Severity Level

 

 

Premium Service Level Response Time

 

 

Standard Service Level Response Time

Critical (Severity Level 1):

Critical production issue that severely impacts use of the Software. This situation halts Software availability and no procedural workaround exists.

·   Production CloudBasix instance is down, and can't be restarted

Within 1 hour 24x7

The CloudBasix Customer Support Team will respond to and commence efforts to address Severity 1 Faults reported immediately upon detection or notification of such a problem with a 1 hour response time.

As soon as possible during the Support Hours, having regard to a reasonable assessment of the severity of the Fault

High (Severity Level 2):

Major functionality is impacted or significant performance degradation is experienced. The situation is causing a high impact to portions of the Software and no reasonable workaround exists.

·   The Software is operational but highly degraded.

·   Critical documented feature function is not available.

Ability to consume integrations, route alerts based on escalation policies, or features of the Software are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion.

·    Software capabilities where a failure of a service is indicative of a Severity Level 2 outage include:

-        Non-production systems are unavailable;

-        Systems are running schedules but users cannot log in;

-        Critical data extraction components have stopped working;

Within 4 hours 16x5

The CloudBasix Customer Support Team will respond to and commence efforts to address Severity 2 Faults reported immediately upon detection or notification of such a problem with a 4 working hour response time.

As soon as possible during the Support Hours, having regard to a reasonable assessment of the severity of the Fault

Medium (Severity Level 3):

There is a partial, non-critical loss of use of the Software with a medium-to-low impact to service delivery, and the Software continues to function.

A short-term workaround is available, but it is not scalable nor sustainable.

The CloudBasix Customer Support Team will respond to and commence efforts to address Severity 3 Faults as quickly as possible.

Low (Severity Level 4):

There is a minor issue that is not impacting service delivery, and the Software continues to function. Severity 4 cases also include information requests such as those regarding CloudBasix functionality and design patterns.

The CloudBasix Customer Support Team will respond to and commence efforts to address Severity 4 Faults as quickly as possible.

4.2 CloudBasix and the Client may, on a case-by-case basis, agree in writing to a reasonable extension of the Service Level response times.

4.3 CloudBasix shall give the Client regular updates of the nature and status of its efforts to correct any Fault.

 

 

Last revised on Mar 24, 2022