Capitan Systems Limited

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Service Level Agreement

Version 1.0 - April 2021

Unless otherwise provided herein, this "Service Level Agreement" is subject to the terms of the "SaaS Terms and Conditions" and capitalised terms will have the meaning specified in the "SaaS Terms and Conditions".

The Supplier reserves the right to change the terms of this "Service Level Agreement".

1. Definitions

  • Maintenance Window: each Tuesday 20:00 UTC to Wednesday 04:00 UTC and each Thursday 20:00 UTC to Friday 04:00 UTC.
  • Service Credit: 1 GBP equivalent, calculated as set forth below, which the Supplier may credit as Work Request Credits.
  • Unavailable / Unavailability: when the the Services have no external connectivity or do not load within a reasonable amount of time for the type of request being made.
  • Uptime Agreement: 99% as standard, and 99.9% for Services with Premium Protection: Data Redundancy
  • Uptime Percentage: calculated by subtracting from 100% the percentage of minutes during the Initial Service or rolling Renewal Period in which the entire Services were Unavailable. Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Service Level Agreement Exclusion (defined below).

2. Service Commitment

Service Availability

The Supplier uses commercially reasonable efforts to make the Services available with an Uptime Percentage of at least your Uptime Agreement. For Customers with 'Premium Protection: Data Redundancy' this includes the implementation of database failover systems to ensure continuity.

Service Back-ups

The Supplier and it's third party suppliers generate back-ups which are encrypted and stored securely in UK datacentres.

Service Monitoring & Maintenance

The Supplier uses third party professional services to monitor the Service's uptime and performance, and actively works to optimise the performance of the Services.

The Supplier and/or it's third party suppliers maintain the Services by;

  • Maintaining the server hardware
  • Maintaining the server hosting environment
  • Maintining and developing the Software

Secheduled Maintenance: The Supplier will give the Customer 72 hours notice in Writing if any scheduled maintenance is expected to cause downtime. The Customer may respond in Writing within 24 hours to order to request an alternative Maintenance Window.

Emergency Maintenance: Emergency maintenance may be required in response to unforeseen events or to roll out fixes for bugs which affect the Services. The Supplier may perform emergency maintenance at any time. The Supplier will endeavour to provide advance notice of emergency maintenance if it is expected to cause the Services to be Unavailable.

Service Support

The Supplier provides the following channels for technical support;

  • Knowledge Base (via www.i-capitan.com) for self-diagnosis and remedy.
  • Support Ticketing System (via www.i-capitan.com) for assistance from the Supplier's technical representatives.

The Supplier aims to respond to Support Tickets within 2 hours during  Business Hours, and within 6 hours outside of Business Hours. The Supplier reserves the right to adjust the ticket response time during busy periods, and in such cases the Suppliers website will notify the Customer of delays.

3. Service Level Agreement Exclusions

The Service Availability Commitment does not apply to any Unavailability:

  1. caused by factors outside of our reasonable control, including any force majeure event or internet access or related problems beyond the demarcation point of the Services; or
  2. caused by any actions or inactions of the Customer or any third party, including code deployments or publishing of content; or
  3. caused by from the Customer's equipment, software or other technology; or
  4. caused by third party equipment, software or other technology; or
  5. caused by maintenance during the Maintenance Window; or
  6. arising from the suspension and termination of your right to use the Services.

4. Service Credits

In the event of the Supplier failing in it's Service Commitment the Customer is eligible to request a Service Credit no later than 1 Renewal Period after the period being claimed for.

Service Credits are calculated as a follows:

  • Uptime Percentage less than your Uptime Agreement but equal to or greater than 99.0%: 10% of the Service Fee for the affected Initial Service or Renewal Period, converted to Work Request Credits.
  • Uptime Percentage less than 99%: 25% of the Service Fee for the affected Initial Service or Renewal Period, converted to Work Request Credits.

The Customer must submit a claim in Writing, including;

  1. the words “Service Level Agreement Credit Claim” in the subject line;
  2. the dates and times of each Unavailability incident.

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