Capstone Belle Service Level Agreement

Version: July 2017 – Current

  1. Definitions

1.1 Except as otherwise modified or defined herein, all terms in this Service Level Agreement have the same meanings as set forth in the Online Customer Services Agreement. For purposes of this Service Level Agreement the following definitions will apply.

1.2 “Scheduled Maintenance Window” means the window during which weekly scheduled maintenance of the Service may be performed.  The Scheduled Maintenance Window is between the hours of 5pm-9am AEST on business days.

1.3 “Emergency Maintenance” means any time outside of Scheduled Maintenance Window that Capstone is required to apply urgent patches or fixes, or undertake other urgent maintenance activities.  If Emergency Maintenance is required, Capstone will contact the Customer via a notification banner and/or email and provide the expected start time and estimation of duration of the Emergency Maintenance and if Capstone expects the Service to be unavailable during the Emergency Maintenance.

 

  1. Service Credits

2.1 “Service Credit” means the percentage of monthly Subscription Fees paid or payable for the Service that is awarded to the Customer for a validated claim associated with that portion of the Service related to the breach of the applicable SLA during that month.

2.2 In any given month the Customer shall in no event be entitled to receive a credit that exceeds 100% of its monthly Subscription Fee for the nonconforming Service.

2.3 Any Service Credits earned by the Customer hereunder will be applied to the Subscription Fees owed by the Customer for the next Service subscription period for which the Service Credit applies. Service Credits earned by the Customer hereunder will be applied against amounts due.  If Service Credits cannot be applied to future Subscription Fees because the Agreement has been terminated, Capstone will promptly pay the Customer the amount of the Services Credit.

 

  1. SLA Claims

3.1 The Customer must notify Capstone Support via support ticket or email within five (5) business days from the occurrence of the SLA incident.  The Customer’s claim must identify which specific SLA applies and the details of the relevant incident.  Distributors and channel partners may NOT open SLA tickets on behalf of a Customer.  If requested by Capstone, the Customer shall provide Capstone with evidence supporting the claim for analysis.  Failure to comply with these reporting requirements may forfeit the Customer’s right to receive a remedy in connection with an SLA.

3.2 For all claims subject to validation by Capstone, Capstone will use log files, database records, audit logs and any other information available to validate claims and make a good faith judgement on the applicability of SLAs to said incident.  Capstone shall make information used to validate a SLA available to the Customer upon request.

3.3 In the event that more than one aspect of the Service is affected by the same root cause, the single SLA applicable to such Service product of the Customer’s choosing may be claimed and no other claim will be validated or otherwise allowed for that event.

3.4 Except for gross negligence or willlful misconduct, the remedies set forth herin represents the Customer’s sole and exclusive remedy for Capstone’s breach of the SLAs defined in this SLA.

 

  1. Exclusions

4.1 The Customer shal not have any remedies under any SLA to the extent any SLA claim is due to:

(a) use of the Service product outside the scope described in the Online Customer Services Agreement;

(b) Customer Equipment and/or third party software, hardware or network infrastructure outside of Capstone’s Service and data centre and not under the direct control of Capstone;

(c) failure of the Customer to meet the recommended configuration requirements set for in the Help Documentation.

These SLAs to not apply to any end of life product or software version.

 

  1. System Availability

5.1 Capstone targets a 99.95% System Availability, which is defined as % of total time during which the Service can connect to port during each calendar month, excluding Scheduled Maintenance Window and Emergency Maintenance.  For purposes of calculating System Availability, only downtime occurrences exceeding 1 minute will apply.  A Monthly Uptime Percentage of 99.95% means the Customer will experience no more than 21.56 min/month of System Unavailability.

5.2 If the System Availability is less than 99.95%, and if the Customer has fulfilled all obligations under the Online Customer Services Agreement and this SLA, Capstone will provide the Customer with a Service Credit for the month in which the failure to meet the System Availability SLA has occurred.  The Service Credit will be calculated in accordance with the following:

(a) For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources

(b) For Monthly Uptime Percentage less than 99.0%, you will be eligible for a Service Credit of 30% of the charges attributable to the affected resources

 

  1. Support Availability

6.1 Capstone Support Desk is available from 9am-5pm (AEST) on business days via online tickets and email.  In some cases, screen-share may also be utilised by the Capstone Support Technician in troubleshooting.

6.2 Target response time notifying the Customer of the receipt of the support issue is 30mins response time if received between 9am-5pm (AEST) on business days.

6.3 Capstone may engage the use of third party service providers to resolve support and technical issues if the need arises.

6.4 Capstone may engage the use of support service providers located outside Australia, including for screen-share technical support.

 

  1. Data Location, Access & Visibility

7.1 The Customer has ownership of data stored by the Service – that is, all data, including text, sound, video or image files, that is provided by the Customer in the Service. Capstone will not use customer data or derive information from it for advertising or data mining.

7.2 Capstone company directors have no operational visibility of the Customer’s data unless required as part of the delivery of the Service to the Customer.

7.3 Customer data is stored in a Microsoft Azure data centre, located in Sydney, Australia.

7.4 If the Australian Government requests Customer data – including for national security purposes – Capstone and hosting provider Microsoft must follow the applicable legal process, serving first with a court order for content or a subpoena for account information. If compelled to disclose customer data, Microsoft will promptly notify Capstone and, in turn, the Customer, and provide a copy of the demand, unless legally prohibited from doing so. Microsoft, and in turn Capstone, do not provide any government with direct or unfettered access to customer data, except as directed by you or where required by law.

 

  1. Microsoft Azure Hosting Services

8.1 Capstone recommends the Customer be familiar with the SLA documentation provided by Microsoft for all Azure services: https://azure.microsoft.com/en-au/support/legal/sla/summary/

8.2 Capstone will notify the Customer if hosting services are changed from Microsoft Azure.