Service Level Agreement
This Service Level Agreement is subject to the Service Exceptions (as defined below), the Agreement,
and dependent upon the support level subscribed to by Customer as specified in a Statement of Work
(“SOW”). Unless explicitly agreed otherwise in writing by the Parties, Customer’s orders for Services
shall be governed by the Agreement (including all Exhibits) and nothing contained in any purchase
order, letter or other instrument shall in any way modify, vary, change or add any term or condition
hereto.
The business resumption plan contained in the standard iBASEt offering is a cold site, 8 hours to restore
full service. Backups are copied to secure offsite storage with retention settings as follows;
- Daily – twice daily backups stored for 5 days
- Weekly – once a week stored for 20 days
- Monthly – first of the month stored for a year
Scheduled service outages, if required, will normally occur on Saturdays between 1:00 AM and 5:00
AM pacific time, however, this can be customized to support customers’ specific needs. If scheduled
service outages are required outside of this time frame, Customer will be notified in advance. iBASEt
commits to provide 99.5% uptime with respect to the Customer’s Service during each calendar quarter
of the Term, excluding regularly scheduled maintenance times and connectivity loss due to Customer’s
ISP, and Service Exceptions defined below. If in any calendar quarter this uptime commitment is not
met by iBASEt and Customer was negatively impacted (i.e., attempted to log into or access the Service
and failed due to the unscheduled downtime of the Service), iBASEt shall provide, as Customer’s sole
and exclusive remedy, service credits in an amount equal to the following (percentages are based on
quarterly pro-rata portion of the hosted services fees identified above:
99% – 99.49% = 5%
97% – 98.99% = 7.5%
95% – 96.99% = 15%
Less than 95% = 25%
In the event of repeated failures to achieve the uptime objective outlined above, specifically if iBASEt
fails to achieve the target in three (3) consecutive quarters or in any four (4) quarters out of a rolling
six (6) quarter period, Customer shall be permitted to terminate this Agreement, upon notice to iBASEt,
without penalty or fee.
Regularly scheduled maintenance time is not considered downtime for purposes of the above
calculation. Maintenance time is regularly scheduled if it is communicated in accordance with the
notice section set forth below at least two full business days in advance of the maintenance time as
well as emergency maintenance. Regularly scheduled maintenance time typically is communicated at
least a week in advance, scheduled to occur at a time that minimizes disruption to your business and
consumes approximately 24-48 hours each quarter. In the event of a critical vulnerability iBASEt
reserves the right to take systems down for emergency maintenance; in the cause of such an event we
will make a reasonable effort to notify the customer in advance of the maintenance.
This Service Level Commitment may be amended by iBASEt in its discretion but only after providing
thirty (30) days’ notice. Notices will be sufficient if provided to a user designated as an administrator
of your iBASEt account either: (a) as a note within the iBASEt Customer Support Portal, or (b) by
email to the registered email address provided for the administrator(s) for Customer’s account. iBASEt
Sandbox, Beta and debugger accounts and other test environments are expressly excluded from this or
any other service level agreement.
The calculation of iBASEt’s 99.5% uptime above shall not include periods of unavailability caused by
any of the following (collectively known as, “Service Exceptions”): (a) a suspension of Services by
iBASEt for material breach by Customer of the Agreement (including the SOW); (b) a force majeure
event as defined below; (c) the action(s) or inaction(s) of Customer or any third-party directed or
controlled by Customer; (d) the failure of equipment, software or other technology owned or controlled
by Customer; and (e) scheduled maintenance.
A “force majeure event” means the unforeseeable occurrence of any of the following: war or terrorist
activity, rebellion or revolution; act of local or national government; nuclear accident; or damage or
destruction to property caused by act of God, any other similar type of event out of iBASEt’s
reasonable control.