OCP Services SLA
This Service Level Agreement for OCP Services (this “SLA”) is a part of your OCP Service Agreement (the “Agreement”). This SLA defines the performance levels that Omilia provides to its Customers regarding the availability of OCP Services. This SLA only applies to your purchase and use of the OCP Services for a fee, and shall not apply to any free Services or trial Services provided by Omilia.
If you i) are accessing the OCP Services as a customer of an OCP reseller, and ii) have signed an offline variant of this SLA with your reseller, the terms below do not apply to you, and the Service Level Agreement signed with your reseller governs your use of the OCP Services. In case you are unsure, please contact your reseller.
Notwithstanding the foregoing, you acknowledge that any SLA provisions, commitments, or remedies, do not apply to any unavailability of the OCP Services due to:
(i) occasional planned downtime at non-peak hours (for
which advance notice will be provided); or
(ii) any unavailability caused by circumstances beyond Omilia’s reasonable control, including failure or delay of Customer’s Internet connection, misconfiguration by Customer or any third party, issues on Customer’s network, or telecommunications services contracted by or for Customer, or
(iii) unavailability as a result of the actions of Azure or AWS, including (a) any maintenance or planned downtime of the Azure or AWS services, (b) any fault or failure of the Azure or AWS services, or (c) Azure or AWS either terminating the Azure or AWS Customer Agreement or suspending Omilia’s or Customer’s use of Azure or AWS services.
1. Hours of Operation
The Omilia OCP Services are designed to be available 24 hours a day, 7 days a week, 365 days a year, except during maintenance periods, technology upgrades and as otherwise set forth in the End-User Agreement, Partner Agreement, Service order and this OCP Services SLA.
2. Service Availability
Commencing at Omilia’s activation of any OCP Services in production state for the End User, Omilia works to meet the Target Service Availability Level, or Target Service Uptime, of 99.9% in a specific region. This is in accordance with the terms set forth in the OCP Service Terms and Conditions.
2.1. Measurement of Availability
Following the end of each calendar month of the applicable Services Period, Omilia measures the OCP Services Availability Level over the immediately preceding month by using the calculation of total minutes in the month less downtime minutes divided by total minutes in the month, and multiplying the result by 100 to reach a percent figure. Scheduled maintenance shall be excluded from downtime provided that the scheduled maintenance occurs during scheduled maintenance windows, which are communicated by Omilia at least fifteen (15) days in advance.
2.2. Reporting of Availability
Omilia will provide metrics on the Service Availability Level upon receipt of a Service Request submitted by the Partner or the End User to Omilia, requesting the metrics.
2.3. Definition of Unplanned Downtime
OCP Cloud Services are deployed on resilient infrastructure controlled by Microsoft Azure (“Azure”) and/or Amazon Web Services (“AWS”). “Unplanned Downtime” means any time during which the OCP Services are rendered unreachable to the End User. Unplanned Downtime does not include any time during which the OCP Services or any OCP Services component are not available due to: (i) scheduled maintenance, (ii) circumstances outside of Omilia’s control and other force majeure events (e.g., outages initiated at End User request, outages caused by non-Omilia electrical, network, telecommunication, or other connectivity equipment, security attacks, natural disasters, or political events), and (iii) any suspension by Omilia permitted under End User Omilia agreement or End User order.
Omilia uses a variety of software tools to monitor the availability and performance of the OCP Services, and currently generates alerts for monitored components. Omilia’s staff monitors alerts associated with deviations to Omilia defined thresholds, and follows standard operating procedures to investigate and resolve underlying issues. Omilia regularly performs performance, penetration and vulnerability testing and security assessments against OCP infrastructure, platforms, and applications in order to validate and improve the overall security of OCP Services. Partner or End User cannot perform performance, penetration and vulnerability testing and security assessments against OCP infrastructure, platforms, and applications, without the written consent of Omilia.
4. Service Credits
End User may receive Service Credits in the event that the Target Service Availability Level or Target Service Uptime for Omilia OCP Services that End User has subscribed to under the End User order is below the defined Target Service Availability Level applicable to such OCP Service(s). Service Credits can be applied against the next month’s OCP Services Subscription Fees. The maximum cumulative credit for each and every OCP Service Subscription in any Month period is not to exceed 10% of the total invoice for the same period. In addition, a given incident on a given OCP Service which consequently affects additional OCP Services, can not give rise to multiple penalties.
|Service Availability Level||Credit % of monthly fee|
|99.5% – 99.8%||2|
|99.0% – 99.4%||5|
5. Support Services
Omilia shall provide support services for its OCP Services in the form of incident management and resolution, on a 24×7 (twenty-four-by-seven) basis.
Omilia offers full documentation on the functionality of OCP Services comprising of services Specifications, instructions for use and working examples. OCP Services are expected to operate according to current documentation.
An “Incident” is defined as any issue discovered that causes an OCP Service not to operate in conformance with the OCP Services Specifications and Documentation.
“Response” shall mean that Omilia’s support team has acknowledged to the End User the ticket submission for an Incident and appropriate technical support resources have been assigned. “Respond” shall have a corresponding meaning.
5.4. Severity Levels
Severity levels regarding production systems for Enterprise End-Users are as follows:
|Severity Level||Error Definition|
|1||One or more elements of OCP Services are not working as described in the Documentation, or present serious malfunctions critically affecting the End User’s related business operations. OCP Service(s) supporting the End User’s critical business processes has failed in a way that is either not operative or limited in function, causing the End User’s business to be critically affected.|
|2||One or more elements of OCP Services are not working as described in the Documentation, affecting more than 10% of End User related business operations. Certain features of one or more elements of OCP Services are not working or one or more elements of OCP Services present limited functionality affecting to a serious extent the related business operations of the End User. Production operation is possible, but with serious consequences to cost/revenue and/or user efficiency.|
|3||An error or failure in one or more elements of OCP Services causes a slight impairment to a certain functionality provided by those respective elements. Production limitations are not affecting efficiency of End User related business operations.|
|4||One or more elements of OCP Services are working with a slight impairment to certain features or functions of those respective elements. Nevertheless, the impairment has no effect on the business operations of the End User. Examples would be cosmetic or documentation issues, suboptimal user interface, and the like.|
5.5. Ticket Submission
In the event of an Incident, End User shall notify Omilia through raising a support ticket from the OCP support page, including a reasonable description and the severity level based on the Severity Levels below. Omilia shall respond to the notice and assign resources to Resolve the Incident in accordance with the Response Times set forth below. Omilia has the right to adjust the Severity Level of any Incident at any time.
5.6. Response Times
The following specifies the level of response that will be given to an End User issue at each step of the process based upon the adjusted Severity Level of the Incident. Response shall meet the following standards:
|Severity Level||SLA for Response & Confirmation|
|4||2 business days|