Service Level Agreements
Replicated Support and Maintenance Policy
1) GENERAL. This Support and Maintenance Policy describes Replicated’s Support and Maintenance Services and relevant service levels which will be provided to Replicated customers purchasing a subscription license to the Replicated Solution(s). Standard Support and Maintenance Services are available at no additional charge with the purchase of a subscription to the relevant Solution during the relevant Subscription Term and service levels to be provided will depend on the subscription tier purchased. All capitalized terms used herein shall have the meaning set forth in the Agreement, unless otherwise defined in the last section of this Support Policy.
1) CERTAIN DEFINITIONS:
"Business Hours" means Replicated standard business hours are 7 a.m. – 7 p.m. PST (“Business Hours”) on Monday- Friday, except standard Replicated Standard Holidays, provided that in some cases support shall be provided outside of Replicated standard Business Hours as identified below (see below exceptions where support is provided on a 24 x 7 x 365 basis).
"Confirmed Error" is defined as any failure of the Solution to meet Replicated’ specifications for the Solution outlined in the relevant Documentation.
"Replicated Distributed Software" or "Distributed Software" means the Replicated provided components of the Solution which may be packaged with the Customer Application for distribution to Client environments.“Replicated Platform” or “Platform” or “SaaS Services” means the hosted platform component(s) of the Solution(s) licensed by Customer under an Order which are hosted by or on behalf of Replicated and made accessible to Customer on a software-as-a-service (SaaS) basis in connection with Customer’s access and use of the relevant licensed Solution. For clarity, the definition of Replicated Platform shall include any Updates of the Replicated Platform that may be made available to Customer by or on behalf of Replicated during the Subscription Term as part of Support and Maintenance Services.
“Replicated Standard Holidays” means New Years Day (January 1st), Martin Luther King Jr. Day (third Monday of January), Memorial Day (last Monday of May), Juneteenth (June 19th), Independence Day (July 4), Labor Day (first Monday of September), Thanksgiving Day (fourth Thursday in November), day after Thanksgiving Day, Christmas Day (December 25), and day after Christmas Day (December 26).
“Availability “of the Replicated Platform is calculated as follows: ([# of minutes in month]-[# of minutes per month the Replicated Platform is Unavailable])/ [# of minutes in month].
“Unavailable” means the Replicated Platform is not available for Customer User access and use through Customer’s Internet connection, excluding unavailability of the Replicated Platform due to: (a) scheduled or emergency maintenance, (b) outages of third-party connections or utilities, (c) circumstances beyond the Replicated’ reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or Internet service provider failures or delays, or denial of service attacks, or delays involving hardware or software or power systems not in Replicated reasonable control, and (d) any of the limitations/exclusions on services described in section 9 below.
"Business Hours" means Replicated standard business hours are 7 a.m. – 7 p.m. PST (“Business Hours”) on Monday- Friday, except standard Replicated Standard Holidays, provided that in some cases support shall be provided outside of Replicated standard Business Hours as identified below (see below exceptions where support is provided on a 24 x 7 x 365 basis).
"Confirmed Error" is defined as any failure of the Solution to meet Replicated’ specifications for the Solution outlined in the relevant Documentation.
"Replicated Distributed Software" or "Distributed Software" means the Replicated provided components of the Solution which may be packaged with the Customer Application for distribution to Client environments.“Replicated Platform” or “Platform” or “SaaS Services” means the hosted platform component(s) of the Solution(s) licensed by Customer under an Order which are hosted by or on behalf of Replicated and made accessible to Customer on a software-as-a-service (SaaS) basis in connection with Customer’s access and use of the relevant licensed Solution. For clarity, the definition of Replicated Platform shall include any Updates of the Replicated Platform that may be made available to Customer by or on behalf of Replicated during the Subscription Term as part of Support and Maintenance Services.
“Replicated Standard Holidays” means New Years Day (January 1st), Martin Luther King Jr. Day (third Monday of January), Memorial Day (last Monday of May), Juneteenth (June 19th), Independence Day (July 4), Labor Day (first Monday of September), Thanksgiving Day (fourth Thursday in November), day after Thanksgiving Day, Christmas Day (December 25), and day after Christmas Day (December 26).
“Availability “of the Replicated Platform is calculated as follows: ([# of minutes in month]-[# of minutes per month the Replicated Platform is Unavailable])/ [# of minutes in month].
“Unavailable” means the Replicated Platform is not available for Customer User access and use through Customer’s Internet connection, excluding unavailability of the Replicated Platform due to: (a) scheduled or emergency maintenance, (b) outages of third-party connections or utilities, (c) circumstances beyond the Replicated’ reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or Internet service provider failures or delays, or denial of service attacks, or delays involving hardware or software or power systems not in Replicated reasonable control, and (d) any of the limitations/exclusions on services described in section 9 below.
3) SCOPE OF SUPPORT (DIRECT AND SECOND LEVEL SUPPORT). Replicated will provide support to Customer with respect to all components of the Solution, including first-line direct support relating to Confirmed Errors in the Replicated Platform and second-level support with respect to Confirmed Errors in the Replicated Distributed Software (including any Confirmed Errors reported to Customer by Customer’s Clients). For clarity, all support regarding the Solution, including any support of the Replicated Distributed Software shall be delivered to Customer directly and not to Customer Clients.
4) MAINTENANCE. Replicated will provide Customer with access to all error corrections, bug fixes, software updates and software upgrades to the Solution that are released during the relevant Subscription Term and made generally available to all other Replicated customers purchasing the relevant subscription to the applicable Solution (“Upgrades”).
(5) LOGGING A SUPPORT CASE; SUPPORT TICKETS. Customer may log, document and report any suspected errors or malfunctions of the Solution to Replicated via Replicated’ self-service support portal available through the Replicated Platform, provided if Replicated Platform is unavailable as a result of support issue, Customer may initiate support via email). Replicated will acknowledge the reported issue with a support ticket (“Support Ticket”) and make commercially reasonable efforts to assign appropriate resources to resolve any Confirmed Error. Replicated will provide Customer with a Support Ticket identifier that Customer may use to track the status of any Confirmed Error. The Support Ticket will remain open until confirmation is received that Customer is satisfied with the resolution or until a resolution is provided, whichever is earlier. Note: if confirmation is not received within 48 hours of Replicated’ last communication, the issue will be considered resolved. Customer shall work with Replicated and provide a reasonable description of the problem or error to Replicated’ support team so that Replicated may classify the error accordingly.
(6) CLASSIFICATIONS OF ERRORS. The classification of the Confirmed Error is dependent upon the severity of the issue (see descriptions and guidelines below) and although the proposed Severity Level is set by the Customer, the ultimate classification of the Confirmed Error will be as reasonably determined by Replicated based on various factors, including input obtained from the Customer and the Confirmed Error classification may be adjusted after a work-around is provided or identified. The following guidelines are relevant to the classification of the Confirmed Errors in the Solution:
Severity Level
Description of Confirmed Error
Replicated Platform
Replicated Platform
Description of Confirmed Error
Distributed Software
Distributed Software
Severity Level 1
Urgent - Critical Impact
Replicated Platform is completely unavailable and/or User(s) cannot access or use the Solution features or functionality due to a critical Confirmed Error.
Replicated Platform is completely unavailable and/or User(s) cannot access or use the Solution features or functionality due to a critical Confirmed Error.
Urgent - Critical Impact
Distributed Software as deployed in a production environment is completely inoperative or has critical failures in functionality
Distributed Software as deployed in a production environment causes Clients network to fail catastrophically (system down condition)
In each case above the Confirmed Error can be reproduced in more than one installation
Distributed Software as deployed in a production environment is completely inoperative or has critical failures in functionality
Distributed Software as deployed in a production environment causes Clients network to fail catastrophically (system down condition)
In each case above the Confirmed Error can be reproduced in more than one installation
Severity Level 2
High - Serious Impact
Replicated Platform is experiencing a significant loss or an entire loss of functionality of a primary feature of the Replicated Platform due to a Confirmed Error.
Confirmed Error that materially restricts the use of the Replicated Platform
Notable impacts to Customer business.
Replicated Platform is experiencing a significant loss or an entire loss of functionality of a primary feature of the Replicated Platform due to a Confirmed Error.
Confirmed Error that materially restricts the use of the Replicated Platform
Notable impacts to Customer business.
High - Serious Impact
Distributed Software as deployed in a production environment is experiencing a significant loss or an entire loss of functionality of a primary feature of the Distributed Software
Confirmed Error in Distributed Software materially restricts use or performance of the Client’s network
Confirmed Error in Distributed Software that renders the Distributed Software or Client network completely inoperative, but the Confirmed Error cannot be reproduced in more than one installation
Distributed Software as deployed in a production environment is experiencing a significant loss or an entire loss of functionality of a primary feature of the Distributed Software
Confirmed Error in Distributed Software materially restricts use or performance of the Client’s network
Confirmed Error in Distributed Software that renders the Distributed Software or Client network completely inoperative, but the Confirmed Error cannot be reproduced in more than one installation
Severity Level 3
Minor Impact
Partial loss of functionality of a non-significant feature of the Replicated Platform due to a Confirmed Error..
A documentation error.
Significant Cosmetic issues with user interface.
Minor impact to Customer business.
Any Confirmed Errors in a non-production environment.
Partial loss of functionality of a non-significant feature of the Replicated Platform due to a Confirmed Error..
A documentation error.
Significant Cosmetic issues with user interface.
Minor impact to Customer business.
Any Confirmed Errors in a non-production environment.
Minor Impact
Partial loss of functionality of non-significant feature of the Distributed Software in a production environment due to a Confirmed Error.
A documentation error
Any Confirmed Errors in a non-production environment.
Partial loss of functionality of non-significant feature of the Distributed Software in a production environment due to a Confirmed Error.
A documentation error
Any Confirmed Errors in a non-production environment.
Severity Level 4
Low
Minor cosmetic issues with user interface of Replicated Platform.
General questions involving Replicated Platform functionality.
Minor cosmetic issues with user interface of Replicated Platform.
General questions involving Replicated Platform functionality.
Low
General questions involving Distributed Software use or implementation or functionality.
General questions involving Distributed Software use or implementation or functionality.
(7) SERVICE LEVELS. In connection with providing Customer technical support, Replicated agrees to meet the following service levels and response times. Service levels to be delivered are dependent on the classification of the Severity of the issues raised, the subscription plan/tier purchased, the and if premium support offerings are paid for. Resolutions to Confirmed Errors can be delivered via fix or work-around and with respect Severity 3 and Severity 4 issues fix may be scheduled for future Updates as reasonably determined by Replicated.
Enterprise Plan
(Enterprise Tier SLAs)
(Enterprise Tier SLAs)
Business Plan
(Business Tier SLAs)
(Business Tier SLAs)
Builders Plan
(Builders Tier SLAs)
(Builders Tier SLAs)
Severity Level
Response Times
Efforts
Response Times
Efforts
Response Times
Efforts
Severity Level 1
2 Hours
(24 x 7 x 365)
(24 x 7 x 365)
Ongoing efforts
(24 x 7 x 365)
(24 x 7 x 365)
3 Hours
(24 x 7 x 365)
(24 x 7 x 365)
Ongoing efforts
(24 x 7 x 365)
(24 x 7 x 365)
N/A
N/A
Severity Level 2
4 Business Hours
Business Hour efforts or until resolved or downgraded
6 Business Hours
Business Hour efforts or until resolved or downgraded
N/A
N/A
Severity Level 3
6 Business Hours
as deemed appropriate by Replicated
1 Business Day
as deemed appropriate by Replicated
N/A
N/A
Severity Level 4
1 Business Day
as deemed appropriate by Replicated
2 Business Days
as deemed appropriate by Replicated
N/A
N/A
(8) UPTIME SERVICE LEVELS FOR SAAS SERVICES; SERVICE CREDITS. The uptime service levels identified below apply only to the extent Customer has purchased a subscription or credits (as applicable) to use the Solution identified.
a. Distribution Solution; Uptime Commitment. Subject to the terms herein, Replicated agrees to use commercially reasonable efforts to maintain 99.9% Availability of the Replicated Platform components of the Distribution Solution during each calendar month of the relevant Subscription Term.
b. Compatibility Matrix Solution; Uptime Commitment. Subject to the terms herein, Replicated agrees to use commercially reasonable efforts to maintain 99.9% Availability of the Replicated Platform components Replicated Compatibility Matrix Solution during each calendar month of the relevant Subscription Term. c.
c. Service Credits. Notwithstanding anything to the contrary, Customer's sole and exclusive remedy, and Replicated' sole and exclusive liability, in the event Replicated fails to meet the Availability target of 99.9%, shall be as follows: for each period of Unavailability lasting longer than one hour, Replicated will credit Customer 5% of Fees paid for the relevant Solution (calculated on a monthly service fee basis) for each period of 30 or more consecutive minutes of Unavailability; provided that no more than one such credit will accrue per day. Unavailability shall begin to accrue as soon as Customer (with notice to Replicated) recognizes that the Platform is Unavailable and continues until the Availability of the Platform is restored. In order to receive service credit, Customer must notify Replicated in writing within 24 hours from the time of Unavailability, and failure to provide such notice will forfeit the right to receive service credits. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) month of Fees in any one (1) calendar month in any event. Replicated will only apply a service credit to the month in which the incident occurred. Replicated’s blocking of data communications or other Services in accordance with its policies shall not be deemed to be a failure of Replicated to provide adequate service levels under this Agreement.
a. Distribution Solution; Uptime Commitment. Subject to the terms herein, Replicated agrees to use commercially reasonable efforts to maintain 99.9% Availability of the Replicated Platform components of the Distribution Solution during each calendar month of the relevant Subscription Term.
b. Compatibility Matrix Solution; Uptime Commitment. Subject to the terms herein, Replicated agrees to use commercially reasonable efforts to maintain 99.9% Availability of the Replicated Platform components Replicated Compatibility Matrix Solution during each calendar month of the relevant Subscription Term. c.
c. Service Credits. Notwithstanding anything to the contrary, Customer's sole and exclusive remedy, and Replicated' sole and exclusive liability, in the event Replicated fails to meet the Availability target of 99.9%, shall be as follows: for each period of Unavailability lasting longer than one hour, Replicated will credit Customer 5% of Fees paid for the relevant Solution (calculated on a monthly service fee basis) for each period of 30 or more consecutive minutes of Unavailability; provided that no more than one such credit will accrue per day. Unavailability shall begin to accrue as soon as Customer (with notice to Replicated) recognizes that the Platform is Unavailable and continues until the Availability of the Platform is restored. In order to receive service credit, Customer must notify Replicated in writing within 24 hours from the time of Unavailability, and failure to provide such notice will forfeit the right to receive service credits. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) month of Fees in any one (1) calendar month in any event. Replicated will only apply a service credit to the month in which the incident occurred. Replicated’s blocking of data communications or other Services in accordance with its policies shall not be deemed to be a failure of Replicated to provide adequate service levels under this Agreement.
(9) CUSTOMER OBLIGATIONS; DESIGNATED SUPPORT CONTACTS. When logging a support case, Customer shall provide all reasonably requested information available to it to help Replicated identify and resolve the issue, and Customer shall reasonably cooperate with Replicated’ technical support staff to provide the assistance needed to identify, classify and resolve the support issue. Customer shall appoint up to five (5) individuals (or such other number identified in the relevant Order) who are knowledgeable in the operation of the Solution to serve as the designated Customer contacts with Replicated for support communications (“Designated Support Contacts”). All support requests made by Customer shall be initiated and communicated through the Designated Support Contacts. Customer may change its Designated Support Contacts from time to time as reasonably needed to accommodate staffing changes, etc. Customer may not share login passwords or other benefits of Replicated’ Support and Maintenance Services with any other persons, nor use Upgrades furnished to Customer hereunder for any other product or on behalf of any third party.
(10) LIMITATIONS/EXCLUSIONS. Notwithstanding any of the forgoing, the following limitations apply with respect to Replicated’ obligations in this Support and Maintenance Policy. Replicated is only responsible to provide support directly to Customer (and not to Customer Clients) and support shall be delivered only to Customer Designated Support Contacts with the Support and Maintenance Services described herein. The service levels described herein apply only to Confirmed Errors found in production uses of the Solution. Replicated shall not be responsible for any errors in Solution that cannot be reproduced by Replicated on unmodified versions of Solution. Replicated shall not be responsible for errors found in or caused by: (a) third party software, firmware, hardware not supplied by Replicated, or for information or memory data contained in or stored on third party products or services, or (b) for integrations or linkages or technical interfaces with third-party data providers that are not in Replicated control, or (c) changes to internal client security policies that adversely affect the Solution, or (d) browser or operating system changes outside of Replicated control; (e) any non-conformance caused by unauthorized, misuse of the Solution(s), (f) use of the Solution(s) not in accordance with the Documentation, or in violation of the terms of use identified in the Agreement, or use other than for the specific purpose for which the Solution(s) was designed, or (g) failures due to Customer, Customer Affiliates or Customer’s Users, or their respective network, connections, infrastructure, equipment or hardware, or (h) use of Solution on unsupported platform, software, equipment, hardware, or devices or (i) modifications or alterations to the Solution not provided by Replicated or its agents, or (j) Customer’s use of unsupported prior versions of the Solution. For clarity, Replicated’ support obligations stated herein shall apply only to the most current release of the Solution and the prior releases for up to six (6) months from the release of the latest release. Additionally, support does not include on-site support, training, implementation or any other consulting services which may be separately purchased under a statement of work.
(11) OBLIGATIONS WITH RESPECT TO OPEN SOURCE DELIVERED TOGETHER WITH THE SOLUTION. With respect to any Third Party Open Source delivered to Customer together with the Solution and any errors identified by Replicated or Customer with respect to such Third Party Open Source which are not caused by Confirmed Errors in the Solution, Replicated agrees to use reasonable commercial efforts to: (a) identify the source of the error and (b) work with Customer (and where practical the Third Party Open Source licensor) to find a mutually agreeable resolution. As part of such efforts, Replicated may (i) submit a fix to the Third Party Open Source licensor for consideration, (ii) provide a work around or circumvention that solves the issues being experienced with such Third Party Open Source; (iii) suggest use of older or different versions of the Third Party Open Source that do not cause the error; and/or (iv) explore other replacement Third Party Open Source or technology to replace the non-functioning Third Party Open Source; or (v) resolve the issue with Customer in some other manner that is mutually agreed by the parties.
(12) CHANGES. Replicated may make changes to this policy with thirty (30) days’ notice to Customer (via the support portal or otherwise), provided such change is in connection with a standard change made to its then-current standard support and maintenance terms and there is no material degradation of the support offering.