Service Level Agreement

Service Level Agreement

This Service Level Agreement (“SLA”) describes the levels of support and uptime which EasySend Ltd.  (“EasySend”) provides to customers in respect of the use of its digital customer engagement and management platform (“Platform”). This SLA is subject to the EasySend Platform Subscription Agreement (“Subscription Agreement”) entered into with EasySend and you or the entity you represent (“Customer”).

1. Uptime Commitment

EasySend makes reasonable efforts to ensure an Uptime (defined below) of 99% for the Platform. 

“Uptime” means the total amount of minutes the Platform is available for access and use during a given year, and the Uptime percentage may be calculated as follows: 

(The total minutes in the measured period – Downtime (defined below)) / Total minutes in the measured period x 100.

“Downtime” means the total amount of minutes the Platform is not available for access and use during a measured period. Downtime of the Platform due to, or in the following circumstances, shall not be deemed “Downtime” for the purpose of calculating Uptime (“Permitted Downtime”):

• Scheduled Downtime – EasySend will notify customer by email of scheduled Downtime at least one (1) week in advance. 
• Regular Maintenance – The Platform may be unavailable during standard maintenance windows of up-to 5 hours occurring between the hours of Saturday 00:01am – Sunday 23:59pm EST, or other standard maintenance windows which EasySend may publish on the Customer Portal (defined below). EasySend will make commercially reasonable efforts not to change the standard maintenance windows more than twice per six-month period unless it has provided Customer with at least one (1) week advance notice of the change.
• Negligible Downtime – Downtime which occurs for less than five minutes at a time, provided such Downtime does not repeat such that, in the aggregate, it amounts to more thirty (30) minutes within any twelve (12) hour period.
• Partial Unavailability – inability of only particular users to access or use the Platform, or Errors (defined below) which affect performance but the Platform remains operational. For EasySend’s commit to respond to and resolve such problems, please see Section ‎4 (Response Commitments) below. 
• SLA Exclusions – Downtime described or resulting from causes described in Section ‎7 (SLA Exclusions) below, for example, Downtime caused by customer failures, customer integration failure, third parties, force majeure, etc.

2. Customer Portal‍

EasySend makes available an online customer portal and knowledge base (“Customer Portal”) at https://easysend.force.com/ . The URL for the Customer Portal may change from time to time. Customers will be notified of such change either by email (to the email provided, if any) or by notice on EasySend’s website. Customer Support tickets (defined below) may be submitted through the Customer Portal.

3. Support Emergency Hotline‍

Customer should submit all Support tickets via the Portal, and the customer may also contact EasySend with a notification regarding an Urgent severity incident by calling the Easysend Emergency Hotline at ______________, 24 hours a day Monday through Friday, stating the number of the reported ticket.

4. Response Commitments‍

“Errors” refer to errors in the functioning of the Platform or failure of the Platform to perform in accordance with then-current specifications published by EasySend, excluding the SLA Exclusions defined in Section ‎7 below. 

Customers may report and request resolution of Errors by opening a ticket through the Customer Portal (“Support Tickets”). EasySend will make commercially reasonable efforts to respond to Support tickets for the applicable Error within the following times:

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5. Version Updates‍

EasySend regularly updates and improves the performance of the Platform. This may involve updated code or software for use by customers. Customer is responsible for using and implementing all updates, modifications, enhancements, new code, scripts or software provided or made available by EasySend (“Updates”). While EasySend will may send Customer notice of such Release Notes / Updates. Customer is responsible for regularly visiting the Customer Portal in order receive the latest Updates.

6. Customer Obligations‍

Customer shall cooperate with, and follow instructions of, EasySend in order to reproduce, troubleshoot, and resolve any Errors. Such cooperation may include permitting EasySend to remotely access Customer’s computer from which the Error is identified.

7. SLA Exclusions‍

Errors or Downtime caused by the following shall not be deemed to be, Downtime or Errors under this SLA (collectively, “SLA Exclusions”), and EasySend shall not be liable or responsible to perform any support obligation, for any such Downtime or Errors:

• Service Provider Failure – acts, omissions or failures of third parties such as cloud hosting providers, internet service providers, or telecommunications providers or their products, services, or infrastructure. EasySend currently uses Heroku and AWS as its cloud hosting providers. However, EasySend may use other reputable service providers in the future, such as (without limitation) Microsoft Azure or Google Cloud.‍
• Customer Failure – Downtime or Errors particular to the Customer such as Customer’s failure to provide correct credentials or Client security, Customer integration failure, firewall settings, failure of the Customer to install or use Updates, any suspension of access by EasySend (as described in the Subscription Agreement) failure of Customer to cooperate with or follow the instructions of EasySend, the combination of the Platform with any third-party product or service, use of the Platform in violation of the Subscription Agreement, failure by Customer to fulfill its obligations under the Subscription Agreement, or any abusive actions by Customer’s end users.
• ‍Reproduction Failure – Errors or unavailability which cannot be reproduced by EasySend despite following Customer’s reasonable instructions and making reasonable efforts to reproduce the problem.
• ‍Beta Features –Errors or unavailability or inability to use or access features or functionality of the Platform which have been labeled as “beta”, “alpha”, “testing”, “preview”, or similarly designated versions.  ‍
• Force Majeure – any events outside the reasonable control of EasySend, such as fire, flood, act of God, acts of government, an act or omission of civil or military authority of a state, electrical outages, network failures, strike, lockout or other labor problem, failures of subcontractors or suppliers, or by war, riot, embargo or civil disturbance, breakdown, instances of hacking into or malicious attacks on EasySend or its third party service provider, or other instances or event which might reasonable be deemed to constitute force majeure, 
  

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8. Modifications‍

This SLA is the version in force as of January 1st, 2020. It is subject to change at any time, provided that the levels of service and support do not materially decrease. EasySend will send Customer notice of the updated SLA at least four (4) weeks in advance before the changes to the SLA take effect.