Element451 Service Level Agreement
Updated February 29, 2024
1. System Performance and Compatibility
The Element451® system shall work with most internet browsers that support modern web standards and on all devices that support such browsers (including tablet and mobile phone devices running Android, iOS, Microsoft Mobile). At present, we believe that Google Chrome offers the best support for Web Standards and is therefore our recommended browser.
Element451® offers an unlimited number of college/university users and administrators the ability to deploy communications and collect information, to serve the purpose of recruiting potential students for the college/university. The tiered pricing structure set by the Company is based upon number of student applications.
All vanity uniform resource locators (URLs) created as part of the Element451® installation shall be Client property and shall be registered in Client’s name.
2. Availability Commitment: 99.9% Uptime
The Company will use commercially reasonable efforts to make the Services available with a Monthly Uptime Percentage of at least 99.9 percent during each calendar month, subject to the SLA Exclusions.
Definitions
“Maintenance” refers to scheduled Unavailability of the Services, which, except in the case of emergencies, shall occur between the hours of 10:00 pm and 7:00 am EST.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“SLA Exclusions” refers to any unavailability of Services, or any other Services performance issue that results from: Maintenance; a suspension of Services in accordance with the Agreement; factors outside of Company’s reasonable control, including any Force Majeure Event, Internet connectivity issues, or problems beyond the demarcation point of the Element451® network; and/or failure, interruption, outage, or other problem with any equipment, software or other technology of Client or any third party (other than third party equipment, software or technology within our direct control).
“Unavailable” and “Unavailability” refer to the times when the Services are not available for access and use (this excludes websites and applications that are unreachable or not running because the client/user, disabled or changed the configuration such that it was not accessible).
3. Service and Support Commitments
Client is responsible to provide a reasonably detailed description of the issue and browsing environment, in order for the issue to be resolved in a timely manner. Failure to do so may result in extended resolution times.
Support claims will be segmented based on severity level, and response time will depend on which category the claim falls into as outlined below.
Company reserves the right to change the severity level reported by Client in either direction, in order to properly resolve the issue.
Company will provide support between the business hours of 9:00 AM and 5:00 PM Eastern Standard Time on Company’s normal business days. This includes telephone and email customer service support to assist Client in resolving problems, obtaining clarification relative to our services and reporting suspected defects or errors in our services.
The Company will diligently work for the prompt resolution of defects and errors in the Services, and will respond to Client by using a dedicated contact telephone number or email address for each support call.
In the case of a system outage condition attributable to the Company, Company may utilize other means of communication for reporting of errors and conditions.
Company will respond to and complete correction of errors, defects, and malfunctions, in accordance with the following schedule:
Severity 1:
Causes data corruption or system crash, or Client cannot make effective use of Company services
Severity 2:
Feature does not work as documented, no reasonable solution exists, and Client has a critical need for the feature
Severity 3:
Feature doesn’t work as documented but a reasonable solution exists or Client can wait for the next release for a fix
Severity 4:
Enhancement request
Company will make an initial response to a Severity 1 issue within two hours of notification by Client to Company during Company’s normal hours of support. Severity 1 calls will be handled on a 24-hour, 7-day per week schedule. Company will use reasonable efforts to provide a fix, solution, or to patch Severity 1 bugs within twenty-four hours of the bug’s replication and confirmation by Company.
Company will make an initial response to Severity 2 issues within four hours of notification by Client to Company during Company’s normal hours of support. Company will make reasonable efforts to provide a fix or solution for Severity 2 bugs within three business days.
Company will make an initial response to Severity 3 issues within twenty-four hours of notification by Client to Company during Company’s normal hours of support. Company will make reasonable efforts to identify a resolution to Severity 3 bugs within thirty days and to incorporate Severity 3 fixes in the next upcoming release of the product.
Company will make an initial response to Severity 4 items within five business days of Company’s receipt of written request. Severity 4 issues will be dealt with on a case-by-case basis.
Company reserves the right to decline to make enhancements in its sole discretion.
Client agrees to appoint one person as main point of contact for the communication of bugs and errors to Company and for the receipt of bug and error fixes, workarounds and updates, if any. Additionally, Client may appoint another person as a backup of the principle contact.
Service Contact Information and Hours of Support:
Regular: Monday through Friday, 9am to 5pm EST
Extended for mission critical items: Monday through Friday: 8am to 10pm EST.
