Definitions
All terms defined in this SLA shall have the meaning set out in the Terms and Conditions, unless defined otherwise below.
| “Bug” | means an unwanted or unintended property of the Services that can be reproduced and causes the Services to malfunction but does not affect the availability of the Services; |
| “Business Day” | means Monday to Friday excluding any national holiday in the UK; |
| “Business Hours” | means 9.00 am to 5.30 pm in the UK; |
| “Emergency Maintenance” | means maintenance, upgrades, Updates, repairs to hardware and software related to resolving immediate problems causing instability in the Services; |
| “Incident” | means a malfunction of the Services which can be reproduced, is not a Bug and whose root cause is found in the hosting service, network, hardware or third party software components; |
| “Planned Maintenance” | means maintenance, upgrades, Updates, installation of new versions and repairs which are non-critical and not urgent, to hardware and software; |
| “Release” | means a modification in the functionality of the Services which results in a change in the version number set out in the SLA; |
| “Updates” | means any new or updated applications services or tools (including any software programmes) made available by ProFundCom as part of the Services. |
- HOSTING SERVICES
Hosting services shall include hosting of the Services together with related components and Client owned content as set out below.
1.1 Availability
ProFundCom will use commercially reasonable measures in terms of redundancy, monitoring and platform management to make the Services available 99.5% via the Internet 24 hours a day 7 days a week during Business Hours. Availability shall be measured annually, and the items set out in clause 7 of this SLA and all Planned Maintenance shall be excluded from the calculation of availability of the Services.
- SECURITY
The infrastructure and security provided by ProFundCom and the data centres it uses to provide the Services is set out in more detail in the DPA.
- SUPPORT SERVICES
Support services shall include maintenance of the Services and Client platform including corrective maintenance and enhancements and a customer support service for the Services and Client platform as set out below.
3.1 Scope of Support Services
Maintenance and support services shall not be provided for issues arising from: (i) modifications, alteration or configuration of any of the Services by the Client or a third party that has not been authorised in writing by ProFundCom and/or (ii) technology or IPR that has not been provided by ProFundCom pursuant to the Agreement.
3.2 Problem Notification
ProFundCom provides support services from a UK centre which is available to named support users agreed between the parties from time to time. Support services are provided in English.
Problems may be reported via the helpdesk at https://support.profundcom.net.
3.3 Problem Acknowledgement
Upon receipt of a problem notification ProFundCom shall respond to the Client, within the time frame set out in clause 4.2 of this SLA as applicable, based on the severity and type of problem. Such response shall specify the severity level and type of problem.
3.4 Support Hours
ProFundCom offers support for the Services during Business Hours on Business Days in English.
- PROBLEM RESOLUTION
Problems with the Services will be dealt with in accordance with their level of severity. The time frame in which problems will be resolved will depend upon whether they are classified as a Bug or Incident as set out below.
4.1 Problem Severity Classification
| Severity | Description |
| Critical | A problem is classified as critical if the Services are not available at all. For example the Services are unusable. |
| Serious | A problem is classified as serious if a time-critical, business function is out of action or malfunctioning. For example there is a partial failure of the Services with a critical effect on the Service with no circumvention/alternative approach suggested until resolution. |
Minor | Any problem which is not critical or serious. |
4.2 Response and Target Resolution Times
| Severity | Response Time | Target Resolution Time for Incidents | Target Resolution Time for Bugs |
| Critical | Within 1 Business Hour | Within 8 Business Hours | Within 90 Business Days |
| Serious | Within 4 Business Hours | Within 2 Business Days | Within 120 Business Days |
| Minor | Within 2 Business Days | Within 14 Business Days | Next Release |
- MAINTENANCE SERVICES
5.1 Releases
Releases will contain new or amended features. There may be some need for configuration and additional user training in order to obtain the maximum benefit of the new features. Releases do not significantly impact the existing technical setup of the Client or training materials. Releases are numbered as follows: 3.1, 3.2, 3.3, etc.
All releases are penetration tested by an external third party provider.
5.2 Patches
Patches provide Bug fixes, performance and SLA improvement. Such features and functionality do not impact the current configuration of the Client, nor require additional training.
Patches are deployed as required for all Clients of a given release. Deployment usually takes place during low system traffic time. The deployment is usually 100% automatic. All existing setup and data will remain unchanged. No user or administrator intervention is required. No manual intervention of the Client administrator is required.
5.3 Planned Maintenance
ProFundCom usually carries out Planned Maintenance in a maintenance window from 10.00 pm to 7.00 am UK local time. If Planned Maintenance is to be performed outside of these windows ProFundCom shall give the Client at least 6 Business Hours prior notice.
5.4 Emergency Maintenance
ProFundCom shall where possible, provide the Client with prior notice of Emergency Maintenance. However, work may commence at any time and shall continue until completed. ProFundCom shall attempt but cannot guarantee scheduling Emergency Maintenance during non-Business Hours.
- CLIENT’S OBLIGATIONS
The Client has the following obligations under this SLA:
- To provide access to a computer system capable of running the TCP/IP network protocol and an Internet web browser and uses a web browser that supports JavaScript;
- To provide all suitable hardware and software and telecommunications equipment required for accessing the Services;
- Responsibility for the network connection between the ProFundCom’s hosting centres and the Client’s premises (backend) connection to a telecommunications network;
- To inform ProFundCom without delay of any problems with the Services;
- To purchase upgrades for its own software, if necessary, for the error free operation of its own software with the Services;
- To check its systems for the most commonly known worms and viruses;
- To have a current virus scanner installed for each Client system accessing the Services.
- LIMITATION OF LIABILITY
ProFundCom shall not be liable for, and shall have no obligation to fix, any errors, Incidents, problems or Bugs or any lack of availability of the Services caused by the following:
- Any breach of the Client’s obligations set out in clause 6 above;
- Use of services, hardware, or software not provided by ProFundCom, including, but not limited to, issues resulting from inadequate bandwidth, unavailability of telecommunications, faults or omission of ISPs, lack of connectivity or other issues related to third-party software or services;
- Use of the Services on a system not supported by ProFundCom or specifically agreed in writing in the Agreement;
- Interconnection of the Services with other software products not supplied by ProFundCom except as expressly agreed in writing in the Agreement;
- Any DNS issues not within the direct control of ProFundCom e. a fault on the Client’s network or own equipment configuration;
- Problems or errors that occur while ProFundCom is waiting for the Client to provide information to enable it to rectify a fault or restore the Services;
- Use of the Services after ProFundCom advises the Client to modify its use of the Services, if the Client did not modify its use as advised;
- The Client’s unauthorized action or lack of action when required, or from its employees, agents, contractors, or vendors, or anyone gaining access to ProFundCom’s network by means of the Client’s passwords or equipment, or otherwise resulting from the Client’s failure to follow appropriate security practices;
- The Client’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or its use of the Services in a manner inconsistent with the features and functionality of the Services (for example, attempts to perform operations that are not supported) or inconsistent with ProFundCom’s published guidance;
- Faults caused by the Client’s management or connection to the Services;
- Faulty input, instructions, or arguments (for example, requests to access files that do not exist);
- Use of features of the Services that are outside of ProFundCom support windows;
- The Client failing to take part in training offered by ProFundCom , necessary for use of the Services;
- Attempts to perform operations that exceed prescribed quotas or that result from ProFundCom throttling of suspected abusive behaviour;
- Any Services not paid for at the time of any Incident;
- Force Majeure.