Exhibit D – Service Level Addendum
SERVICE LEVEL ADDENDUM
“Availability” shall mean the portion (in percentage terms) of Scheduled Uptime that the Services are actually Available for Use.
“Applicable Service Level Period” means the period during which Jugo is providing Services, as calculated on a monthly basis.
“Available For Use” shall mean that all of the supported functions and features of the Services are capable of sending and receiving data to and from the Internet.
“Scheduled Uptime” shall mean the Applicable Service Level Period.
“Time Unavailable” shall mean any period of time during the Applicable Service Level Period that the Services are not Available For Use. Time Unavailable shall not include the aggregate amount of time during which the Services are not Available For Use due to:
a) Scheduled maintenance, provided that such scheduled maintenance occurs during scheduled maintenance windows, currently between the hours of Friday 8:00 pm and Sunday 5:00 pm, Eastern US Time (the “Scheduled Maintenance Windows”);
b) Jugo may perform any reasonably required, emergency maintenance work outside of the Scheduled Maintenance Window with one (1) hour prior electronic mail or other notice to Customer;
c) Interruptions in Third Party networks that prevent Internet users from accessing the Services, provided that the Data Center is served by redundant connections to the internet from multiple internet service providers;
d) Interruptions in utility service;
e) Acts outside of Jugo’s control, including, but not limited to, (i) other activities Customer directs, (ii) changes resulting from government, political, or other regulatory actions or court orders, and (iii) Force Majeure Events, provided that Jugo has taken commercially reasonable precautions to minimize the potential impact of such Force Majeure Events; or
f) Customer’s lack of availability to respond to incidents that require Customer’s participation for resolution or failure to support, repair or replace any Customer supplied equipment.
Jugo will provide no less than ninety-nine point nine percent (99.9%) application Availability during the Applicable Service Level Period.
Service credits will be calculated as a prorated amount for the portion of the unplanned downtime multiplied by the monthly cost of the service for the unplanned downtime up to a maximum of 5% of the monthly cost.
Business Support Hours
5 Business Days a week, 3:00am – 8:00pm, Monday – Friday Eastern Time.
Table 1: Service Level Matrix
|Category||Component||Measurement Factor||Performance Requirement|
|Support (chat/ email)||Availability||Support business hours: 5 Business Days a week, 3:00am – 8:00pm Eastern Time.||3:00am – 8:00pm Eastern Time, Monday-Friday|
|Problem Resolution||Severity Level “Critical”
(please refer to the Severity Level Definitions
|100% of cases will be responded to within 30 minutes of the Customer logging the ticket to Jugo Help Desk. Solution or workaround will be deployed as soon as available using reasonable endeavours and may be deployed as unplanned downtime immediately.||100% will be responded to within 30 minutes of a ticket being logged.|
|Severity Level “High”
(please refer to the Severity Level Definitions Table for description)
|100% of cases will be responded to within 1 hour of the Customer logging the ticket to the Jugo Help Desk. Solution or workaround will be deployed within three (3) Business Days or within the next suitable maintenance window.||100% will be responded to within 1 hour, deploy within three (3) Business Days.
|Severity Level “Low”
(please refer to the Severity Level Definitions Table for description)
|100% of cases will be responded to within 24 hours of Customer logging the ticket to the Jugo Help Desk. Solution or workaround will be deployed on case-by-case basis.||100% will be responded to within 24 hours deploy on a case-by-case basis|
Credits will be calculated as a prorated amount for the portion of the unplanned downtime multiplied by the monthly cost of the service for the unplanned downtime up to a maximum of 5% of the monthly cost.
Severity Level: Severity Levels are assigned according to the following descriptions:
|Severity 1 (Critical)
|The Jugo platform and service are Not Available for Use or critical functionality cannot be accessed and there is no viable work around.
|Severity 2 (High)
|Services are accessible but some features are not working as described or there is a severe product defect but there is a viable workaround.|
|Severity 3 (Low)||Services are accessible but there are misspelled words, incorrect grammar or other minor flaws not covered in the Critical or High service levels.
“Authorized Contact” means the individual designated by Customer to be responsible for contacting Jugo’s support organization.
|Authorized Contact #1||Authorized Contact #2|
Jugo will provide 24/5 support including technical consultation and advice. Services will be supported between the hours of 3:00 a.m. and 8:00 p.m., Eastern Time, Monday through Friday, excluding holidays. Response times are based upon severity of the problem.
Email & Chat Support. Jugo will respond to email messages and chat messages sent to Jugo by Authorized Contacts during support hours. Unless otherwise specified and agreed with the Jugo support team, issues will be treated with a default level of Severity 3 (Low). Email for support is firstname.lastname@example.org
a) Problem Classification. The Severity Level Descriptions table definitions are used for classifying Customer’s issues. These classifications ensure consistent treatment of problems handled by support. The support engineer handling the case will work with Customer to establish what severity should be assigned.
b)Response Expectations. In the event that an error is discovered that causes the Services not to operate in conformance with expectations, Customer shall notify Jugo in writing (email) of the error (including a reasonable description and the severity level based on the Problem Classification Table). Jugo shall respond to such notice and will make reasonable efforts to assign engineers to resolve problems at the level of effort indicated by the Response Expectation table. If unspecified by Customer, new cases will be set to Severity 3 (Low) until a clearer determination can be made.
The following Response Expectation table specifies the level of response that will be given to a Customer issue at each step of the process based upon the assigned severity of the problem. The table specifies the maximum amount of time elapsed to complete each step.
a) Step 1 – represents the time frame following Customer notifying Jugo of a problem via logging a ticket in which Customer will receive an acknowledgment of the problem and the beginning of information gathering and the trouble-shooting process.
b)Step 2 – represents the time frame in which the problem will be actively addressed, and a patch, correction, or workaround is identified. The goal will be to provide a fix or a workaround for a problem as soon as possible using reasonable endeavours. Critical issues will be worked on continually until a satisfactory problem resolution can be reached.
c) Step 3 – represents when a permanent solution will be available. This may be in the form of a tested permanent patch or a completely new release depending upon the specific problem requirements and timetable.
Response Expectation Table:
|Response Classification||Step 1||Step 2||Step 3|
|Within 8 hours and will continue 24/7 until resolved
|Deploy solution as Emergency Maintenance.|
| 1 hour
|Within 3 Business Day||Deploy solution within three (3) Business Days or next suitable maintenance window.|
|24 business hours||Within 5 Business Days||Deploy solution on a case-by-case basis|
c) Escalation Process. All new cases will initially be taken and handled by the Support Agent at the time of the ticket being logged. All problems with a Severity 1 (Critical) to Severity 3 (Low) classification will be escalated if a solution or plan of resolution cannot be achieved within the designated amount of time described below. To ensure that progress can continue, if the Customer has Severity 1 (Critical) issues, it must provide Jugo with a highly available contact during this period that will assist the support and development organizations with data gathering, testing, and applying all fixes to the Services. If Jugo cannot duplicate the problem in-house, then Jugo Support may request access to Customer’s computing environment and building access as necessary.
Support management will be made aware of issues according to the timeframes set forth below in the escalation table.
|Elapsed Time||Severity 1
|4 hours||VP Technology/CTO||Support Lead||—|
|8 hours||Customer Success Manager||—|
|16 hours||VP Technology/CTO|
|24 hours||President / CEO||Support Lead|
Elapsed time represents the number of hours that have passed since the issue was first opened by Jugo Support.
Jugo will provide to Customer on a quarterly basis with reports detailing monthly routine maintenance activity and SLA performance summary. These reports will be provided to Customer not later than the fifteenth (15th) business day of the first month of the following quarter.