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IndiVideoTM Service Level Agreement

Standard Terms:

Definitions

Except as otherwise modified or defined herein, all capitalized terms in this IndiVideo Service Level Agreement have the same meanings as set forth in the General Terms and Conditions and the applicable Product Exhibit (collectively, “Agreement”).

Service Description and Host Provider

The IndiVideoTM Service, will be provided twenty-four (24) hours per day, seven (7) days per week in accordance with the Service Levels set out below.

The Customer acknowledges that the IndiVideoTM  Service is hosted on the Microsoft Azure Platform and is subject to the terms and conditions of Microsoft for the Third-Party Services, found at: https://azure.microsoft.com/en-us/support/legal/

Service Levels

Automatic Updates: Automatic updates to the Service shall occur periodically on the third Wednesday of each month between 22:00pm and 2:00pm EST and will result in a planned outage of the Service of less than 5 minutes. Notification of Automatic Updates will not be provided to Customer.

Planned Service Outages: Customer will be provided with no less than twenty-four (24) hours advanced notice for Planned Service Outages not inclusive of Automatic Updates. All Planned Service Outages shall occur between 9:00pm and 2:00am EST. Customer will be provided with at least forty-eight (48) hours advanced notice for Planned Service Outages occurring outside of this timeframe.

Un-Planned Service Outages: When the Service Outage will exceed five (5) minutes, BlueRush will give as much prior notice as possible for the Un-Planned Service Outage including emergency or critical issues.

Service Uptime: Outside of Planned Service Outages and Automatic Updates, the Service shall have an availability of ninety-nine point five percent (99.5%) in an annual billing cycle.

Support Services

Contact and Response Times: Only Customers who have paid for the applicable Service may contact the Support desk. Customer’s designated and named representatives may contact BlueRush Monday-Friday (excluding statutory holidays) between the hours of 9am and 5pm Eastern Time via any of the following:

  • BlueRush helpdesk:
  • Email: info@bluerush.com
  • Phone: (416) 203-0618 ext. 3

Technical Response Times: BlueRush will provide a technical response to a service request received from the Customer. The time allocated to delivery of the technical responses shall be measured from the time of receipt of the relevant service request by BlueRush during Support Hours. On receipt of the service request, the service request will be assigned a “Category” where the Category is a measure of the severity of the situation. The “Technical Response Time” will depend on the Category as outlined in the following table:

Priority

Definition

Example Events

Response Times

0 – Mission Critical

A mission critical event is one that results in the complete inability for end users to view videos through the platform.  

1.     Video displays an error message when embedded on a webpage.

2.     Production video not loading, or loading in over 60 seconds.

3.     Recipient data hosted by BlueRush is not loaded into the video, resulting in incorrect or missing personalization of videos

Within 1 hour, 24X7

1 – Severe Business Impact

Severe business impact occurs when a key function or feature of the Service is inoperable and further operation on the platform cannot proceed until such issue(s) is resolved. Usage of the platform is not at all possible, or some end-user functionality is not working properly though end users are still able to view videos through the platform in the event of a Severe Business Impact.

 

1.     In certain cases, recipient data is not loaded into the video.

2.     User cannot login to the portal or extension

3.     Nothing is displayed when user attempts to login to the portal

4.     APIs do not work

5.     Automations and integrations to not work

Within 2 hours during support desk hours.

2 – Business Impact

Some function of the Service is unavailable and further operation of that specific function cannot proceed, but operation of other functions can proceed while resolution of the affected function is addressed

1.     Videos cannot be deployed from the Adobe extension

2.     New videos cannot be created from templates

3.     Videos cannot be edited or saved

4.     Analytics cannot be viewed

5.     Projects cannot be promoted.

6.     New 1:1 video cannot be created.

Within 8 hours during support desk hours.

3 – Usability Impact

While a function of the Service is operable, the operation is inconsistent with the Service Levels and the inconsistency involves a material failure to comply with specifications for the same.

1.     Personalized data formatting is not proper (capitalization, number currency formatting, etc.)

2.     Cannot navigate to projects normally within portal

3.     Projects cannot be shared

4.     Project transfer not working as designed

5.     Templates cannot be previewed

Within 12 hours during support desk hours.

4 – Cosmetic or Feature Request

An issue which does not affect the functionality of the Service or requested features

1.     Video thumbnails do not display properly in portal

2.     Page display not proper on certain viewports (mobile, tablet)

3.     Typos

As BlueRush determines at its sole discretion

In the event that BlueRush does not provide a workaround or a correction in the allotted Technical Response Time for a Priority 1, 2 or 3 service request, BlueRush will continue to work to correct the issue each day during the week for a Priority 1 issue or during Support Hours for a Priority 2 or 3 issue. In the event that BlueRush provides a workaround, BlueRush will work to correct the issue as set out in the terms in the previous sentence until such time as a correction is provided. BlueRush will give updates to Customer as and when appropriate for the of the service request. BlueRush will work to resolve service requests on a ‘best-efforts’ basis at all times.

Penalty: The Customer agrees that in the event that BlueRush determines that Customer has misreported a Mission Critical service request, it shall be billed for any associated BlueRush expenses.

Escalation Process: To resolve Customer service requests as quickly as possible, BlueRush will use a three-level process based on the severity of the issue. Escalation up the technical support chain is BlueRush’ responsibility and will be initiated only when a service request has NOT been resolved within the Technical Response Time. The resolution process is described in the following matrix:

Escalation

Responsibility

Escalation times by priority level

 

 

 

 

 

0 – Mission Critical

1 – Severe Business Impact

2 – Business Impact

3 – Usability Impact

4 – Cosmetic or Feature Request

Level 1

Customer Support Personnel

1 hour

1 hour

1 hour

2 hours

2 hours

Level 2

Customer Support Specialist

1 hour

2 hours

2 hours

4 hours

24 hours

Level 3

Software Engineer

1 hour

4 hours

8 hours

12 hours

48 hours

  •  

Service Limits: BlueRush will not be responsible for:

  • Responding to requests for assistance for anyone other than Customer’s named and designated representatives.
  • Supporting any third-party software or services.

Exclusions: Neither Customer nor Reseller shall have any remedies under this SLA to the extent any SLA claim is due to:

  • Use of the Service outside the scope described in the Agreement.
  • Customer equipment, modifications of the Service made by any party other than BlueRush and/or third-party software or services.
  • Hardware or network infrastructure outside of BlueRush’s data center and not under the direct control of BlueRush.
  • Failure of Customer and/or Reseller to meet the configuration requirements for Customer equipment set forth in the Documentation.
  • A force majeure event.