Service level agreement

Level 1 – Critical: The Service is not functioning or is materially unavailable. The Service is not available to many Users, or the production system is down, or all features/functions are unavailable. For example: No course content is available, no Users can login, or the administrative interface is unavailable.

Level 2 – High: The LMS Service is functioning, but with significant impairment. The Service is not available to a significant proportion of Users or a major area of the Service is not functioning. For example: A department of Users cannot access the Service, the courses section of the administrative interface is unavailable, e-Commerce is unavailable, or new enrollments cannot be made.

Level 3 – Normal: The Service is functioning but with minor impairment. The Service is not available to a small proportion of Users, or a specific area of the Service is not functioning. For example: certificates are not displaying, an individual report is not accessible, or enrollment emails are not sending out.

Level 4 – Low: Any request that is not level 1, 2, or 3 is a severity level 4.

1. Customer may designate a limited number of Customer personnel (“Authorized Support Contacts”), for platform administration authorized by Customer to interact with Feaniks for platform support. Authorized Support Contacts must be full-time employees of Customer or contractors acting as full-time employees. The number of Authorized Support Contacts is limited to 10.
   1. Customer and Feaniks agree that Authorized Support Contacts must be trained on the Service prior to becoming an Authorized Support Contact. Training can be achieved either by (i) attending Feaniks offered training, or (ii) by “train the trainer” training provided by another Authorized Support Contract resource who has been trained on the Service.
   2. Feaniks retains the right to withhold support to untrained designated Authorized Support Contacts, which will not be unreasonably withheld.

1. Planned downtime, which may include but is not limited to software updates and hardware maintenance. Feaniks will provide seven (7) days advance notice for all planned downtime and shall schedule it to the extent practicable in order to minimize interruptions to the Service.
   1. For software updates, Feaniks will utilize Zero Downtime Deployment, during which Users may experience slight slowdowns. While it is not the intent, Feaniks reserves the right to make the Service temporarily unavailable in the event that an update cannot be completed with zero downtime.
   2. For hardware upgrades or maintenance, which may occur only as reasonably necessary, the Service will be unavailable for no more time than is required to perform the necessary work.
2. “Force Majeure Event(s)” is any failure or delay by either Party in performing its obligations under the Agreement provided that such failure or delay: (i) is not due to its own act, failure to act, negligence or willful misconduct, (ii) could not have been overcome by the exercise of due diligence by the non-performing Party, (iii) could not have been prevented by reasonable precautions of the non-performing Party (whether or not taken), (iv) could not have been avoided by the non-performing Party through the use of alternate sources, work-around plans or other means including but not limited to such non-performing Party’s compliance with its business continuity and disaster recovery plans, and (v) is caused by fire, flood, earthquake, elements of nature or acts of God, public utility or electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, imposition of martial law or any similar cause that is beyond the reasonable control of the non-performing Party;
3. Client’s acts or omissions including, without limitation, unauthorized modification of the Service, negligence, willful misconduct, delay in performing or failure to perform any of its obligations under the Agreement; or use of Service in breach of the Agreement; and
4. Any failure of Client’s network, Internet, hardware, software or systems.