Service Level Agreement

1. Agreement Overview

This Service Level Agreement ("SLA" or "Agreement") is between Shindig, Inc. (“Shindig”) and the Customer identified in that certain Services Agreement between Shindig and Customer to which this SLA is attached. Certain capitalized terms herein will have the meaning provided for such terms in the Services Agreement.

This Agreement describes the service levels to be provided by Shindig. Shindig utilizes the Amazon EC2 cloud environment, and service levels related to such environment are as specified in Amazon’s service level agreement pertaining to such services. Shindig’s capability and obligation to deliver services in accordance with the service levels set forth in this Agreement are subject to Amazon’s performance of its services consistent with its service level obligations.

2. Goals & Objectives

The purpose of this Agreement is to describe the video conferencing service support and delivery to be provided to Customer by Shindig. Shindig will make commercially reasonable efforts to provide services to Customer in accordance with the requirements and metrics set forth in this SLA.

The objectives of this Agreement are to:

Provide clear reference to service ownership, accountability, roles and/or responsibilities.
Present a clear, concise and measurable description of service provision to the Customer.
Match perceptions of expected service provision with Shindig’s actual service support & delivery capability.

3. Definitions

"Shindig Services" mean the apps and databases running on Shindig’s platform.

"Scheduled Downtime" means scheduled Unavailability of the Shindig Services, as announced by Shindig prior to the Shindig Services becoming Unavailable.

"Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the Shindig Services were Unavailable. Monthly Uptime Percentage measurements exclude Scheduled Downtime, or other downtime resulting directly or indirectly from any Shindig SLA Service Exclusions as described in Section 4.8 below.

"Unavailable" and "Unavailability" mean:

For apps, when all of Customer’s apps have no external connectivity.
For databases, when all of Customer’s databases have no connectivity, as confirmed by Shindig monitoring.

4. Support Services

The following detailed service parameters related to Customer support are Shindig’s responsibility under this Agreement:

4.1 Support Services Scope

Shindig will provide the following Support Services under this Agreement:

Manned telephone support
Monitored email support
Remote assistance using the Shindig platform where available
Planned or emergency onsite assistance (additional costs apply)
Monthly system tech check and updates

4.2 Customer Responsibilities

Customer responsibilities and/or requirements in support of this Agreement include:

Payment for all support costs (excluding Support Services provided by Shindig as part of Shindig Services without additional charge).
Reasonable availability and cooperation of Customer representative(s) when resolving a service-related incident or request, including, when requested, providing access to Customer systems and networks.

4.3 Shindig Responsibilities

Shindig’s responsibilities in support of this Agreement include:

Responding to Customer reported service-related incidents in accordance with the provisions of Section 4.7 below.
Appropriate notification to Customer for all Scheduled Downtime or any emergency downtime requiring a period of Unavailability.
99.95% Uptime: Shindig will use commercially reasonable efforts to make the Shindig services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (“Service Commitment”). Subject to the Shindig SLA Service Exclusions in Section 4.8, if Shindig does not meet the Service Commitment in any calendar month, Customer will be eligible to receive a Service Credit, based on the proportionate number of minutes within such month that the Shindig Services were Unavailable.

4.4 Support Services Assumptions

Assumptions related to Support Services and the ability of Shindig to meet the Service Commitment:

Customer will advise Shindig of any changes in the Customer computer system or network environment that could impact delivery or use of the Shindig Services.
Customer will fully cooperate with Shindig, and provide all requested information, in any attempt by Shindig to replicate any problem with Customer’s receipt or use of the Shindig Services.
Shindig will provide Customer with reasonable notice in advance of any contemplated changes to Shindig Services.

4.5. Support Services Management

The following sections provide relevant details on Shindig’s delivery of Support Services under this SLA:

4.6 Support Services Contact Information

Coverage specific to the Support Services covered in this Agreement are as follows:

Telephone support: 9:30 A.M. to 6:30 P.M. EST, Monday – Friday [646 896 1747] Calls received out of office hours will be forwarded to a mobile phone and best efforts will be made to answer / action the call, however there will be a backup answer phone service
Email support: Monitored 9:30 A.M. to 6:30 P.M. EST, Monday – Friday [info@shindig.com] Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day
Onsite assistance: At Customer request, such assistance will be provided by Shindig within 72 hours during the business week (Saturdays, Sundays and holidays excluded) (additional costs apply)

4.7 Support Services Response Times

Shindig will respond to service-related incidents and/or requests submitted by the Customer within the following time frames:

Within 8 hours (during business hours) for issues classified as High priority.
Within 48 hours for issues classified as Medium priority.
Within 5 working days for issues classified as Low priority.
Remote assistance will be provided in-line with the above timescales dependent on the priority of the support request.

4.8 Service Exclusions

The Service Commitment does not apply to any Unavailability, or other suspension or termination of the Shindig Services, or any other Shindig Service performance issues arising or resulting, in whole or in part, from:

a suspension or Unavailability required under any applicable law, regulation, court order or other governmental authority mandate;
factors outside of Shindig’s reasonable control, including any force majeure event, interruption or instability in internet access, or problems arising from circumstances, networks or equipment beyond the demarcation point of the Shindig network;
any actions or inactions of Customer, its Event Participants or any third party(ies), including, without limitation, failure to abide by the Terms of Service or any Shindig Acceptable Use Policy;
the equipment, software or other technology utilized or under the control of Customer or any third party (other than third party equipment within Shindig’s direct control);
failures of Shindig Services not attributable to Unavailability; or
any Scheduled Downtime.

If Unavailability is caused by Shindig, and not subject to any Service Exclusions, then Shindig will issue a Service Credit, based on the proportionate period of such Unavailability within a calendar month.

4.9 Emergency Support Services Provisions; AWS Service Credits

In case of an emergency, a Shindig representative will contact a designated representative of Customer (or if no person has been designated, then any Customer contact person in Shindig’s records) to discuss the current issue involving the Shindig platform. Shindig will provide continuous updates and notifications to Customer until a solution or workaround is found. Customer is responsible to report any problems with Shindig Services as provided for in Section 4.6, unless Shindig has provided Customer with an alternate contact method.

If an Amazon AWS issue occurs, any notifications received by Shindig from Amazon will be forwarded or copied to Customer, and Shindig will provide Customer, on request, with a service contact point related to such issue. If Shindig is entitled to recover any service credits from Amazon, based on AWS EC2 SLA commitments, these service credits will be passed to Shindig customers. Amazon service credits are calculated as a percentage of the total charges for either Amazon EC2 or Amazon EBS (whichever was Unavailable, or both if both were Unavailable) in the Region affected for the monthly billing cycle in which the Region Unavailability occurred. Please review the Amazon EC2 SLA for further information.