Service Level and Support Services Terms

This Service Level and Support (“SLA”) is incorporated into the Order Form and constitutes an agreement between Customer, as identified in the Order Form (“Customer” or “You”) and StaffWizard, LLC, a Texas limited liability company (“StaffWizard”) regarding the access to and use of the Platform and related Professional Services.

By executing the Order Form, you agree to be bound by the terms of the Agreement. Further, by using the Services (whether or not you are a registered User), you accept and agree to be bound by the terms of the Agreement and to abide by all Applicable Laws. Therefore, you should read these Terms carefully. These Terms are binding upon you and may be modified from time to time. Once modified, you will be required to accept the revised Terms via click-through to continue using the Services.

FAILURE TO AGREE TO THESE TERMS AND ANY SUCH REVISED TERMS WILL PROHIBIT YOU FROM ACCESSING AND USING THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND TO ABIDE BY ALL APPLICABLE LAW, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.

 

  1. Service Levels are designed to set expectations and help ensure that both Parties understand and agree to mutual levels of service for production environments.
  1. Scheduled Maintenance. StaffWizard will perform periodic maintenance on the Services for system and software upgrades, service packs, hardware replacements and upgrades, and maintenance and backup procedures (“Scheduled Maintenance”). Scheduled Maintenance includes: (a) the installation of hot fixes, service packs, software and software upgrades, pre-failure hardware replacement, hardware upgrades, etc. and (b) shutdowns or reboots that occur in the normal course of maintaining a server. StaffWizard will use commercially reasonable efforts to notify you in advance of a Scheduled Maintenance event. Notification of Scheduled Maintenance will take place via email, support ticket, or phone call to Customer’s technical contact or Designated User(s) (“Support Notice”). Notwithstanding anything contained in the SLA to the contrary, Scheduled Maintenance outages will be exempt from all calculations and penalties under the terms of this SLA and Customer will not be entitled to any service credits as a result of Scheduled Maintenance. StaffWizard reserves the right to perform emergency maintenance without notice and without incurring any obligations to provide service credits to You under the terms of this SLA if StaffWizard determines that the maintenance is necessary to maintain the security of the server or other customers.
  1. Availability Guarantee and Services Credits. StaffWizard will provide 99.5% uptime with respect to the Covered Services during each calendar month of the Term (collectively, the “Availability Guarantee”). The “Covered Services” means the StaffWizard Platform maintained by StaffWizard and does NOT include (a) Customer or its Users’ access to the internet, (b) third-party internet service provider software and systems, or (c) Customer equipment and software used by Customer and its Users to access and use the Services.  Uptime will be calculated using the following formula:  x = [n-y]/n] 100.  In the formula, “x” is the uptime percentage, “n” is the total number of hours in a given month, and “y” is the total number of hours the Platform is not available in a given month. For purposes of determining “y,” downtime is a measurement interval during which time the Platform, at either the web server, application server or database server level, is not available for access and use (i.e., it does not accept an HTTP request), excluding Scheduled Maintenance.  If StaffWizard does not meet this Availability Guarantee in any calendar month and You were negatively impacted (i.e., attempted to log into or access the Services and failed due to the unscheduled downtime of the Services), StaffWizard will provide, as the sole and exclusive remedy and liability to You for the failure to meet the Availability Guarantee, a service credit equal to five percent (5%) of the previous month’s fee for the use of the Subscription Service (“Service Credit”). In order to receive a Service Credit, You must request it within five (5) days of the end of the applicable month. If You submit a Service Credit request and do not receive a response within 48 hours indicating that the request was received, You must resubmit the request because the submission was not properly received and will not result in a Service Credit. If You are past due or in default with respect to any payment or any material contractual obligations to Us, You are not eligible for any Service Credit. The Service Credit is valid for up to one month from the month for which the Service Credit was issued. We shall calculate any service level downtime using Our system logs and other records.
  1. Standard Support Hours. Our standard support hours are 24 hours per day, 7 days per week, 365 days per year.
  1. Business Continuity. We have a business continuity plan designed to allow for recovery within four (4) hours from the time a recovery event is initiated.
  1. Monitoring and Response. We monitor status of events on network devices including network availability and backup success/failure. In addition, We will monitor database sizing, job loads and other network criteria to achieve industry-accepted performance metrics.
  1. Customer Dependencies. Our ability to provide support is directly dependent on Your ability to notify Us of any problems with the Platform or related Services.  You must provide all necessary information and assistance related to service performance that allows Us to meet the Availability Guarantee. You must also inform Us regarding changing business requirements that may necessitate a review, modification, or amendment of these support terms.
  1. Response Time Goals. When alerted of a potentially critical problem by our monitoring systems, We will begin troubleshooting and addressing the problem. We will contact You via a Support Notice. When you send a support ticket to US, You will receive responses in the same manner. We exercise commercially reasonable efforts to meet the following response time goals but do not guarantee that the response times will always be met:

Severity Level

Description

Target Response

     

1. Outage

SaaS server down

Immediate

2. Critical

High risk of server downtime

Within 10 minutes

3. Urgent

End-user impact initiated

Within 20 minutes

4. Important

Potential for performance impact if not addressed

Within 30 minutes

5. Monitor

Issue addressed but potentially impactful in the future

Within one business day

6. Informational

Inquiry for information

Within 48 hours

  1. Support Contact Structure. We will take reasonable steps in assisting You in resolving problems with the Services that You report.

Level

Description

Requirements

     

0

Customer designates 2-5 people (“Designated Users”) who can contact Our Support. Designated Users must have attended the full Software product training program. Customer remains first line of technical support calls and all User issues must go through Your Designated Users.

Designated Users must try to isolate the problem and eliminate other factors as potential causes of the problem such as Your internet and network issues. Designated Users must provide sufficient information to assist Us to resolve the issue.

Unresolved issues go to Level 1

1

Level 1 activities include logging the call into Our tracking system, determining the severity/ priority of the issue and attempting to resolve the issue.

This level may require further analysis for resolution. We will inform You if the issue falls outside the parameters of support. If the issue fails outside of the parameters, You can request further assistance via Professional Services and a Statement of Work. Professional Services will be charged at Our current Professional Service rates.

Unresolved Level 1 issues go to Level 2

2

Level 2 Support provides resolution expertise in areas specific to the nature of the issue. A call-back may be required depending on the severity of the problem.

Level 2 Support may also require further analysis and resolution. If We are unable to resolve the issue using Level 2 resources, then the issue will be reported to the appropriate resources within StaffWizard.

Unresolved Level 2 issues go to Level 3

3

We will relay an unresolved Level 2 support issue for resolution to Our engineering and development resources.   

Level 3 issues may require other teams/departments within Our team. Escalation support is only available 0900 – 1800 CST (Central Standard Time) in the US.

The contact details for Our support department are:  [email protected] / 972-972-4055.

NOTE: Technical support and consultation is only provided in the English language.

Date Posted: July 23, 2021

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