Simetric SLA & Support Services
Capitalized terms used but not defined in this Service Level and Support Agreement (“SLA”) has the same meaning ascribed to that term in the Agreement, unless otherwise specified below. In addition to such terms, the following capitalized terms have the following meanings:
“Business Day(s)” means Monday through Friday (excluding U.S. federal holidays.)
An “Error” is a condition or event in which the Subscription Services do not perform or comply with the Documentation.
“Scheduled Downtime” has the meaning ascribed to it in Section 3.2 of this SLA.
“Service Availability” means that percentage of a given month in which the Service is deemed available for use, such Service Availability to be determined in accordance with the Availability Criteria.
“Workaround” means a change in procedure or data supplied by Simetric or Customer that avoids an Error.
Service Availability Commitment. The Subscription Services must be available (defined below) 99.9% of the time (calculated on a per calendar monthly basis) twenty-four hours a day seven days a week (the “Service Availability Commitment”).
Exclusions. Notwithstanding anything herein to the contrary, the Service will not be considered “unavailable” if the Subscription Services are not available due to any one of the following reasons: (a) failure of utilities, services, equipment or systems not within Simetric’s reasonable control; (b) Scheduled Downtime; (c) a force majeure event; or (d) Customer’s acts or omissions.
Service Availability Reporting: Upon mutual agreement of the parties, Simetric will provide Customer with a report describing the Service Availability for the prior calendar month. The report may be in electronic or such other form as mutually agreed and will include, at a minimum: (a) the actual performance of the Services relative to the Service Availability Commitment; and (b) if the Service Availability has failed in any respect to meet or exceed the Service Availability Commitment during the reporting period, a description in sufficient detail to inform Customer of the cause of such failure and the corrective actions Simetric has taken and will take to ensure that the Service Availability Commitment is fully met.
Service Availability Service Credit: If, in any given calendar month, Service Availability falls below the Service Availability Commitment as calculated pursuant to the Availability Criteria (a “Service Availability Failure”), Simetric will provide Customer with a Service Credit equal to the service fees paid by the corresponding Customer during the time that service was not available in excess of the Availability Commitment. Solely for the purpose of providing an example, if Service Availability for any given calendar month equaled 97.9% (2% under the minimum Service Availability commitment), the Service Availability Service Credit is calculated as a 2% reduction in the applicable monthly fee associated with the Service.
Service Availability Credit Process: Simetric will provide Service Credits to Customer in the event that it does not meet the applicable Service Levels. Any resulting Service Credit must be applied to the Customer invoice in the following month, after any applicable allowances or credits have been applied. In the event that Service Credits are due to Customer at the end of the applicable term or earlier termination of the Agreement, the Service Credits will either be applied to the final invoice or will be due and payable by Simetric within thirty (30) days of the expiration or termination date. In no event will Simetric provide Service Credits under this SLA totaling more than 100% of the monthly amounts received by Simetric with respect to the Subscription Services during the month in which the Service Credit was earned.
Monitoring: Simetric will monitor the Subscription Services and network environment twenty-four (24) hours a day and seven (7) days a week by trained personnel and automated monitoring systems. Appropriate personnel must be notified automatically if there are errors reported in the system, services, software or network supporting the Subscription Services that may adversely affect Subscription Services
Scheduled Downtime: From time to time, Simetric may schedule downtime periods in which maintenance to the Subscription Services is performed (“Scheduled Downtime”). Planned upgrades and maintenance will be detailed to Customer, and Simetric will provide Customer with at least five (5) business days prior written notice of any such planned outage. Such notice will be provided to Customer’ users in a designated location of the user interface under the heading “Planned Maintenance”; it is also available via email provided that Customer registers for System Status email notifications (which must be available at no additional cost to Customer). Such notice must set forth the planned completion time for the maintenance performed during the Scheduled Downtime. Scheduled Downtime must be limited to a maximum of sixteen (16) hours per calendar month. Simetric will schedule and perform Scheduled Downtime on off-peak usage days and must not perform Scheduled Downtime within the 72 hours preceding the end of the Carrier Optimization Window. Any Scheduled Downtime up to the sixteen (16) hour monthly maximum on the days and during the times set forth above will not be subject to the Availability Criteria and will be excluded from the Service Availability calculations set forth in this SLA.
Simetric will correct and fix Errors, problems and complaints with respect to the Service submitted by Customer to Simetric’s Help Desk by one of the following methods:
Via telephone, at (8002082614 xt 2), or email at email@example.com. The Simetric Help Desk is open from 8:00 a.m. to 8:00 p.m. ET Monday through Friday. In the event that Customer identifies Severity 1 Errors outside these hours, Simetric will continue to accept off-hours calls via its secondary Help Desk and to initiate problem resolution activities.
Via the Internet, at Simetric’s email. Simetric’s email -based support is available 24 hours a day, 7 days a week.
Once an Error is reported, Simetric will assign a Service Request (SR) number for tracking purposes.
Support Level Definitions
Support Level 1 – Basic troubleshooting and educational issues such as, how to utilize standard built in features and functionalities, including user login, device grouping, report setup and scheduling, IP reset, password reset, account maintenance and order status.
Support Level 2 – Advanced technical troubleshooting, including reviewing and analyzing engineering reports to diagnose problems, upgrades, system configuration, and addressing network related issues.
Severity Level Definitions
Severity Level 1
Severity Level 1 Errors occur when one or more mission critical components of the Subscription Services is/are unavailable, down, inaccessible, or completely inoperable.
Simetric will repair or implement a resolution for a Severity Level 1 Error as soon as possible upon receipt of the Error. Simetric will be responsible for tracking and reporting on the status of such cases. A Severity Level 1 Error will be worked on continuously until a resolution or Workaround is in place and the Customer is able to process work.
Severity Level 2
Severity Level 2 Errors occur when the Subscription Services is/are available, but a major component of the service has degraded functionality that impacts Customer’s operation. Severity Level 2 Errors may include but not be limited to problems such as reports are available, but some reports return errors or take abnormally long to return results.
Severity Level 3
Severity Level 3 Errors occur when a Subscription Services element that is not a major function is impaired or not working properly; the Subscription Services are usable, but not functioning in accordance with the Documentation for the applicable release of the Subscription Services. Severity Level 3 Errors can be issues with the current release of the Subscription Services but which are not Subscription Services affecting and which can be resolved with a work-around, patch or bypass.
Severity Level 3 Errors can also include SRs that are submitted by Customer. These issues are generally small fixes that if implemented would allow the Service to operate more efficiently for customers.
Severity Level 4
Severity Level 4 Errors generally include minor issues with the Subscription Services that do not affect the functionality of the Subscription Services. These include administrative or billing-related issues that may occur from time to time and are reported via an SR.
Simetric will be responsible for tracking and reporting on the status of such cases. Resolution of such SRs generally does not require a fix or patch to the Support Service or Equipment.
Simetric will function as the lead in troubleshooting Errors, and will take responsibility for contacting, coordinating, and tracking the efforts of all parties who are required to solve an Error.
Error correction may include a temporary work-around, patch or bypass supplied by Simetric, or a computer or operating routine by Customer or Customer, in order to diminish or avoid the effect of the Error. Once Simetric has identified corrective measures to fix the Error (the “Solution”), Simetric will test the Solution to ensure operability and then load the Solution onto the production platform, after which Customer may then test the Solution. If the Solution solves the Error, the SR will be closed. If not, Customer will inform Simetric of its test results and Simetric will continue to troubleshoot the Error until the corresponding Customer(s) have been provided a Solution that solves the Error. Finally, there may be a requirement for Customer or Customer to work with Simetric to correct any data issues if data has been impacted by the Error, both Parties agree to work together in good faith to resolve any such issues.
Error Resolution Time Frames
Simetric must use best efforts to minimize customer down-time and/or disruption to Service and to resolve Errors in accordance with the targets set forth in the table below:
First Reaction Time
Solution or Bypass Metric
within 30 minutes
Simetric will commit the necessary resources on a 24 hours per day 7 days per week to resolve Error or provide a Workaround no later than six (6) hours before the end of the Carrier Optimization Window, U.S. eastern time.
within one hour
Simetric will commit the necessary resources during Simetric Business Days to resolve Error or provide a Workaround no later than six (6) hours before the end of the Carrier Optimization Window, U.S. eastern time.
within one day
Simetric will provide necessary resources during Simetric Business Days to resolve Error or provide a Workaround