Service Level Agreement
This Service Level Agreement (“Agreement”) is made and entered into as of the effective date stated on the first order form executed between MJ Freeway LLC (“MJ Freeway) which references the Service Level Agreement and the customer described in such order form (“You”), where that date is the “Effective Date.” YOU ARE RESPONSIBLE FOR CAREFULLY READING THE TERMS OF THIS AGREEMENT BEFORE SIGNING AN ORDER FORM OR ACCESSING OR USING ANY SERVICES OF MJ FREEWAY. BY (AS APPLICABLE) SIGNING AN ORDER FORM OR SIMILAR DOCUMENT OR ACCESSING OR USING SUCH SERVICES, YOU CONFIRM THAT YOU HAVE READ AND ACCEPTED THIS AGREEMENT. NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS CUSTOMER MAY REFERENCE OR PROVIDE, MJ FREEWAY’S OFFER OR ACCEPTANCE (AS APPLICABLE) TO ENTER INTO AN AGREEMENT WITH YOU WITH RESPECT TO THE SERVICES IS EXPRESSLY LIMITED TO THIS AGREEMENT AND CONDITIONED ON YOUR ASSENT HERETO., and of which this Service Level
Agreement (“SLA”) forms an integral part. You are also agreeing to the terms and conditions of MJ Freeway’s Master Services Agreement located at www.mjplatform.com/msa agreement (“MSA”). The SLA is subject to the terms and conditions of the MSA.
THE INDIVIDUAL SIGNING THE ORDER FORM OR CLICKING “PLACE ORDER” REPRESENTS THAT HE OR SHE HAS THE POWER AND AUTHORITY TO BIND YOU TO THESE TERMS AND CONDITIONS.
1) Objective.
This Service Level Agreement describes the levels of service and support that Customer will receive from MJ Freeway.
2) Services.
a) Availability of Services
i) Uptime Levels – MJ Freeway’s infrastructure and software is available 24 hours a day, seven days a week, with a verifiable 99% uptime for production environments. Training and testing environments are available 24 hours a day, seven days a week, with a verifiable 99.5% uptime.
ii) Remedy – Should the availability of service not meet the guaranteed uptime levels, MJ Freeway will credit Customer 5% of the monthly software fee for each 1 hour of downtime, up to 100% of Customer’s monthly fee for the affected service. If uptime for any service drops below the relevant threshold, the remedy will be applied in the form of a credit to the
iii) Maintenance – Uptime measurements exclude periods of scheduled downtime for A maintenance window is scheduled for 12am – 5am MT nightly. MJ Freeway will notify Customer 48 hours in advance for scheduled downtime outside of the maintenance window.
iv) Reporting – MJ Freeway will provide Customer with monthly reporting detailing the uptime levels during the previous
b) Gold Technical Support
i) Incident Response and Resolution Time – Following are the targets for response and resolution times for incidents that disrupt or could disrupt the availability of services: **Please note that ALL SLA clocks stop in instances where MJ has requested additional information or details from the customer to address their issue until that information is provided back from the customer.**
| Level | Description | Time to Respond | Target Resolution Time |
|
1 – Critical | An incident where Customer’s production or use of the MJ Freeway Product is stopped or so severely impacted that Customer cannot reasonably continue business operations. It may result in a material and immediate interruption of Customer’s business operation that will cause a loss of Customer’s data and/or restrict availability to such data and/or cause significant financial impact. |
2 hour |
4 hours |
|
2 – High | An Incident where one or more important functions of the MJ Freeway Product are unavailable with no acceptable Alternative Solution. Customer’s implementation or production use of the MJ Freeway Product is continuing but not stopped; however, there is a serious impact on the Customer’s business operations. |
4 hour |
8 hours |
|
3 – Medium | An Incident where: (a) important MJ Freeway Product features are unavailable but an Alternative Solution is available, or (b) less significant MJ Freeway Product features are unavailable with no reasonable Alternative Solution; Customer experiences a minor loss of business operation functionality and/or an impact on implementation resources, or (c) Customer poses questions regarding basic functionality of the MJ Freeway Product. |
6 hours |
2 business days |
| 4 – Low | An Incident that has a minimal impact on business operations or basic functionality of the MJ Freeway Product. | 8 hours | 5 business days |
ii) Problem Response and Resolution Time – Problem management includes diagnosing causes of software or service problems, determining the resolution, and ensuring the resolution is Following are the targets for response times for problems with MJ Freeway’s software or service.
| Level | Description | Target Problem Resolution Time | ||
| Root-Cause Analysis | Root-Cause Report | Problem Remediation Plan | ||
| 1 – Critical | Serious issue, major impact on Customer functioning as a business. | 1 business day | 1 business day | 2 business days |
| 2 – High | High impact affects parts of the organization and certain key functions of Customer. | 2 business days | 2 business days | 3 business days |
| 3 – Medium | Customer can function as a business but this will decrease productivity or impact services for many people or key functions. | 5 business days | 15 business days | 30 business days |
| 4 – Low | Low impact has little or no effect on Customer as a business. Severity may increase or impact service for one person or lower level functions. | 30 business days | 45 business days | 180 business days |
iii) Measurement – Response times are measured using MJ Freeway’s support ticketing system, which tracks all issues from initial reporting to Issues can be submitted to the ticketing system through email or online web form. If issues are reported by phone, a ticket will be created by MJ Freeway staff. The timestamp for the creation of the ticket determines the initial reporting time for that issue.
iv) Remedy – Should the technical support response time not meet the guaranteed levels, MJ Freeway will credit Customer 5% of the monthly technical support fee for each hour delay, up to 50% of Customer’s monthly fee for technical support. If technical support response time drops below the relevant threshold, the remedy will be applied in the form of a credit to the Customer.
v) Reporting – MJ Freeway will provide Customer with monthly report detailing new incidents or problems reported during the preceding month, the status of any open incidents or problems, and the time to resolution of any incidents or problems closed during the preceding
3) Customer Obligations and Tasks
Customer is responsible for providing a primary point of contact to MJ Freeway for this SLA. This point of contact will:
a) Ensure that the MJ Freeway software is used as intended,
b) Ensure that MJ Freeway is notified of availability of services or technical support issues in a timely manner,
c) Serve as the interface between MJ Freeway’s technical support team and the Customer staff,
d) Obtain applicable access, information, data, and approvals as required by MJ Freeway in order to perform the services,
e) Help resolve issues that may arise during the engagement.
4) Deliverables.
a) Deliverables are the services described above in Paragraph 2.
5) Fees and Payment Terms.
a) Customer shall pay MJ Freeway according to the payment schedule outlined in the Order
By accepting this Service Level Agreement (“SLA”) you are also agreeing to the terms and conditions of MJ Freeway’s Master Services Agreement located at www.mjplatform.com/msa agreement (“MSA”). The SLA is subject to the terms and conditions of the MSA.