Service Level Agreements

  1. Availability.

Emerald X, LLC shall use commercially reasonable efforts to make the Digital Market software available at least 99.5% of each month during the Term, excluding “Scheduled Downtime” and “Other Causes” (“Service Level Commitment”). The software is available when users are able to successfully login to the application and access their project(s).  The Service Level Commitment provisions of this agreement apply only for Production environments.

Regularly scheduled maintenance time does not count as downtime and constitutes Scheduled Downtime. Maintenance time is considered regularly scheduled if it is communicated to CUSTOMER at least forty-eight (48) hours in advance of the maintenance time.

Emerald X, LLC will assign a severity level for each technical problem based on CUSTOMER’s description of the problems.  CUSTOMER must be available to troubleshoot the technical problem with Emerald X, LLC until resolution and must provide all requested diagnostic information.

Severity Definition
1 A critical problem requiring immediate resolution.  Problem may cause loss of data and/or restrict data availability.
2 A serious problem that affects major functionality.  No workaround is available, and operation continues in a restricted fashion.
3 A problem that does not have a major effect on business operations or for which an acceptable workaround exists.
4 A minor condition or request that has no significant effect on Customer operations.

SeverityTargeted Response Times
12 hour response
224 hour response
3 & 4Next Business Day (Eastern Time) response