Standard Service Level Agreement
Table of Contents
This Standard Service Level Agreement (the “Lavi SLA”) shall describe Lavi Industries’ (“Lavi”)
responsibilities
with respect to service availability and resolution of Client incidents related to the Lavi Services (as
defined
hereinafter). Any capitalized terms used but not defined herein shall have the meaning set forth in the
Lavi
Terms of Service, Order Form or Statement of Work between Lavi and Client. This Lavi SLA is specifically
incorporated by reference into to any and all Order Forms or Statements of Work entered into between
Lavi and
its Clients related to the Lavi Services. The SLA shall govern the relationship between Lavi and its
Clients
with respect to the matters set forth herein from the applicable Commencement Date (as defined
hereinafter)
throughout the applicable Service Period (as defined hereinafter).
Section 1: Definitions
For purposes of this Lavi SLA, the following definitions shall be used:
“Business Hours” means 6:00AM - 6:00PM (PT) Monday through Friday, with the following
excepted
holidays: (a) New Year’s Day - January 1st; (b) Memorial Day - Last Monday in May; (c) Independence Day
- July
4th; (d) Labor Day - First Monday in September; (e) Thanksgiving Day - Last Thursday in November; (f)
the day
following Thanksgiving - Last Friday in November; and (g) Christmas Day - December 25th.
“Commencement Date” means the Service Period commencing on the first day of operation
(“go-live”
date) of Lavi Services at a specific Client location.
“Downtime” means a SaaS failure, preventing the Client from performing the basic Qtrac®
queuing
functionalities, with no acceptable workaround.
“Lavi Final Resolution” means a permanent fix to the Error to bring Lavi Services
functionality
back into a resolved state.
“Lavi First Reply” means a verbal, written, or electronic response to an Initial Notice, in
each
case non-automatic, from Lavi to Client regarding a reported or discovered Error (as defined
hereinafter) that
details its Severity Level and provides a general approach for next steps.
“Lavi Periodic Update” means a verbal, written, or electronic follow-up response to an
Initial
Notice, in each case non-automatic, from Lavi to Client regarding a reported or discovered Error.
“Lavi Services” means the Qtrac® Electronic Queuing SaaS and software components thereof.
“Lavi Temporary Resolution” means a temporary fix or patch to the Error to bring Lavi
Services
functionality back to a resolved state until a Final Resolution is available.
“Service Period” means the period beginning on the Commencement Date through the end of the
Term as
set forth in the applicable Order Form or Statement of Work.
Section 2: Service Availability
Lavi will provide Client with access to the Lavi Services seven (7) days per week, twenty-four (24)
hours per
day, excluding Lavi Scheduled Downtime.
Section 3: Scheduled Downtime
Lavi shall perform periodic maintenance on the Lavi Services for purposes of system upgrades,
maintenance, and
backup procedures. When commercially reasonable, Lavi will perform such maintenance without disrupting
access to
the Lavi Services. Where access needs to be disrupted (“Lavi Scheduled Downtime”), Lavi shall: (i) where
possible, perform such maintenance during low usage periods; (ii) where possible, provide reasonable
advance
notice to Client of the Lavi Scheduled Downtime; (iii) use commercially reasonable efforts to limit the
amount
of Lavi Scheduled Downtime. Lavi Scheduled Downtime shall not exceed six (6) hours per month.
Section 4: Lavi Support
Main contact information for Lavi Support are:
Toll Free Number: (888) 528 4872
Phone Number: (661) 257 7800
E-mail: Qtrac-Support@lavi.com
Lavi will use commercially reasonable efforts to provide Client with all necessary resources to support
the Lavi
Services. All Support services are as defined bellow:
a. Lavi’s HelpDesk Live Staff Support from 6:00am to 6:00pm (Pacific Time), from Monday to
Friday.
The request must be sent to Email: Qtrac-support@lavi.com (for time between 6:00am to 6:00pm) or phone
call to
the Toll Free Number between 6:00am to 5:00pm.
b. 24/7 On-Line Self- Assisted Support Address: http://qtracvr.zendesk.com , also known as
Help
Center will include web based guide for most FAQ as well as troubleshooting instructions. This On-line
support
web address will also provide option for the Clients to submit Support Tickets or Change Requests.
c. 24/7 System Monitoring by Lavi IT Department – the application availability or uptime
will be
measured and monitored to guarantee 24/7 network access and signal strength and health.
d. 24/7 Lavi Non-HelpDesk Staff that will be reachable for any urgent matters which are
affecting
the Service and Product.
During Non-Business Hours, the Helpdesk message center will receive Client voice or email messages and
Client
shall provide the following information in such messages:
- Client contact name
- Company, Branch Number, City, and State
- Client contact’s Direct Extension Call Back Number:
- Brief Description of the issue
- Alternative Contact Name and Phone number
Messages will be responded within the first one (1) hour of the next Business Day.
Section 5: Incident Management
A. Incident Severity
Client and Lavi acknowledge and agree that there may be defects in the Lavi Services or defects in
features
within the Lavi Software that directly impact its performance and prevent it from performing as accepted
(“each
an Error”). Errors may include operation and functionality defects, security defects, viruses and bugs.
When
Lavi initially detects, or when Client initially reports to Lavi, an Error, (“Initial Notice”) the Error
will be
classified in accordance with the severity levels set forth in Table A1 below (each a “Severity Level”).
Lavi
may modify the classification after the Initial Response if appropriate.
Table A1 - Severity Level Guidelines | |
---|---|
Severity Level | Definition |
Severity 1 High |
A critical problem in which the Lavi services (i) are down, inoperable, inaccessible, or unavailable, (ii) otherwise materially cease operation, or (iii) Perform or fail to perform so as to prevent useful work from being done. |
Severity 2 Normal |
A problem in which the Lavi Services and the hosting environment (i) are severely limited or major functions are performing improperly, and the situation is significantly impacting certain portions of end-user operations or productivity, or (ii) have been interrupted but recovered, and there is high risk of recurrence. |
Severity 3 Low |
A minor or cosmetic problem with the Lavi Services that (i) is an irritant, affects non-essential functions, or has minimal operations impact, (ii) is localized or has isolated impact, (iii) is a nuisance, (iv) results in visual errors, or (v) is otherwise not Severity 1 or Severity 2, but represents a failure of Lavi Services to conform to specifications. |
B. Incident Response
If Initial Notice occurs during Business Hours, Lavi will provide Client with Lavi First Reply,
Periodic
Updates, and Final Resolutions within the timeframes provided in Table B1 below. If Initial Notice
occurs
outside Business Hours, the times will be calculated starting at 6:00am the next business day.
Table B1 – Incident Response for Initial Notices within Business Hours | |||
---|---|---|---|
Severity Level | Lavi First Reply | Lavi Periodic Update | Lavi Final Resolution |
1 - High | 30 minutes | Hourly | 4 Hours |
2 - Normal | 1 hour | 4 Hours | 36 Hours |
3 - Low | 4 hours | 2 days | 5 business days |
Section 6: Incident Escalation Path
Lavi will provide key personnel with different escalation levels as the primary contact points for
various
concerns as part of this Lavi SLA. In case the personnel assigned for the first escalation priority is
not
available or cannot be contacted for some reason, the Client can move up the escalation priority list.
Should
there be a change of key personnel by Lavi, Lavi will communicate the change to the Client promptly to
ensure
proper turnover.
Section 7: Client Responsibilities
a. Client-provided hardware must meet Qtrac® specifications for hardware and software
compatibility, and be operational.
b. Uninterrupted network and internet access in the appropriate bandwidth.
c. Provide an assigned corporate individual to act as Client-designated single point of
contact
with Lavi for all matters related to the Lavi Services.
d. Provide Lavi’s personnel with full access to perform remote diagnostics and repairs.
e. Provide a specific point of contact for issue resolution with a direct phone line
extension.
f. Provide any Change requests through official communication channels defined by Lavi
Industries
mentioned in section 4.
Section 8: Exclusions
a. This Lavi SLA does not cover hardware.
b. In the event Lavi determines a service is not warranted under this Lavi SLA, Lavi will
provide
the appropriate services at Lavi’s then-current time and material rates, following notice to Client.
c. Lavi is not responsible for the performance and/or availability of any of Client’s
supplied
hardware and/or software.
d. Lavi shall bear no liability in the event an Error, or any other Downtime occurs due to
a Force
Majeure.
Section 9: Availability
Lavi utilizes automated monitoring tools to detect Downtime and operational issues. However, Client must
report
to Lavi any Downtime and/or failure, in accordance with the procedure described in this Lavi SLA. Lavi
shall
bear no liability with respect to Downtime prior to any Initial Notice and Client agrees that the
Response and
Resolution times set forth herein are agreed upon and accepted by the Client.
Lavi warranty’s Qtrac® uptime, defined as availability of basic queuing functionalities, at 99% of the
time,
measured per location, on a calendar monthly basis.
Provided that Lavi does not meet its uptime warranty, Lavi will credit Client at a rate of ten percent
(10%) of
the Customer’s monthly SaaS billing per Client location, for every incremental one percent (1%) of
Downtime, up
to but not to exceed, one hundred percent (100%) of the monthly SaaS billing of the affected
location(s).
Downtime calculation excludes the following:
a. Scheduled maintenance.
b. Downtime caused by Client’s failure to meet Client Responsibilities as set forth in
Section 7
hereinabove or a Force Majeure.
Claim Procedure:
To receive a service credit for a particular calendar month, the Client must submit a claim to Lavi by
email to
the support team within thirty (30) days of the end of the month during which the Lavi Services did not
meet the
required standards, and include the following information:
Information supporting each claim of Downtime, including date, time, and a description of the incident
and
affected service, all of which must fall within the calendar month for which the Client is submitting a
claim.
Client's failure to submit a claim for Downtime in accordance with the foregoing procedure shall result
in
Client's waiver of any such claim, or any alleged damages arising therefrom.