Service Level Agreement

Version 1.0
Updated: 18 August 2022
 

asBuilt’s Software-as-a-Service is based on a multi-tenanted operating model that applies common, consistent management practices for all customers using the service. This common operating model allows asBuilt to provide the high level of service reflected in our business agreements. This document communicates asBuilt’s Software Support and Service Level Policy (“SLA”) with its customers.

Unless the context requires otherwise, capitalised terms have the meanings given to them in the Agreement, and the rules of interpretation set out in the Agreement apply to this Product Schedule.

1     DEFINITIONS

Definitions: In the Agreement, the following terms have the stated meaning:

Term

Meaning

Planned Maintenance Window

Planned Maintenance Window refers to a specific time and date when the asBuilt software is taken offline for a pre-planned period of time to allow for critical updates; and /or to introduce new features and functionality.

Emergency Maintenance

Means any time outside of Scheduled Maintenance Window that asBuilt is required to apply urgent patches or fixes, or undertake other urgent maintenance activities. If Emergency Maintenance is required, asBuilt will contact Customer and provide the expected start time and the planned duration of the Emergency Maintenance and if asBuilt expects the Software-as-a-Service to be unavailable during the Emergency Maintenance.

Designated Support Contact

Means one or more individuals trained and skilled in asBuilt Software. And, where applicable, in the case Customer elected, will identify the individual by name in the terms of the Product Schedule.

Availability

Means the asBuilt’s SaaS Services are ready and able to be used by the Customer and Availability has a corresponding meaning.


2     SERVICES AVAILABILITY

2.1
Technical Service Assistance Terms

Customer may report Problems and request Service 24 hours a day, 7 days per week, however, asBuilt will provide Customer with local time business hours technical assistance in accordance with this SLA.
2.2
Service Availability

asBuilt will commit to ensure that the SaaS Services will be Available at least 99.5 % of the time, measured on a calendar month basis. The Service availability is calculated per month as follows:
2.3
Increased Service Availability

At the request of the Customer and subject to additional fees, asBuilt can commit to 99.95% Service availability via upgrading underlying systems and third party services, if this is required this will be specified in the Product Schedule.
2.4
Exclusions

The Availability Target in paragraph 2.2 excludes any unavailability, suspension or termination of, or any other performance issues with, the SaaS Services:

  1. caused by factors outside of asBuilt’s reasonable control, including any Force Majeure event or any inability by staff to attend their place of work to access equipment or Internet access or related problems beyond the demarcation point of the SaaS Services (the demarcation point for the SaaS Services is asBuilt’s hosting environment); or

  2. that result from any actions or inactions by the Customer or any third party; or

  3. that result from the Customer’s equipment, software or other technology and/or third-party equipment, software or other technology to meet the configuration requirements for the Customer set forth in the Documentation; or

  4. arising from asBuilt’s suspension or termination of the Customer’s right to use the SaaS Services in accordance with the Agreement.

3     SUPPORT REQUESTS

3.1

Customer may submit cases to asBuilt via asBuilt’s Support Centre. Each case will be assigned a unique case number. asBuilt will respond to each case in accordance with this SLA and will use reasonable efforts to promptly resolve each case. Actual resolution time will depend on the nature of the case and the resolution itself. A resolution may consist of a fix, workaround, delivery of information or other commercially reasonable solution to the issue. Case reporting is available on request by the Customer.

3.2

The provision of support by asBuilt under paragraph 3.1 of this Service Level Agreement is conditional on the Customer:

  1. first using reasonable efforts to resolve the Issue, including by referring to the help and support documentation provided by asBuilt; or
  2. failure of Customer to meet the configuration requirements for Customer Equipment set forth in the Documentation.
3.3

asBuilt will provide technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 7:00am and through 5:00 pm (AEST), with the exclusion of Public Holidays.

4     SERVICE CREDITS

4.1

Service Credit means the percentage of the monthly Subscription Fees paid or payable for the asBuilt Software-as-a-Service that is awarded to Customer for a validated claim associated with that portion of the Software-as a-Service reached to the breach of the applicable SLA during that month.

4.2

In any given month Customer shall in no event be entitled to receive a credit that exceeds 100% of its monthly subscription fee for the nonconforming Software-as-a-Service Product
4.3

Except for gross negligence or willful misconduct, the remedies set forth herein represents Customer’s sole and exclusive remedy for asBuilt’s breach of the SLAs defined in this SLA.
4.4

In the event of a failure by asBuilt to meet the Service Availability and Service Response minimums as set forth in this SLA, as the Customer’s sole and exclusive remedy, at Customer’s request, within 5 days of the incident, asBuilt shall provide service credits in accordance with the table below.

Software-as-a-Service
Availability per Calendar Month

Service Credit
<99.5% 25%
<99.0% 50%
<98.5% 100%

5    SEVERITY LEVEL DETERMINATION

5.1

Customer shall reasonably self-diagnose each support issue and recommend to asBuilt an appropriate Severity Level designation. asBuilt shall validate Customer’s Severity Level designation, or notify Customer of a proposed change in Severity Level designation to a higher or lower level with justification for the proposal.

In the event of a conflict regarding the appropriate Severity Level designation, each party shall promptly escalate such conflict to its management team for resolution though consultation between the parties’ management, during which time the parties shall continue to handle the support issue in accordance the with the asBuilt Severity Level designation.

In the rare case a conflict requires a management discussion, both parties shall be available within one hour of the escalation.

6    SUPPORT ISSUE PRODUCTION SEVERITY LEVELS RESPONSE AND ESCALATION

6.1
Response Time

Response Time is the period of time the Support Case was logged in the asBuilt’s Support Centre until asBuilt responds to Customer and/or escalation within asBuilt, if appropriate.

Because of the widely varying nature of issues, it is not possibile to provide specific resolution commitments.

6.2
Severity Level 1

  1. Definition

    The asBuilt SaaS Service is unavailable for all users, underlying systems or the Licensed Software is non-operational, causing major problems to the Customer in the operation of its normal business.

  2. asBuilt Response Commitment

    Within one (1) hour of receipt of Support Case logged.

  3. Escalation

    If the problem has not been resolved after 1 hour, asBuilt will escalate the problem to have higher priority than ongoing support, development, or operations initiatives.

  4. Customer Response Commitment

    Customer shall remain accessible by phone for troubleshooting from the time a Severity 1 issue is logged until such time as it is resolved.

  5. Resolution

    asBuilt will work to resolve the problem until the SaaS service is returned to normal operation. Customer will be notified of status changes.
6.3
Severity Level 2

  1. Definition

    The asBuilt SaaS Service contains a bug that prevents Customer executing one or more critical business processes with a significant impact and no workaround exists.

  2. asBuilt Response Commitment

    Within four (4) hours of receipt of Support Case logged.

  3. Escalation

    If the problem has not been resolved after two (2) days, asBuilt will escalate the problem to have higher priority than ongoing support, development, or operations initiatives.

  4. Customer Response Commitment

    Customer will respond to asBuilt requests for additional information and implement recommended solutions in a timely manner.

  5. Resolution

    If resolution requires an asBuilt bug fix, asBuilt will add the bug fix to its development queue for a future Update and recommend a potential workaround until the problem is resolved in a future Update. Customer will be notified of status changes.
6.4

Severity Level 3

  1. Definition

    The asBuilt SaaS Service contains an issue that may disrupt important business processes where a workaround is available, or functionality is not imperative to Customer’s business operations.

  2. asBuilt Response Commitment

    Within twenty-four (24) hours of receipt of Support Case logged.

  3. Escalation

    None.

  4. Customer Response Commitment

    Customer will respond to asBuilt requests for additional information and implement recommended solutions in a timely manner.

  5. Resolution

    If resolution requires an asBuilt bug fix, asBuilt will add the bug fix to its development queue for future Update and suggest potential workaround until the problem is resolved in a future Update. Customer will be notified of status changes.
6.5

Severity Level 4 - Customer Care or Operations Request

  1. Definition

    Non-system issues such as named Support contact change, requests for performance reports, billing, business documents, etc. Questions about configuration and functionality should be addressed to the Customer Community or Knowledge Base.

  2. asBuilt Response Commitment

    Within forty-eight (48) hours of receipt of Support Case logged.

  3. Escalation

    None.

  4. Customer Response Commitment

    Customer will respond to asBuilt requests for additional information in a timely manner. Customer will be notified of status changes.

  5. Resolution

    asBuilt will respond to request.

7    SUPPORT SCOPE

7.1

asBuilt will support functionality that is developed by asBuilt and under its direct control.

For all other functionality, and/or issues or errors in the asBuilt Service caused by issues, errors and/or changes in Customer’s information systems and /or third-party products or services, asBuilt may assist Customer and its third-party providers in diagnosing and resolving issues or error but Customer acknowledges that these matters are outside of asBuilt’s support obligations.

Service level failures attributable to (i) Customer acts or omissions; and (ii) force majeure events; shall be excused.

 

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