This Service Level Agreement (this "SLA") is subject to the terms and conditions of the Master Service Agreement between the Company and Vendor (the "Agreement"), and takes effect ten (10) business days after the Company's implementation of Vendor's system (the "System") goes "live." All capitalized terms used but not defined in this SLA will have the meanings given to them in the Agreement.
A "Defect" is a technical defect in or failure of the System. Defects fall into four general categories, as described below.
Severity Level 1 (SL1): A Defect that severely impacts the use of the System by the Company or its affiliates in a production environment. No workaround or alternative is available.
Severity Level 2 (SL2): A Defect where the System is functioning but the use of the System by the Company or its affiliates is materially impacted. A workaround or alternative may be available.
Severity Level 3 (SL3): A Defect that involves partial, non-critical loss of use of the System in a production environment. A short-term workaround is available but not scalable.
Severity Level 4 (SL4): A general usage question, reporting of a documentation error, or a recommendation for a future product enhancement or modification.
Vendor is committed to achieving a System availability level of 99%, twenty-four (24) hours per day, seven (7) days a week, excluding Excluded Events and Scheduled Maintenance.
As used herein, "Excluded Event" means any event that adversely impacts the System that is caused by: (i) the acts or omissions of the Company or its affiliates, (ii) Internet service provider failures or delays, (iii) force majeure events, or (iv) scheduled maintenance.
As used herein, "Scheduled Maintenance" means any scheduled maintenance periods established by Vendor to provide sufficient time to maintain System infrastructure, apply updates, and perform essential operations.
Absent an emergency or other unusual circumstances, Scheduled Maintenance for the System shall be conducted during the following window: