QQ Catalyst – Service Level Agreement (SLA)

Service Level Agreement (SLA)

Effective Date: May 5, 2014

This Service Level Agreement (“SLA”) is a policy governing the use of the QQCatalyst® Service under the terms of the QQSolutions Terms of Service Agreement (the “TOS Agreement”) between QQSolutions, Inc. (“QQSolutions”, “us” or “we”) and users of the QQCatalyst Service (“customer”, “subscriber” or “you”). This SLA applies separately to each account subscribing to the QQCatalyst service. Unless otherwise provided herein, this SLA is subject to the terms of the TOS Agreement. We reserve the right to change the terms of this SLA in accordance with the TOS Agreement. This SLA may be viewed online at QQSolutions.com and QQCatalyst.com and any changes will be posted there.

Definitions

  • “Availability” is defined as the percentage of Available Time in which the QQCatalyst Service is fully available to the Customer.
  • “Available Time” is defined as the number of minutes in the Service Year less the number of minutes of Maintenance Downtime.
  • “Business Days” shall mean Monday through Friday, excluding all holidays.
  • “Customer” shall mean a subscriber to the QQCatalyst Service, provided their account is in good standing.
  • “Customer Actions” shall mean (i) the act or omission of the Customer or any other end-user; (ii) actions related to the Customer’s equipment, facilities or applications; (iii) failure of the Customer’s equipment, network, email servers, computers, or software; (iv) failure caused by the Customer’s email delivery system or website, including network outages; and (v) a Customer’s circumvention or other interference with the security precautions of QQSolutions.
  • “QQCatalyst Service” shall mean the QQCatalyst Web-based agency management system application, along with the storage and maintenance of, and access to, Customer’s data managed by the QQCatalyst Web application, all of which are hosted for QQSolutions by the Microsoft® Windows Azure® cloud computing platform, and excludes all Customer and third-party provided hardware, systems, networks, software and peripherals.
  • “Emergency Maintenance” shall mean maintenance activities that, in the sole discretion of QQSolutions, require immediate action or attention and may not be postponed, as would be the case with planned maintenance. QQSolutions will endeavor to provide customers as much notice of Emergency Maintenance as is commercially reasonable.
  • “Force Majeure” shall mean a delay arising from or as a result of strike, lockout or labor difficulty; explosion, sabotage, accident, riot or civil commotion; act of war; fire or other catastrophe; or any cause beyond the reasonable control of QQSolutions.
  • “Maintenance Downtime” shall mean any time during the Service Year when the QQCatalyst Service is unavailable because of planned maintenance or Emergency Maintenance. Planned maintenance will be scheduled to take place at times that are not during Regular Business Hours.
  • “Regular Business Hours” shall mean Business Days from 8:30am to 8:00pm Eastern Time.
  • “Service Credit” shall mean a credit applied to the Customer’s account.
  • “Service Report” shall mean the notification by Customer to QQSolutions that Customer believes the QQCatalyst Service to be unavailable.
  • “Service Term” for Customer shall mean the Term of service as specified in the TOS Agreement.
  • “Service Year” for Customer shall mean any contiguous 12-month period during which Customer was a subscriber to the QQCatalyst Service.
  • “Soft Outage” shall mean a brief period of time when the QQCatalyst Service is available to some customers but not to others due to the inherent design of the Internet. During a major outage of a carrier, Internet traffic may be rerouted through other carriers to keep data flowing. During this process known as Convergence, the normal flow of data is slowed down causing latency in network traffic. Time sensitive applications such as our image upload process may be impacted by this high latency and may cause the process to fail. This Convergence process is usually short-lived and is not considered to be an unavailability of the QQCatalyst Service.

QQ Catalyst Service Overview

The QQCatalyst Service consists of the QQCatalyst Web-based agency management system application, along with the storage and maintenance of, and access to the Customer’s data managed by the QQCatalyst application, all of which are hosted for QQSolutions by the Microsoft Windows Azure cloud-computing platform.

QQSolutions allocates computing resources, data storage space and network bandwidth to the Customer according to the specific QQCatalyst subscription plan purchased by the Customer.

The QQCatalyst Service also includes technical support via the QQSolutions website at:
QQSolutions.com/support and by phone: 1.877.809.2509.

Service Commitment and Service Credits

QQSolutions will use commercially reasonable efforts to provide QQCatalyst Service Availability of at least 99.5% during the Service Year.

If, during the Service Year, QQSolutions fails to meet the above level of QQCatalyst Service Availability, customer may request a Service Credit based on the actual Availability realized during the Service Year, as per the following schedule:

Actual Availability
< 99.5% — ≥ 98.5%
< 98.5% — ≥ 95.0%
< 95.0%

Weeks of Service Credited to Customer
1
2
4 (maximum credit)

Service Credits constitute the sole and exclusive remedy relating to the QQCatalyst Service.

Requesting a Service Credit

Any Customer who believes they are entitled to a Service Credit based upon the performance standards set forth in this SLA must request it by notifying QQSolutions’ Product Support Department within two Business Days of the event giving rise to the request.

The notice must be sent by email to QQSolutions at: QQSupport@QQSolutions.com, and must include sufficient information to allow the claim to be investigated, including, without limitation, as applicable, the Service Report number, the nature of the request, the date and time such request was made to QQSolutions, and the manner such request was made. If the Customer does not comply with the foregoing, the Customer will not be entitled to any Service Credit under this SLA or to any other remedy from QQSolutions.

Data Backup Policy

Each night, a full QQCatalyst database backup is created and moved to a separate server within the Azure cloud. There are individual backup storage locations for daily, weekly, monthly, and yearly backups. These volumes are appended (not overwritten), so that each backup contains an entire set of the data. Each backup location has a different retention policy as follows:

Daily
Weekly
Monthly
Yearly

45 days
26 weeks
12 months
Idefinite

The storage location of the backup data is geo-redundant within Azure, meaning it is stored in two separate regions of the US, currently one in Virginia and one in Texas. In the event of a regional Azure datacenter failure, we are able to access the backups from the secondary location. User files (e.g., images, PDFs and other documents) saved in QQCatalyst’s File Manager are also stored in geo-redundant locations within Azure. In addition, these files are also written to a tertiary location within the Amazon cloud.

Upon written request by the Customer’s primary contact, QQSolutions will provide the Customer with a utility that will let the Customer create and download a backup of their data. The Customer may request one backup in any twelve-month period at no charge. The Customer may request additional backups within the twelve-month period, which shall be charged to the Customer based on QQSolutions’ current pricing schedule. With the exception of user files, QQSolutions provides copies of the Customer database in the native format used by the QQCatalyst Service, specifically Microsoft Azure SQL Server.

QQSolutions provides backups of the Customer’s user files in their original format, as uploaded to the QQCatalyst Service by the Customer. Other than removing any data encryption that may be added by the QQCatalyst Service, no other formats or modifications will be made by QQSolutions.

QQSolutions will fulfill all requests for a copy of the Customer’s data within 30 days of the request.

If the Customer cancels the QQCatalyst Service, pursuant to the TOS Agreement, any request for a backup copy of the Customer’s data must be made in writing within 30 days of cancellation.

Changes Affecting the QQ Catalyst Service

QQSolutions reserves the right to change its QQCatalyst Service from time to time. QQSolutions will endeavor to notify Customers at least two days before any service change. If, however, a shorter notification period is necessary in QQSolutions’ reasonable judgment, then any such service changes may nevertheless be made with such prior notification to customers as is practical and reasonable under the circumstances. QQSolutions will attempt to minimize any service unavailability that may be required or caused by a service change, but if an outage is required, the outage will be considered Maintenance Downtime.

Customer's Obligations

The Customer is responsible for not allowing any circumvention or other interference with all reasonable security precautions relating to the QQCatalyst Service.

Reporting a QQ Catalyst Service Unavailability

In the unlikely event a customer experiences a QQCatalyst Service unavailability, and the customer believes that the cause is not related to its own network or Internet service provider, then the Customer must file a Service Report with QQSolutions in order to notify QQSolutions of the QQCatalyst Service unavailability. The Service Report can be filed with QQSolutions by email to: QQSupport@QQSolutions.com or by telephone to: 1.877.809.2509.

Upon receiving a Service Report, QQSolutions will work with the Customer to resolve the issue as quickly as possible.

Contacting QQ Solutions

For support related to the QQCatalyst Service or to open a Service Report, Customers should contact the QQSolutions Product Support Department during Regular Business Hours by visiting: QQSolutions.com or by phone to 1.877.809.2509. Additional contact information may be found at: QQSolutions.com.