Service Level Agreement

Version 8.6

Agreement Overview

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between Bridge Patient Portal (“Company”) and its customer (“Client”) for the provisioning of IT services required to support and sustain the Patient Portal software (“Product”).

This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

 

 

Goals & Objectives

The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent IT service support and delivery to the CLIENT by the COMPANY.

The objectives of this Agreement are to:

  • Provide clear reference to service ownership, accountability, roles and/or responsibilities
  • Present a clear, concise and measurable description of service provision to the CLIENT
  • Match perceptions of expected service provision with actual service support & delivery

 

 

Service Agreement

The following detailed service parameters are the responsibility of the COMPANY in the ongoing support of this Agreement.

 

Service Scope

This SLA applies only to the Product and Professional Services related to the Product, described in the Agreement or applicable Statement of Work. This SLA does not apply to any software, services, or other parts of an information technology system that are not purchased from or managed by Company.

Company will provide reasonable amount of support to attempt to identify and resolve any cloud-related issues or outages. Reasonable amount of support is defined as up to two (2) hours of support (per server outage) to address the issue.

Company will rectify service issues with the Product, except where:

  • The issue has been caused by Client’s use of the Product in a manner that is contrary to Company Training, Knowledge Base, or any other instruction issued by Company
  • Client has prevented Company from performing maintenance on the Product
  • The issue has been caused by Third Party Products

The following Services are included in this Agreement:

  • Manned telephone support
  • Monitored email support
  • Support desk / ticket system
  • Remote assistance using a Remote Desktop Protocol

Troubleshooting server outages and hosting-related errors and resuming service from server outage*

* COMPANY will provide reasonable amount of support to attempt to identify and resolve any server-related issues or outages. Reasonable amount of support is defined as up to two (2) hours of support (per server outage) to address the issue. Service Provider reserves the right to bill Client at the hourly rate listed in “Exhibit A” if the work to restore the server outage or resolve the issue exceeds reasonable amount of support time.

 

Client Responsibilities

CLIENT responsibilities and/or requirements in support of this Agreement include:

  • Use the Product as intended under the Client’s License Agreement and this SLA
  • Payment for all support and maintenance costs according to the Client’s contracted hourly rate
  • In case of a high priority alert, ensure the availability of a sufficient number of skilled Client employees to cooperate with the Company
  • Reasonable availability of Client representative(s) when resolving a service related incident or request
  • Notify Company of issues or problems in a timely and descriptive/clear manner

 

Company Responsibilities

COMPANY responsibilities and/or requirements in support of this Agreement include:

  • Meeting response times associated with service related incidents
  • Appropriate notification to Client for all scheduled maintenance
  • Best effort in diagnosis and repair of incident(s) including critical decision making in emergency situations
  • Maintain clear and timely communication with CLIENT at all times

 

Exceptions

CLIENT shall not receive any credit under the SLA in connection with any failure or deficiency of website or email availability caused by or associated with:

  1. Circumstances beyond COMPANY’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  2. Scheduled maintenance and emergency maintenance and upgrades (Note: Every effort will be made to keep downtime to a minimum during maintenance periods and, when possible, COMPANY will notify CLIENT in advance of the expected downtime. CLIENT will not be billed hourly for these maintenance periods, but these maintenance periods are not eligible for SLA credits);
  3. DNS issues outside the direct control of COMPANY;
  4. CLIENT’s acts or omissions (including acts or omissions of others engaged or authorized by the CLIENT), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, PHP,  Python, Javascript, Bash, etc), any negligence, willful misconduct, or use of the Services in breach of this Agreement;
  5. DNS (Domain Name Server) Propagation;
  6. Outages elsewhere on the Internet that hinder access to your account. COMPANY is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. COMPANY will guarantee only those areas considered under the control of COMPANY.
  7. Issues with email CLIENT configuration or performance

 

Service Management

Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.

 

Support Availability

  • Regular business hours are considered to be from 9.00 am until 5.00 pm Eastern Standard Time, Monday to Friday, except Federal U.S. Holidays and observances as defined by the U.S. Government.
  • Telephone support: will be conducted during business hours. Direct contact information will be provided for telephone support outside of business hours. However, no action will be guaranteed until the next working day.
  • Email support and Support Desk: will be monitored during business hours. Any email received outside office hours will be collected, and best efforts will be made to respond to client’s request. However, no action will be guaranteed until the next working day.
  • Support desk / ticket system: Clients provided this option are encouraged to submit a ticket, no matter if during or after office hours, via the support desk.

 

Service Availability

The Company guarantees 99.5% Uptime each month 24 hours a day 7 days a week (“Agreed Hours of Service”). Uptime is measured based on the monthly average of availability, rounded down to the nearest minute, and calculated as follows:

Uptime% = ((Agreed Hours of Service – Hours of Downtime) / (Agreed Hours of Service)) x 100%

 

Service Credits

Should uptime fall below the SLA agreed above  in any calendar month, The company will pay liquidated damages in the form of Service Credits, which are calculated as follows:

CloudConditionCalculation
SaaSUptime < 98%100% of the Monthly Hosting Fee
SaaSUptime ≥ 98% and less than 99%((99% - Uptime%) / 0.9%) x Monthly Hosting Fee x 50%

To apply for a Service Credit under this SLA, Client must submit a request to your Support contact by email, within 30 days of the end of the applicable month with the subject line “SLA Service Credit”. The request must include the dates and times of the Downtime for which Service Credit is being requested, and any additional documentation that demonstrates the claimed Downtime. Service Credits are the exclusive remedy for the company’s failure to meet its Uptime guarantee and no other or additional types of damages can be claimed, including breach of warranty. In the event there are no new invoices to be issued, the company will pay out the Service Credit to Client directly.

 

Service Guarantees

Remote assistance will be provided in-line with the above timescales dependent on the priority of the support request.

COMPANY guarantees 99% uptime (average over a 1 year period) for systems provided by COMPANY and under their direct control, protecting the system from downtime as a result of poor server configuration or poor application performance. As server is not being hosted in COMPANY’s network, COMPANY cannot be held responsible for downtime as a result of network outages, hardware failure and other issues outside of COMPANY’s control.

For systems hosted by CLIENT, COMPANY will respond to the service issue in the response time listed above, but can make no guarantee to resolving the issue in any defined amount of time.

* COMPANY will make every effort to respond to all service requests in a timely manner.

 

Emergency Situation

  1. Any work performed or calls handled outside regular business hours will be considered an emergency and billed accordingly. Bill rate, unless otherwise contracted incurs a surcharge of 50%.
  2. Services that are in need of an immediate resolution, including but not limited to server failure, software failure, e-PHI risk, that are not related to an existing project or approved work/change order, may be completed without CLIENT’s approval.
  3. CLIENT will be provided with an emergency email address and phone number, which will be forwarded to multiple parties in COMPANY’s organization.

CLIENT will be promptly notified In the event of this situation, and the COMPANY will make the best effort to identify such circumstances in order to ensure the best possible service.

 

Service Requests

In support of services outlined in this Agreement, the COMPANY will respond to service related incidents and/or requests submitted by the CLIENT within the following time frames. Resolution times are subject to the complexity and nature of the service request. Once responded to, COMPANY will make a best effort to resolve any outstanding issue(s) as quickly as possible, including performing such resolution outside of business hours.

Classification Description Response Time*
Critical Critical Business Impact-Problem or issue that renders your Patient Portal unusable (ie: offline) < 2 hours (during business hours)
< 4 hours (during non-business hours)
High Significant Business Impact-Problem or issue that DOES impact the operation of your Patient Portal or email but DOES NOT render it unusable (i.e. slow server response time). < 3 hours (during business hours)
< 6 hours (non business hours)
Low Minimal Business Impact-Problem or issue that DOES NOT impact the operation of your Patient Portal or email (i.e. maintenance requests). < 48 hours (during business hours)

 

Backups

COMPANY performs regular (daily, weekly and monthly) backups, as required by HIPAA regulations. For more information on COMPANY’s backup frequency, location and scope, please contact COMPANY directly.

 

Preventive Maintenance

Preventative maintenance, including both scalability, infrastructure and security upgrades are not to be counted as downtime and therefore receives no compensation. While most current systems provided by the Company require little, or no, preventative maintenance – a program of Preventative Maintenance activities may be carried out by a Company representative for the configured service.

 

Software Updates

As software updates become available, the Company will make such updates available to the Client at no additional charge for the duration of this Agreement. Software updates may be released either as a stand-alone product pre-release, or as part of a consolidated software maintenance release package. Failure to pay for applicable software maintenance will disqualify the CLIENT from seeking compensation for downtime for issues caused by unpatched software. This includes both software sold by COMPANY as well as relevant 3rd party software.

 

System Health Checks

The Company carry out on their behalf a program of system health checks on a scheduled basis. The primary purpose of these audits is to monitor the system performance and capacities and to notify the Client of any current or impending issues.

 

Client Requesting Reimbursement

If there is a server outage or other problem that causes CLIENT’s Patient Portal to go offline due to a problem not excluded in the Exclusions section of this agreement Company shall apply a credit of 2% of the monthly bill (SaaS license fees only) for each 30 minutes of downtime beyond the guaranteed uptime up to a maximum of 100% of their monthly bill.

Such credits shall be applied automatically by COMPANY, provided that CLIENT may also make a request by sending an email message to COMPANY. Credits for confirmed unavailability will be applied within two billing cycles after receipt of the CLIENT’s credit request. Credits are not refundable and can be used only towards future billing charges.

 

Critical and Emergency Service Requests

Clients are instructed to initiate all critical and emergency support requests by sending an email to [email protected], before creating a service desk ticket or contacting ones account and/or project manager.

 

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