Service Level Agreement, 2020
(Updated: October 16th 2020)
Only available for customers who have purchasedNitro Productivity Suite Team or Enterprise versions of the Licensed Products.
Subject to payment by Licensee of the associated fees these Service Level Agreements (“SLA”) for Nitro VIP Access, Nitro Services and Nitro Software will be incorporated into the Agreement between Nitro and Licensee.
1. VIP Access Program
Nitro agrees to provide:
- Product Updates as soon as they are available;
- Unlimited email support to Licensee for the Licensed Products; and
|Start Date:||Effective Date of Agreement||Hours of Support:||24 hours a day, 7 days a week, 365 days a year.|
|Term:||As per the Order Form||Support Contact||http://www.gonitro.com/support|
On boarding & Deployment Program
In order to successfully deploy, Nitro commits to providing the following:
- access to Nitro Support to guide deployment and onboarding objectives
- deployment launch-kit with deployment guides, integration instructions and getting-started
- Additional on boarding support can be provided at at current Nitro Professional Services rate (ask for rate sheet)
Nitro will provide training resources designed to support Licensee’s user-education objectives. The training resources will include access to the following components:
- Nitro’s online training library and video resources
- Nitro online knowledge base
- Nitro community forums
- Access to Nitro’s general training webinars for end-users (scheduled periodically during the year)
- Additional training support can be provided at current Nitro Professional Services rate (ask for rate sheet), including the development of materials and/or travel time. Onsite training support can be provided at current Nitro Professional Services rate (ask for rate sheet).
Adopt & Excel Program
Nitro will provide a Customer Success toolkit designed to support Licensee’s user adoption objectives. The Customer Success toolkit may include (but is not limited to) some of the following components:
- Best practices to drive adoption
- Annual user feedback survey to provide an ongoing feedback loop from Licensee to Nitro
- Additional adoption support can be provided at current Nitro Professional Services rate (ask for rate sheet)
- 24x7 global email support from Nitro’s technical support team
- Priority case escalation to Level 2 and Level 3 support engineers
2. Services SLA
Nitro has a service level objective for the Services of 99.9% availability, twenty-four hours a day, seven days a week, 365 days a year.
Availability is measured by comparing the total number of minutes that should be available to users in a given period and subtracting the time lost through downtime.
Downtime does not include:
- Occurrences caused by acts or omissions of Licensee
- Problems caused by factors outside of Nitro’s reasonable control, including force majeure events
- Scheduled Maintenance
Scheduled maintenance time does not count as downtime. Maintenance time is scheduled if it is communicated at least two full business days in advance of the maintenance time. Scheduled maintenance time typically is communicated at least a week in advance and scheduled to occur on weekends.
Nitro in its sole discretion may take the Service down for unscheduled maintenance and in that event will attempt to notify customer in advance. Such unscheduled maintenance will be counted against Uptime.
If during any calendar month during the Term the Service fails to meet the 99.9% availability and Licensee notifies Nitro in writing within thirty days after the unavailability period, Licensee will receive a credit equal as per the below table. Licensee’s sole remedy for Nitro’s failure to meet the 99.9% availability is to receive such credits.
|Uptime Percentage||Service Level Credit|
|≥ 99.7% but < 99.9%||10% of fees paid by Licensee for the subject month|
|≥ 99.5% but < 99.7%||15% of fees paid by Licensee for the subject month|
|< 99.5%||25% of fees paid by Licensee for the subject month|
3. Software SLA
Nitro agrees to provide first response times (“FRT”) and service level credits for support requests pertaining to the Software as outlined below:
|Severity Level||NPS Team Level FRT||NPS Enterprise Level FRT|
Critical (Severity 1) – Inoperable. Issue renders the Software completely inoperable and effects all users.
Example: Unable to launch or run software at all or launch results in a crash or error message that prevents usage.
|≤ 4 Hours||≤ 2 Hours|
Major (Severity 2) – Major degradation of performance. Issue materially impairs a major feature and no reasonable work-around is available.
Example: OCR, eSignatures, or some other major feature does not work, or results in error messages, but the Software otherwise functions.
|≤ 4 Hours||≤ 2 Hours|
Minor (Severity 3) – Minor degradation of performance. Issue impairs a minor feature or causes inconvenience.
Example: A minor feature is not working reliably or has performance issues, however, a work-around is available including non-use.
|≤ 4 Hours||≤ 2 Hours|
Resolution to an issue is subject to verification and reproduction of the issue by Nitro, with Licensee's reasonable assistance verifying and reproducing the Issue. Resolution(s) may include a temporary workaround, a computer or operating routine, or a Product Update supplied by Nitro. Once Nitro has resolved an issue, Licensee will be required to test and accept the fix. Nitro may choose not to resolve Minor (Severity 3) issues.
First Response Times. Nitro will ensure that the response time for all initial support requests, measured on a monthly basis, is within the First Response Times set forth in the exhibit above at least ninety-eight percent (98%) of the time. The following formula will be used for determining the actual Response Time Percentage:
First Response Time Percentage (FRT%) is defined as: “Number of initial support requests in a month with First Response Times no greater than First Response Times” divided by “Total number of initial support requests in such month” multiplied by 100
Service Level Credit. With respect to support requests categorized as Severity 1 or 2, only, should the actual FRT% for a calendar month be less than 98% then Licensee shall have the right to claim Service Level Credits as follows:
|First Response Time %||Service Level Credit|
|98% > FRT% => 95%||5% of fees paid by Licensee for the subject month|
|95% > FRT% => 92%||10% of fees paid by Licensee for the subject month|
|FRT% < 92%||15% of fees paid by Licensee for the subject month|