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SUPPORT AND SERVICE LEVELS POLICY

SUPPORT SERVICES

Support services for the Product will be provided to End Users in accordance with the terms set forth in this Policy. For greater clarity, in certain circumstances Cirius Messaging Inc. (“Cirius”) may be the Service Provider, in which case any reference to anything provided through the Service Provider will be deemed collapsed to the direct provision of same from Cirius.

These Support and Service Levels Policy (“Policy”) is incorporated into and forms part of the End User License Agreement (“EULA”) located at [link], and applies to your use of the Services described therein.

1. SCOPE

End User support and maintenance services are described herein to help ensure that the Product functions in accordance with the End User Licence Agreement, Product specifications and Documentation. Cirius will provide (through Service Provider) to End Users Product Updates for any and all errors in the performance of the Product discovered by Cirius (or through Service Provider). Cirius will provide Product Updates (through Service Provider) in the same time period as it provides such Product Updates to its other Service Providers and/or End Users.

2. SUPPORT LEVELS

There are three (3) levels of support services. Support will be made available via e-mail and any other support contact tools employed by Cirius as set forth in Table 1 below.

2.1 “Level 1 Support” will be defined to include the following: (1) initial error determination, (2) End User software/hardware issues, (3) installation/set-up, (4) How-To questions, (4) basic error resolution, and (5) escalation to Level 2 Support if the error remains unresolved.
2.2 “Level 2 Support” will be defined to include error isolation and re-creation as well as collection of all failure information and error logs associated with the reported error from the End User installation and from internal error re-creation and related tests.
2.3 “Level 3 Support” will be defined as engineering level support to remedy the reported error.

3. SUPPORT RESPONSIBILITIES

3.1 Level 1 Support – Service Provider
3.2 Level 2 Support – Service Provider
3.3 Level 3 Support – Cirius through Service Provider

4. PROCEDURE

Service Provider will classify, or reclassify, as applicable, all errors as Severity 1, Severity 2, Severity 3 or Severity 4 in accordance with Table 1 below. In order to classify or reclassify an error as Severity 1 or Severity 2, a verifiable and reproducible test case must be provided. Cirius will use reasonable efforts to correct such errors in accordance with the procedures, and to achieve resolution of such errors within the target timeframes, all as set forth in this Section and Table 1.

For all inquiries regarding system status, upgrades, and Level 1 Support, Level 2 Support and Level 3 Support incidents, Service Provider must email support@secure-messaging.com during normal business hours, or for emergencies call 1.888.362.4520 or +44 (0) 782 785 6181 in Europe and ask for “Emergency Support”.

TABLE 1

The following table shall define severity levels (in addition to those definitions that may be agreed upon in writing by the parties from time to time), the service objective, and the resolution time for defects and errors. Cirius will, after initially responding to any reported defect, periodically update Service Provider on the status of the defect.

Severity Definition Service Objective Resolution Time
1 Product or hosted product is not operational and all data inaccessible. Data flow is completely stopped resulting in critical impact to the End User’s data.  No workaround is available. End User will require continuous availability of Cirius contact until resolution of the error. For emergencies only outside of Cirius normal business hours, emergency platform (such as the application appears to be down for other reasons than poor internet connectivity, etc.), Service Provider sends an email to support@secure-messaging.com or via phone to 1.888.362.4520 ext. 799 for emergencies. This email address and phone number are monitored 24 hours a day/7 days a week. Resources will be applied continuously until a solution or an acceptable workaround or fix is developed. Hosted product: Response time: 20 mins.

Resolution time for non-scheduled maintenance:

Immediate continuous efforts until resolution of the error.

 

Product:

Response time: 20 mins.

Resolution time: 8 hrs of Cirius successfully reproducing the error using the supplied test case.

2 Product is operational, but code changes are required in order to have a complete solution.  End User still has access to secure messages through Webmail however may have some limited functionality through other applications. No workaround is available in the affected applications.

 

Cirius resources applied continuously, during normal business hours, until a workaround or fix is developed. Response time: 1 hr.

 

Resolution time: Within five (5) business days of Cirius successfully reproducing the error using the supplied test case.

3 Product is operational with functional limitations or restrictions that are not critical to the overall End User operations. Cirius resources applied on an as available basis until a work-around or fix is developed. Response time: 1 hr.

 

Resolution time: Next update or upgrade released by Cirius within 90 days.

4 Low or no impact errors with Product usage, implementation, performance or any other inquiries. Answer generic questions or provide path to answers within reasonable time frames.   Update or upgrade requests will be reviewed and implemented in the next update or upgrade release, where feasible, or to meet specific commitments made. Response time: 24 hrs.

 

Resolution time: Within fifteen (15) business days for generic questions.  Update or upgrade requests are processed on a case-by-case basis.

SERVICE LEVELS

Service level guarantees for the Product will be provided by Cirius to Service Providers or direct contracting clients only, and are not extended directly to End Users in accordance with the terms set forth in this Policy.

5. NETWORK UPTIME

Cirius shall provide 99.9% network uptime for the Cirius operated Product over each contract year. Should access to the Cirius operated Product through the Internet become unavailable for a sustained period of one hour or more, Service Provider shall receive a refund equivalent to one day of every affected Service Provider Pro User’s pro-rated charges for that month for every full hour of downtime to the extent that such downtime falls below such 99.9% guarantee. All refund calculations shall be based on unavailability in one-hour increments. This SLA does not cover outages caused by equipment and/or events not under the direct control of Cirius, including any third party hosting service, or caused by individuals not directly employed by Cirius. This provision does not cover outages due to scheduled or emergency network and/or facility maintenance, which shall be broadcast to all Service Provider at least 7 days in advance for planned maintenance and as soon as practicable (using commercially reasonable efforts to provide 24 hours’ notice) for emergency maintenance, including maintenances deemed non-disruptive. This provision does not cover outages or downtime where the Internet from the Pro User to the Cirius operated Product is unavailable or where the cause is due to a loss of connection from the Pro User or the Pro User’s service provider.

Any and all refunds to Service Provider, whether under this or any other guarantees described in this Policy, shall not exceed 50% of each impacted Pro User’s total monthly charges for that month. No refund is available for latency or interrupted services where the circumstances are beyond Cirius’ control or for acts of God, earthquake, fire, flood, denial of service attack, etc.

6. PERFORMANCE GUARANTEES

Cirius shall maintain its network in such a manner as to provide to Service Provider and Pro Users the best possible performance of the Cirius operated Product. In order to achieve this Cirius makes the following guarantees to Service Provider:

The internal Cirius network shall have an average latency of not greater than 1ms over a period of greater than one hour
If the average latency, within the internal Cirius network, is greater than 1ms for a sustained period of one hour or more, then Service Provider shall receive a refund equivalent to one day of every affected Pro User’s pro-rated charges for that month for every full hour of downtime. If the average latency, overall, is greater than 5ms for a sustained period of one hour or more, then Service Provider shall receive a refund equivalent to 10% of every Pro User’s pro-rated charges for that month for every hour of downtime.

7. OPERATIONS GUARANTEES

The Cirius network is monitored twenty-four hours a day, seven days per week from Cirius Operations Centers. Service outages automatically trigger alarms that are processed and resolved by Cirius technical staff. A problem ticket is opened in the trouble ticketing system for alarms that cannot be resolved immediately. Established escalation procedures based upon the severity of the problem are used to direct the issue through the operations and / or development organizations. Cirius operations can be contacted directly by phone or through email. Cirius data centers are located at facilities that provides 24-hour physical security, palm print and picture identification systems, redundant electrical generators, redundant data center air conditioners, and other backup equipment designed to keep servers continually up and running.

The network perimeter is protected by multiple firewalls and monitored by intrusion detection systems — all sourced from industry-leading security vendors. Regular monitoring of firewall logs proactively identifies security threats. Inside of the perimeter firewalls, the systems are safeguarded by network address translation and port redirection.

Cirius enforces tight operating system-level security by using a minimal number of access points to all production servers. Cirius protects all operating system accounts with strong passwords, and production servers do not share a master password database. All operating systems are maintained at each vendor’s recommended patch levels for security and are hardened by disabling and/or removing any unnecessary users, protocols, and processes.

Database access is controlled at the operating system and database connection level for additional security. Access to production databases is restricted to a limited number of points, and production databases do not share a master password database.

All Pro User data is stored on carrier-class disk storage using RAID disks and multiple data paths. All Pro User data is owned by the Pro User.

In addition to the above performance guarantees, Cirius will take all possible measures to insure Pro User traffic reaches the Cirius operated Products in a timely fashion comparable and within reason to any other SaaS product provider. These measures include the manipulation of routing tables so as to direct product access to using its best possible upstream link.

This SLA does not apply to situations where a Pro User is in violation of Service Provider’s EULA. Use of the Product constitutes acceptance of this SLA. This SLA may be updated at any time by Cirius with the written consent of Service Provider. Such modifications may include, but are not limited to, upgrades to the network and network components.

8. GENERAL

The parties agree that it is Cirius’ responsibility to monitor the guarantees given in this SLA, though it may act upon information received from Service Provider in that regard. Service Provider may not undertake any automated monitoring, probing, or testing of the Cirius systems or services in order to determine compliance herewith or to detect outages without Cirius’ prior written consent. The purpose of obtaining such consent is to ensure that the methods proposed by Service Provider to such testing do not unduly interfere with the operation of Cirius’ systems and services. For greater certainty, any such unauthorized monitoring by Service Provider (or any Reseller, Pro User or End User licensed to use the Product directly or indirectly through Service Provider) of Cirius’ systems or services will constitute a material breach of this Agreement.

9. CHANGES TO THE TERMS

Cirius may make changes to the Policy from time to time, without notice to you. When such changes are made, Cirius will make a new copy of the Policy available by publishing the updated Policy through the Services.

You understand and agree that you are responsible for regularly reviewing the Policy in order to obtain timely notice of any such updates, and that by continuing to use the Services after the date on which the Policy has changed, you will be deemed to have accepted any changes to the Policy.

Last Updated: May 18, 2016