Welcome to ITPDX LLC!

ITPDX LLC HOSTING SERVICE LEVEL AGREEMENT

1. PAYMENT, TERM AND RENEWAL

Production Support is a Subscription-based service with an indefinite term. Production Support starts following the payment of the Fee ongoing on a monthly basis. This Agreement may be terminated by either party in writing with 30 days notice. Refunds will be given for cancellation on a pro-rata basis based on any remaining contracted service period once the customer codebase and data has been transferred off of ITPDX’s servers.

2. PRODUCTION SUPPORT DEFINITION

Production Support is problem resolution support for code and software either developed by ITPDX or approved by ITPDX for implementation on it’s servers. Some software may have limits as to the Severity of Support Cases that can be raised in case of an issue. Custom software patches will be supported when written by ITPDX staff though it should be noted that such review is considered a Consulting Service and is not included within the Production Support Service except when the patch represents an essential workaround to an existing production support case. Custom software patches may also be supported following review of that software by ITPDX staff though it should be noted that such review is considered a Consulting Service and is not included within the Production Support Service.

ITPDX will add new software components and software release levels as items become ready for Production use, in the expert technical opinion of ITPDX alone. Support may be reasonably withheld if a problem previously reported by the Customer recurs after Customer has been advised that a bug fix exists at a higher minor release level of the current software and the Customer has not upgraded for whatever reason.

3. SERVICE PROVISION

Service Initiation At the start of the service, ITPDX will open a support Account and provide details of how to contact Support and manage Cases and other details for provision of the service. ITPDX reserves the right to change this information from time to time without notice though reasonable efforts will be made to give good notice of any changes. Account holder and Named Contact will be notified of any changes to service provision.

Named Contacts The Customer is entitled to two (2) technical contacts per Account and may change these contacts at any time by requesting the alteration in writing from the Account holder specified on the Statement of Work. Named contacts will be sent updated technical information.

Servers All physical servers must be online and production ready prior to the date and time of the support incident to allow Production Support for that server. Multiple servers running on same virtual or physical machines require multiple registrations. Registration process will be provided at Service Initiation and may change over time. Customers may be requested to perform re-registration from time to time.

4. SERVICE LEVEL AGREEMENT

Upon receipt of a Case report, whether by telephone or through email, an ITPDX Support Engineer will commence efforts to verify the Case and set the Severity Level. ITPDX Customers must make every reasonable effort to confirm that any reported outages are not part of their local network. ITPDX will work with the Customer to assess the urgency of a Case and to assign the appropriate Severity Level. Having set the Severity Level, the Support Engineer will respond as soon as possible to the Customer and within the Response Time for the Severity Level. The Support Engineer will work on diagnosing and resolving the Case within the Effort Period appropriate for the Severity Level for that Case. The tables below shows the method for reporting Cases, the level of response from ITPDX to the Case report and the level of effort ITPDX will use to resolve the Case.

SEVERITY LEVELS

Severity Level Response Time Effort Period Method
Level 1 15 minutes Continues With Reasonable Breaks Phone/Email
Level 2 1 hour Up to 8 hours continuously, then during business days Phone/Email
Level 3 Next Business Day During Business Day Only Email
Level 4 Up To 1 Week Business Day Email

Each Subscription allows unlimited support incidents during any period of service. At any one time there can be no more than 1 open request for Priority Support (Levels 1-2) plus an additional 5 open requests for Standard Support. Standard Support is severity level 3 or below. Response Time for Priority Support applies only when initial contact occurs via phone on email.

RESPONSE LEVELS

Severity Level Definition Responsibility
Level 1 A catastrophic production problem which may severely impact the Customer's production systems, or in which Customer's production systems are down or not functioning; loss of production data and no procedural work around exists.  ITPDX will provide continuous support, with reasonable breaks, will be provided by Support Engineers and/or Developers to produce a work around, which may include a custom software patch. Customer will provide all required assistance and will remain fully available during continuous support period. As soon as core functionality is available or earlier if Customer is unable to provide essential assistance the Severity level will be lowered to Level 3 and a permanent Resolution developed. 
Level 2 A problem where the Customer's system is functioning but in a severely reduced capacity. The situation is causing significant impact to portions of the Customer's business operations and productivity. The system is exposed to potential loss or interruption of service.  ITPDX will use reasonable efforts during effort period to produce a solution or a work-around. If a work-around is necessary, the Support Engineer will aim to produce a work-around that is sufficient to adjust the priority level to Level 3 where a permanent Resolution will be developed.
Level 3 A medium-to-low impact problem which involves partial non-critical functionality loss. One which impairs some operations but allows the Customer to continue to function. This may be a minor issue with limited loss or no loss of functionality or impact to the Customer's operation and issues in which there is an easy circumvention or avoidance by the end user.  ITPDX will use reasonable efforts during the effort period to provide the Customer with a work- around as soon as possible balanced against higher Severity Level Cases. Having provided a work-around Support Engineers will work on developing a permanent Resolution to the Case. This may result in a Consulting Services Contract. No time limit is set for permanent resolutions. 
Level 4 A general usage question or recommendation for a future product enhancement or modification. There is no impact on the quality, performance or functionality of the product.  This Severity Level covers non- urgent problems including cosmetic issues, feature requests or information requests. Requests will be reviewed and responded to with a reasonable level of effort during normal working hours, subject to the existence of other urgent tasks which, in the opinion of ITPDX, could later effect Customer.

All responses to Support Cases will be handled remotely by ITPDX staff. ITPDX will not be able to resolve all issues, even on packages that are supported. For any supported application ITPDX will attempt to provide a Resolution which will consist of a workaround or a full solution.

ITPDX may reasonably withhold or curtail support and/or reduce the assigned Severity Level should it become clear that Customer staff have deliberately withheld information relating to the probable causes of the Support Case including but not limited to recent code deploys, additional software packages installed or events which could cause usage spikes.

ITPDX support staff are shared resources amongst customers and take every care to address customer support needs. However, should there be an event of an emergency catastrophic customer service outage, that customer(s) will take priority over lower tier support requests. We appreciate your patience during this time as the same response and priority will be applied to your business should an outage arise.

5. RESPONSIBILITIES

Customer: Customer understands and agrees that (a) the completeness, accuracy of, and extent of access to, any Customer Information provided to ITPDX may affect ITPDX's ability to provide Services, and (b) if reasonable access to Customer Information is not provided, ITPDX will be relieved from providing any Services dependent upon such access.

Customers logging into services or portals on the ITPDX hosted environment are required to change their passwords on a monthly basis. Customers are required to use a personally identifiable user account name and password tied to their individual identity.

Customers scheduling business events which may require additional bandwidth, site availability and traffic load handling must notify ITPDX staff minimum two weeks in advance in order to facilitate additional resources, contingency plans and hardware (if required).

Third party security penetration testing and third party bots will be blocked from the server should they interfere with average server response time.

In the event a server is found to be lacking the necessary resources (computer hardware) to keep up with the demands of the web site or Internet presence, the customer will be required to renew their hosting package with a multiple-month advanced payment in order to purchase a new more powerful equipment which will be owned and operated by ITPDX LLC.

ITPDX: ITPDX will make best efforts to provide nightly full backups of code and database images based upon the available resources on the server, the status of the code being used on the server and the frequency of changes to code and data on the server. ITPDX will also perform weekly off-site DB backups and occasional code backups also depending upon the status of the code being used on the server and the frequency of changes to code and data on the server.

Whenever server security is at risk due to newly announced exploits or the server requires patching to mitigate risk, these tasks will take precedence above all other development work. Where these issues affect customer's server performance they will be notified.

However in response to zero-day exploits (those exploits announced to the public before the necessary security patches are ready) and for those security risks that warrant extreme attention as determined by ITPDX staff, efforts may take place before notices are given to the customer.

Where security risks are identified within the customer's custom code and code is also under ITPDX's code maintenance purview ITPDX will take corrective action on the customers behalf and customer will be billed for labor in these efforts. Customer acknowledges they are responsible to pay for additional labor required to address security response on their behalf and on their custom code.

Where the custom code that has become a security risk is NOT under ITPDX's code maintenance purview the customer's site may be shut down without notice until adequate response from the customer is received by ITPDX to satisfy closing the identified security risk.

6. EXCLUSIONS

Consultative Support is Extra Customer understands and agrees that ITPDX does not provide open ended advice and guidance under this service. Tasks such as but not limited to software development, application bug tracing, general testing, performance tuning, architectural or design advice, schema review, partitioning review, upgrades, query review, customer code review, will be covered under Consulting Services and will be separately chargeable or reasonably refused if the customer does not accept this. Customer further understands that Consulting Services may not be available at all times of day and may require booking in advance to secure access to qualified experts.

Response Level Limitations

Uptime: ITPDX will make all reasonable effort to maintain a 99.99% uptime for their servers and Customer code. Unforeseen events such as: internet outages, force majeure, and emergency maintenance windows may impact these efforts.

Maintenance Window: Customer and ITPDX will work together to create regularly scheduled maintenance windows based on Customer's business operations and online system administration. These windows may include occasional “down time” and/or server reboots (where the Customer’s business will be unavailable on the internet) in order for work to be performed.

Server Code: Most server based code running on ITPDX’s Customer Server is Open Source. Open Source Software by it’s nature, comes with no warranties expressed or implied.

7. TERMINATION

This agreement may be terminated in 30 days in writing by either party. Refunds will be given for cancellation on a pro-rata basis based on any remaining contracted service months once the customer codebase and data has been transferred off of ITPDX’s servers. Service payments made in advance to initiate a new hosting service plan are NOT refundable as they will have been used by ITPDX to purchase custom hardware to meet the customer's specific hosting requirements.

Terms of Cancellation: ITPDX will package up database and code into tarballs and make them available for download from ITPDX servers to Customer next hosting environment. ITPDX is not responsible for finding a suitable matching environment that is compatible with Customer package re-installation. Consultative Services are available by ITPDX for assisting in migration and deployment tasks to new Customer environment for additional fees and based on ITPDX scheduling and availability.

###