During the term of the Agreement, Oasis will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage (defined below) of at least 99.9% during monthly billing cycle (the "Service Commitment"). In the event that Oasis does not meet the Service Commitment, the Customer will be eligible to receive a Service Credit (defined below) as described below.
The following definitions apply to this SLA:
• "Downtime" or "Downtime Incident" means the time in which the Platform is unavailable to the Customer as measured and determined solely by Oasis based on its servers. Downtime Incidents shall exclude: planned downtime incidents announced in-advance by Oasis, including without limitation, for periodic upgrade and maintenance; and/or any time whereOasis is awaiting information from the Customer or awaiting Customer confirmation that the Platform has been restored.
• "Downtime Period” means the number of minutes in a calendar month during which the Platform is unavailable to the Customer due to DowntimeIncident(s).
• "Monthly Uptime Percentage” means the total number of minutes in a calendar month, minus the Downtime Period, divided by the total number of minutes in a calendar month.
"Service Credit” means credit notes due to the Customer as a result of Downtime Period as detailed in the following table:
Monthly Uptime Percentage
Percentage of the monthly Subscription Fee which does not meet SLA that will be credited to future billing cycle for the Customer (in accordance with the respective Subscription Term)
Between 99.0% – 99.9% (inclusive)
10%
Less than 99.0%
20%
Service Credit Eligibility
If theMonthly Uptime Percentage is less than or equals 99.9%, then the Customer will be eligible to receive Service Credits as detailed in the table above.
In orderto receive any of the Service Credits described above, the Customer must (i)notify Oasis’ technical support team within thirty (30) days from the time on which theCustomer becomes eligible to receive Service Credits; and (ii) submit Oasis’ technical support team all information necessary for Oasis to validate the Customer's claim, including but not limited to: (a) a detailed description of the Downtime Incident; (b) information regarding the time and duration of the Downtime Incident. Failure to comply with these requirements will forfeit such Customer’s right to receive Service Credits. In addition, theCustomer must be in compliance with the Agreement in order to be eligible for aService Credit.
Maximum Service Credits
The aggregate maximum number of Service Credits to be issued by Oasis to the Customer for any and all Downtime Periods that occur in a single subscription period shall not exceed 20% of the amount due by Customer for the Platform during the applicable Subscription Term.
TheService Credits will be made in the form of a monetary credit applied to future use of the Platform and will be deducted from the Customer's next billing cycle/invoice. The ServiceCredits will not entitle the Customer to any refund or other payment from Oasis.
THE CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT ITS RIGHT TO RECEIVE SERVICE CREDITS AS SPECIFIED ABOVE CONSTITUTES ITS SOLE AND EXCLUSIVE REMEDY FOR ANY DOWNTIME INCIDENTS, UNAVAILABILITY OR NON-PERFORMANCE.
Other SLA Exclusions
The SLAdoes not apply to any: (a) features or services excluded from the Agreement (as specified in the associated Documentation); or (b) Downtime Incidents that: (i)are explicitly excluded under this SLA; (ii) are caused by factors beyond Oasis’ reasonable control (e.g. any force majeure event, Internet access or related problems beyond Oasis’ reasonable control etc.); (iii) results or outcomes attributable to repair, maintenance or modification of Oasis’ software by persons other than Oasis’ authorized third parties; (iv) resulted from accident, negligence, abnormal physical or electrical stress, abnormal environmental conditions, abuse or misuse of the Platform; (v) resulted from
use of the Oasis’ software other than in accordance with its manuals, specifications or documentation or in violation of the Agreement; (vi)resulted from Customer's equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Oasis’ direct control); and/or (vii) resulted from the combination of the the Platform with equipment or software not authorized or provided by Oasis or otherwise approved by Oasis in the software's manuals, specifications or documentation.
Customer Support Services. Oasis shall use commercially reasonable efforts to ensure that the Platform shall perform in all material respect with theDocumentation. Oasis shall, during BusinessHours, assist in the operation of the Platform and in verifying the causes of suspected errors. Oasis will use commercial reasonable efforts to respond to Customer according to the response table specified after receipt of Customer’s request for support.
Reporting Cases & Response Time
• Customer support requests should be sent by emailing Oasis’s support at support@oasis.security. Support queries sent to other Oasis email addresses will not be considered as support requests. Oasis may, at any time update the communication methods to be used in order to submit the issue to Oasis’ support team.
Support queries are prioritized by the Oasis support team who will respond to the Customer either by Slack or email or phone during the following Business Hours:
Severity
Description
Initial Response Time
Critical
(Severity 1)
The Platform is down, all functionalities are not operational and the issue is directly disrupting customer network and/or business operations - and no reasonable workaround is available
6 Business Hours
High
(Severity 2)
A major functionality of the Platform is impacted by an issue that is persistent and affects many users —and no reasonable workaround is available.
10 Business Hours
Medium
(Severity 3)
The Platform is operational, with a minor impact on functionality for some or all users, and an acceptable workaround exists.
48 Business Hours
Low
(Severity 4)
Minor issues not impacting service functionality.
4 Business Days
Maintenance
Scheduled Maintenance - To ensure optimal performance and security of the Platform, Oasis will routinely perform maintenance on a regularly scheduled basis within its published maintenance windows. Unless otherwise necessary (and subject to at least five (5) days prior notice to Customer), Oasis performs maintenance between the hours of 1:00 am and 1:00 pm on Sundays (EST).
Emergency Maintenance - Under certain circumstances Oasis may need to perform emergency maintenance.
Oasis may not be able to provide advance notice of emergency maintenance and may not be able to wait until a regularly scheduled maintenance window to perform the emergency maintenance, however Oasis will use reasonable efforts to notify Customer in advance.
Support Exclusions
The technical support described above will only be provided with respect to the Platform version which is under support, and in addition to the SLA Exclusions specified above, Oasis shall not be required to correct any error that in Oasis’ reasonable discretion resulting from:
any modifications of the Platform that have not been approved by Oasis in writing;
(a) Customer’s instructions, or installation or setup adjustments;
(b) use of the Platform other than as permitted in the Agreement;
(c) any fault in any equipment or programs used in conjunction with the Platform, or other causes beyond the control of Oasis; and/or
(d) Customer’s negligence or willful misconduct.
Customer Responsibilities
Oasis’ obligations hereunder are subject to the following:
(a) Customer agrees to receive from Oasis communications via e-mail, telephone, and other formats;
(b) Customer’s technical support contact shall cooperate with Oasis at all time during the provision of technical support and maintenance services hereunder; and
(c) Customer shall report to Oasis all problems with the Platform and shall implement any corrective procedures provided by Oasis reasonably promptly after receipt.
