By executing Service Order that incorporates this Services Level Agreement (the “SLA”) by reference (the “Order”), you (as an individual, company, business, corporation or other entity, “Customer”) accept and agree to the terms and conditions set forth in this SLA. StayNTouch, Inc., a Delaware corporation (“Company”), will provide the Platform (as defined in the Order, or the Master Terms and Conditions governing the Order (collectively, the “Agreement”) to Customer in accordance with this SLA. Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Agreement.
Company is committed to providing a highly available and secure network to support Customer. Providing Customer with consistent access to the Platform is a high priority for Company. This SLA provides certain rights and remedies in the event that Customer experiences service interruption as a result of failure of Company’s infrastructure. The overall service availability metric is 99.90%, measured on a quarterly basis.
1.Definitions:
“Available” or “Availability” is defined as when the Platform is functioning and capable of providing reasonable access to Customer, subject to the exclusions defined below.
“Downtime” is defined as the total number of minutes that the Platform is not Available, expressly excluding the time that Customer is unable to access the Platform due to any of the following:
(i) Maintenance Time;
(ii) Internet issues;
(iii) any Force Majeure event;
(iv) enhanced services, such as Third party interfaces, are not accessible;
(v) any failure in Customer’s hardware, software or network connections;
(vi) Customer’s bandwidth restrictions;
(vii) Customer’s acts or omissions; and
(viii) anything outside of the direct control of Company.
“Maintenance Time” s defined as the time period during which the Platform may not be Available each month so that Company can perform routine maintenance to maximize performance, on an as needed basis.
“Total Quarterly Minutes” is defined as the number of days in the applicable quarter multiplied by 1,440 minutes per day.
2. Maintenance:
Company will use commercially reasonable efforts to notify Customer of the date and time that the Platform will not be Available at least forty-eight (48) hours in advance (or longer if practical). Customer understands and agrees that there may be instances where Company needs to interrupt the Platform without notice in order to protect the integrity of the Platform due to security issues, virus attacks, spam issues or other unforeseen circumstances. In instances where emergency maintenance is required, Company will post the information to its website or notify the Customer via email as soon after or during the occurrence of such maintenance. In instances where preventative maintenance is needed, Company will use commercially reasonable efforts to perform such maintenance, if possible, during low peak hours.
3. Customer Responsibility Minimum Requirements:
The required configurations Customer must have to access the Platform include (at least 20mb download):
(i) an Internet connection with adequate bandwidth; and
(ii) an Internet Browser, or designated iOS app.
4. Term:
This SLA shall only become applicable to the Platform upon the later of
i) completion of the “stabilization period,” as such term is defined in the Order (if any), or
(ii) ninety (90) days from the provisioning of the Platform.
5. Measurement:
This SLA shall only become applicable to the Platform upon the later of
i) completion of the “stabilization period,” as such term is defined in the Order (if any), or
(ii) ninety (90) days from the provisioning of the Platform.
Availability is calculated based on the following formula:
A = (T – M – D) / (T – M) x 100%
AVAILABILITY | CREDIT AMOUNT MONTHLY FEE PER AFFECTED HOTEL (MAX $100 P/M/P/H) |
---|---|
> 99.50% and < 99.90% | 1% |
> 99.0% and < 99.50% | 2% |
< 99.0% | 5% |
6. Remedy and Procedure:
Customer’s remedy and the procedure for obtaining Customer’s remedy in the event that Company fails to meet the service level metrics set forth above are as follows:
7. Company Problem and Support Response Standards:
Customer must report all support cases via Helpdesk. Company offers 24X7 coverage for Priority 1 issues as set forth below. Support is available for Priority 1 issues only via Helpdesk or by calling +1 301 563-9473. Support is available 5 days a week (Monday-Friday) from 8AM to 8PM (Customer’s site local time), for Priority 2 and Priority 3 issues. Each case will be assigned a priority from 1 to 3, which is based on the following definitions:
CLASSIFICATION | CRITERIA( SAMPLE) |
---|---|
Priority 1 – Critical | The Platform is down, cannot access the system* |
Priority 2 – High | Guests cannot check in or out from Web Zest Certain actions and data fields in Rover PMS are not functional |
Priority 3 – Low | Informational cases Reporting Enhancement requests |
*The Platform is considered down, when Customer can no longer access https://pms.stayntouch.com, but is still able to access other websites such as www.google.com. If Customer cannot access either URL, the downtime is related to Customer’s network.
8. Company Response Time by Priority Classification:
Company will meet the case response requirements of this SLA if 90% of the cases opened in any given calendar quarter are responded to within the time frames for each priority:
(i) Priority 1: 1 hour response time;
(ii) Priority 2: 4 hour response time; and
(iii) Priority 3: 24 hour response time.
All such hourly periods are measured as “business hours” rather than clock hours. Please note that every effort will be made to resolve issues in a timely when based on priority as a factor of urgency and impact. Actual resolution time of all 3 priorities may be affected by delays as a result of the need to implement a corrective hot fix or researching the issue reported, which may extend resolution times.
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