Service Level Agreement

1. Contents

1. Contents
2. Technical Service Levels
3. Support Service Levels
4. Definitions

2. Technical Service Levels

2.1 Introduction

To deliver the RedEye Products and Services, RedEye operates various technical functions that consist of a technical infrastructure accessed via a web portal. This provides access for clients to the appropriate licensed Products and Services.

2.2 RedEye commits

to ensure that the products and services are available to RedEye clients. RedEye shall ensure that:

2.2.1. To deliver the RedEye Products and Services, RedEye operates various technical functions that consist of a technical infrastructure accessed via a web portal. This provides access for clients to the appropriate licensed Products and Services.
2.2.2. All client data is regularly backed-up off-site.
2.2.3. On each business day the client will be able to access any data collected in the database the previous day at an agreed time. The database will normally be updated by RedEye with relevant data at a time interval agreed with the client, however these times are not guaranteed by RedEye.
2.2.4. RedEye completes regular planned maintenance that would be considered part of permitted downtime. RedEye commits to ensure, where possible, that this planned maintenance does not prevent the client from completing tasks related to the RedEye service. The client commits to cooperate with RedEye’s requests for downtime for system maintenance.
2.2.5. From time-to-time routine maintenance and Circumstances Beyond RedEye’s Control may extend the period referred to in 2.2.3 above (Permitted Down time). Where possible the Client will be notified in advance and in any event such routine maintenance will be performed at times which RedEye reasonably considers to least impact the Client.

2.3 Third Parties

This Service Level Agreement does not apply to any part of a process governed and operated by a Third Party.

2.4 Technical Service Credits

If during a calendar month of the term of the agreement, between RedEye and the client, the actual Availability Percentage is lower than the Minimum Availability Percentage (99%), RedEye shall provide the Client with a service credit in accordance with the table below. Service credits will only be applied for Service Category “A”

Actual Availability %	System Service Credit %
> 95% but < 99%	5% of Monthly Fees
> 92.5% but < 95%	10% of Monthly Fees
> 90% but < 92.5%	15% of Monthly Fees
< 90%	25% of Monthly Fees

Any credits provided pursuant to this Agreement will constitute RedEye’s sole liability and client’s sole and exclusive remedy for any failure to achieve an Actual Availability Percentage of 99% or greater. For the avoidance of doubt credits are not due if downtime is client’s fault rather than RedEye’s. No service credit will be applied if the Client has any unpaid invoices.

3. Support Service Levels

3.1 Introduction

3.1.1. RedEye commits to ensuring that adequate support is provided to ensure full delivery of the Products and Services.
3.1.2. The support service levels outlined here are based on an evaluation of both the priority level assigned to a service (provided by RedEye) and the business impact of any incident or problem. The service priority and severity levels when combined will dictate the resolution time frames as outlined further below.

3.2 RedEye Commitment

RedEye will:

3.2.1.Take steps to escalate and resolve the issues within the timescales listed below (3,7).
3.2.2. Maintain good communication with the client at all times.

3.3 Client Commitment

The client will:

3.3.1. Notify RedEye of any issues or problems without undue delay.
3.3.2. Ensure reasonable availability of a representative(s) when resolving a service-related incident or request.
3.3.3. Maintain good communication with RedEye at all times.
3.3.4. Co-operate with reasonable requests from RedEye to assist in the resolution of the issue.

The following sections provide relevant details on service availability, severity levels, priority level of in-scope services and related components, resolution times and service credits.

3.4 Standard Service Availability

The standard service level provided by RedEye are as follows:

3.4.1. Telephone support: 9:00 A.M. to 5:30 P.M. Monday – Friday.
3.4.2. Email support: Monitored 9:00 A.M. to 5:30 P.M. Monday – Friday. Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day.

3.5 Severity Levels

The following severity levels have been established:

3.5.1. Critical Issue: The problem has resulted in a critical issue and completely prohibits the use of the service and/or system and normal operations cannot be completed as a direct result.
3.5.2. Serious issue: The problem results in serious interruptions to the service and/or system impacting normal operations.
3.5.3. Minor Issue: The problem causes interruptions in normal operations. It does not prevent operation of the service and/or system, there could be minor degradation. Does not impact actual availability, therefore no technical service credits will be applied.
3.5.4. Inconvenient: The problem results in minimal or no interruptions to normal operations. Does not impact actual availability, therefore no technical service credits will be applied.

3.6 Service Categories

RedEye has attributed a category to each service under scope. Category A represents the highest impact service; Category C represents the lowest impact service.

3.7 Resolution Times

RedEye will respond and aim to resolve service-related incidents submitted by the client within the timeframes outlined below.

Service Categories

Service	Service Category
Access to the RedEye user interface	A
Deployment of email and SMS campaigns	A
Creative Upload and Selection	B
Recipients Selection	B
Reporting	C

Resolution time levels

Service Category/Severity	Critical	Serious	Minor	Inconvenient
A	90 mins	120 mins	4 hrs	Best Effort
B	4 hrs	1 day	Best Effort	Best Effort
C	4 hrs	1 day	Best Effort	Best Effort

3.8 Measurement

Resolution times are measured using RedEye’s internal support ticketing system, which tracks all issues from initial reporting to resolution. If the client fails to raise an issue or problem via the methods stated in clause 3.9, the guaranteed resolution times do not apply to that issue.

3.9 Raising an Issue

3.9.1. To raise or log a service issue, call your Client Services Executive who will log and address the issue. Please ensure that you obtain a RedEye internal ticket number.
3.9.2. If RedEye fails to meet a resolution time, and this results in an Actual Availability lower than the Minimum Availability Percentage, then the System Service Credits set out in 2.4 will apply.
3.9.3. Any credits provided pursuant to this Agreement will constitute RedEye’s sole liability and Client’s sole and exclusive remedy for any failure to achieve the hereto service levels.

4. Definitions

Term	Definition
Availability	The ability for The Client to access to the RedEye products via a web interface
Business Day	Monday to Friday each week, excluding designated public holidays in England UK
Business Hours	9.00am to 5:30pm on a Business Day.
Client Data	Data (including without limitation Personal Data) concerning the client’s customers and (if different) users of the client websites.
Circumstances Beyond RedEye’s Control	Circumstances that RedEye cannot control, influence or remedy, such as ‘downstream’ internet issues. Service credits are not available for circumstances beyond RedEye’s control.
Downtime	Any time that RedEye products are not available through the web interface but excluding Permitted Downtime (as defined below).
Minimum Actual Availability Percentage	99% availability of RedEye Products and Service, this figure is calculated across a calendar month. “The calculation is defined as: Hours available / (Total hours in a month, less the permitted downtime) X 100”
Permitted Downtime	Any downtime required due to: Any scheduled maintenance performed by RedEye on the RedEye products or the network Problems caused by client’s or its users’ telecommunications or internet services Problems out of RedEye’s control, such as internet failures etc Problems caused by software or hardware not provided or controlled by RedEye Problems due to events outside of our control, as described in this agreement Problems due to acts or omissions of client, its agents, employees or contractors
Report	A report available to the client through the Data interface