Service Level Agreement
Last modified date: May 1, 2024
The Parties agree that maintenance and support services that Client obtains from EstateSpace, Inc. (“EstateSpace”) with respect to the Software as a Service (“Software”), shall be provided by EstateSpace according to the following terms:
1. Definitions
As used in this Service Level Agreement:
“Support hours” means EstateSpace will provide support to Client for the Software as specified in Support Plan below. Client may contact EstateSpace via telephone and email 24x7x365 for incidents of Non-conformity Class Critical as defined in Section 4 below.
“Incident” means a reported deviation in the Software that affects Client use of the Software and where the Software does not fulfill EstateSpace’s documentation or EstateSpace’s instructions how to use the Software. EstateSpace will confirm the reported deviation with an identification number that shall be used in all further communication between the Parties regarding the deviation.
“Resolution” has the meaning set forth in this Service Level Agreement as specified in Resolution below.
2. General Terms
The support services are limited to the resolving of functional and technical issues related to the Software. End User support is not included in the support services.
Client must be current on payments for all support fees under the SaaS Terms and Conditions in order to receive support services. Support services begin as of the Effective Date of the Client subscription and continue so long as client remains in financial good standing.
Support services in accordance with this Service Level Agreement requires that Client provides proper connectivity mechanisms to enable EstateSpace’s staff access to any Software system environment for which an issue is raised.
3. Support Plan
Support during Support Hours will be provided by EstateSpace via in-app support, email, and telephonic channels. Authorized named Client contacts are the only persons that may contact EstateSpace for support.
4. Non-Conformities
EstateSpace uses the following non-conformity classes of Incidents. EstateSpace’s schedule of classes of non-conformities are included below:
Critical
Any condition in the Software that renders the service or operation of the Client Product unusable or inoperative and is due to non-conformance of the Software with EstateSpace’s documentation.
Major
Any condition in the Software that results in degradation of routine service or operation of the Client Product and is due to non-conformance of the Software with EstateSpace’s documentation.
Minor
Any condition in the Software that is not a Critical or Major Incident that affects the service or operation of the Client Product and is due to non-conformance of the Software with EstateSpace’s documentation. Without limiting the generality of the foregoing, Minor Incidents shall also include any defects or inaccuracies in the EstateSpace’s documentation.
EstateSpace reserves the right to de-classify the non-conformity class of an Incident, in its sole discretion, if it determines the Incident to be of a lesser or more acute non-conformity class.
5. Response Times
EstateSpace’s response time within Support Hours and the timeframe of a Resolution for Incidents are as set forth below:
Critical
Response time: 12 hours
Resolution time: 3 days
Major
Response time: 1 day
Resolution time: 10 days
Minor
No commitment
No commitment
*The time for resolution shall be counted from the point in time when EstateSpace has received sufficient information from Client to reproduce the deviation in EstateSpace’s own environment for the Software, including but not limited to log files from the Software, detailed description of the deviation and description how the deviation can be verified/reproduced including commands and procedures. The specified response times are targets for scheduling activities to resolve the issue but are subject to be shorter or longer depending on the scope of resolution.
EstateSpace’s obligation to remedy an Incident shall not apply in the event of:
- alteration (local or otherwise) having been made to the Software other than by EstateSpace or with its written consent;
- use of the Software in a manner inconsistent with the EstateSpace’s documentation or EstateSpace’s instructions on how to use the Software;
- failure in third-party hardware or networks/infrastructure, software, or services not within EstateSpace’s reasonable control;
- failure by Client to install Updates;
- willful or negligent acts or omissions of the Client; and
- any “Force Majeure” event or other circumstance beyond EstateSpace’s reasonable control, including acts of God or nature, action, or inaction of any governmental or quasi-governmental body, war, insurrection, sabotage, embargo, fire, or strike or other labor disturbance.
If it is determined that the requirement to provide Support is due to any of the above, EstateSpace shall be entitled to recover from Client the cost of investigating the incident.
What is stated in this Service Level Agreement is EstateSpace’s sole and exclusive obligation with respect to any non-conformity within the Software.
6. Resolution
Resolution is defined as EstateSpace (i) providing a reasonable solution to the Incident; (ii) providing a reasonable workaround to the Incident; or (iii) determining, in its reasonable judgment, that the Incident is an enhancement request. For those Incidents, which have been determined to be product bugs, such defects will be addressed in a generally available update as scheduled by EstateSpace as soon as commercially reasonable. Severe bugs, which fall outside of the scheduled maintenance release, will be evaluated for correction on a case-by-case basis.
