Service Level Agreement
Performance Levels under SLA
This CNS Service Level Agreement (“SLA”) governs the use of the CNS API pursuant to the terms of the CNS Terms of Service (“TOS”) between CNS Inc. (“CNS”, “us”, or “we”) and any user of the CNS API (“you”, “your”, or “Customer”). To the extent you have more than one CNS account, this SLA applies to each CNS account individually. Except as otherwise set forth in this SLA, this SLA is subject to the terms of the TOS and capitalized terms have the meaning specified in the TOS. CNS reserves the right to change the terms of this SLA in accordance with the TOS.
Baseline Operations Period
CNS’s objective is to consistently meet designated SLAs. The SLAs will be validated during a baseline operations period to occur during a period of 60 days (2 months) after the end of transition and the establishment of steady-state operations.
During the baseline operations period, should a specific SLA be found to not meet the expected level, Client and CNS will develop a plan to identify and correct the reasons the SLA is not being attained. The client and CNS will mutually agree to the implementation of such a plan to achieve SLAs. For an environment that was not implemented but supported by CNS under this agreement.
Definitions for Performance SLA
- “Baseline Operations Period” means a period of 60 days after the end of the transition
- “Steady-State Operations” means a period after Baseline Operations i.e; period beyond 60 days after the end of the transition
- “Monthly Uptime Percentage” means the difference between 100% and the percentage of Unavailable Time for the applicable month.
- “Service Credit” means a dollar credit, equal to 10% of your usage fees in the month in which the Unavailable Time (as defined below) occurred, that Twilio will credit back to an eligible Twilio account.
- “Unavailable Time” means the Twilio API for the applicable product is not available for use, as measured in continuous 5-minute increments. Unavailable Time does not include any unavailability resulting from any Exclusion (as defined below).
- “Remote Response Time” means the time taken by CNS to formally acknowledge an issue ticket and initiate the investigation. Please note: If the onsite resource allocation is necessary, the priority and severity timers will be paused
- “Remote Resolution Time” means the time taken to restore the services or to complete the ticket requirements. The resolution shall be deemed complete in whichever case of being done through a permanent solution or a temporary workaround and/or root causes unknown.
Following is the monthly uptime commitment for the CNS contact Center Platform and the corresponding service credit penalty in case the uptime drops below the mentioned level.
|Monthly Uptime Percentage||Service Credit|
|<99.5%||10% maintenance fees credit.|
This essentially means that as long as the supporting infrastructure provides satisfactory connectivity, the CNS contact center platform will also be up and running with monthly uptime of 99.5%.
All other things concerning the connectivity itself are governed by the below-mentioned response and resolution times
The following table shows the targets of remote response and resolution time corresponding to each severity level of the issue:
|Severity||Definition||Response Time||Resolution Time|
|Severity 1||An existing environment is down or there is a critical impact to end-user business operation. Classification requires that a majority of users are impacted at a contracted site. End-user/customer and CNS will commit full-time resources to resolve the situation.||Within 2 hours||ASAP – Best Effort|
|Severity 2||Operation of an existing environment is severely degraded or significant aspects of end user business operation are negatively impacted by unacceptable environment performance. End user/customer and CNS will commit full-time resources to resolve the situation.||Within 4 hours||ASAP – Best Effort|
|Severity 3||Operational performance of the environment is impaired but most business operations remain functional. End user/customer and CNS are willing to commit resources during standard business hours to provide information and assistance as requested.||Within 24 hours||ASAP – Best Effort|
|Severity 4||Information is required on contracted capabilities, installation, or configuration. There is little or no impact to end user business operation. End user/customer and CNS are willing to provide resources during standard business hours to provide information or assistance as requested.||Within 48 hours||ASAP – Best Effort|
The table below shows the target Service Levels for different issues category:
Table 1 – Critical Remote Monitoring Services, Service Level Agreement Definitions
|Issue Category||Measurement Window||Service Level Objective||Attribute||Description|
|Sev. 1 & Sev. 2||24X7X365||90.0%||Target Response Time|
Satisfied when a CNS resource has acknowledged receipt of the ticket and has initiated initial investigation. Note– if onsite resourcing is deemed necessary – priority/severity timers
will be paused and the onsite obligations stated subsequently in this document become germane. See appendix A for response time targets based on severity.
|Sev. 3 & Sev. 4||24X7X365||90.0%||Target Response Time||Satisfied when a CNS resource has acknowledged receipt of the ticket and has initiated initial investigation. Note– if onsite resourcing is deemed necessary priority/severity timers will be paused and the onsite obligations stated subsequently in this document become germane. See appendix A for response time targets based on severity.|
|Sev.. 1 & Sev. 2||24X7X365||85.0%||Target Response Time||Satisfied when CNS resource has restored service and completed ticket. Resolution shall be deemed satisfied immediately upon restoral of necessary service or functionality. Should the restoral be met via a temporary workaround and/or root cause remains unknown – resolution of the incident shall be considered complete – and a problem ticket will be created for the purpose of root cause/permanent solution investigation. See appendix A for resolution time targets based on severity.|
|Sev.3 and Sev. 4||24X7X365||85.0%||Target Response Time||Satisfied when CNS resource has restored service and completed ticket. Resolution shall be deemed satisfied immediately upon restoral of necessary service or functionality. Should the restoral be met via a temporary workaround and/or root cause remains unknown – resolution of the incident shall be considered complete – and a problem ticket will be created for the purpose of root cause/permanent solution investigation. See appendix A for resolution time targets based on severity.|
CNS Co-operators and engineers maintain the right to pause response/completion times during events in the following instances:
- Critical information is necessitated from the Client help desk, case contacts, or end-users
- Vendor/manufacturer case review
- Vendor/manufacturer identified hardware defect awaiting parts replacement
- Vendor/manufacturer identified software defect that is awaiting either resolution or necessitates software upgrade that enters a pending state
Failure to attain defined service level targets are as defined in Table 1 will be deemed as failure to meet stated SLA’s and will be communicated to the Client’s single point of contact and stakeholders for resolution and improvement plan.
Service Level Failures
An SLA Failure will be deemed to occur when CNS’s level of performance for a particular SLA fails to meet the minimum performance level identified in Table 12A
SLA Failures are validated according to the following steps:
- Data/Statistics are provided for services by CNS or Client
- Review of monthly SLA report
- Resolution and Validation Process: Client and CNS managers meet to resolve differences regarding service event management/resolution and/or service event classification. If first-line managers cannot agree on event status/outcome, these events will be escalated according to the Dispute Resolution Process.
Service Level Agreement reports will be produced monthly and delivered within 5 business days of the last day of the month passed to all parties (CNS internal management and stipulated Client contacts). In addition – bi-annual stewardship reports/review – detailed subsequently in this document – including Service Level Agreement adherence captures. However, these will be provided only if asked by the client in writing.
Service Level Exclusions
CNS may not be required to adhere to SLAs to the extent that its failure to meet SLAs is caused by the following exclusions:
- Requirements elicitation pending for inputs from CF
- Time is taken by CF in approval and sign off
- Delays or problems arising because of incorrect usage practices or user understanding related issues
- Delays or problems arising because of the issues at the interacting environment end
- Issues arising in the Default Flex and not developed by CNS
- Issues derived from new development or deployment in the network are excluded from SLA, as they must be addressed by project scope
- CNS resource constraints because of Client reprioritization or change management process
- Delays encountered because of the repair of non-supported hardware and software
- Delays caused by Client availability or inaccurate contact information
- Time while the request is awaiting resolution at Client, OEM or any relevant third-party Hold for hardware or software related resolutions
- Events outside the control of CNS, including but not limited to, acts of God, riots, the act of terrorism
- Time the Service Event is kept in Customer-deferred status (the time when the end-user is unavailable for service) may be excluded, at CNS discretion, from SLA calculation.
- CNS not being properly notified by the Client for new technologies being introduced into the environment. Notification must occur prior to release of the application into production and mutually agreed through the Change Management Process
- Any act or omission by Client, Client Agents (including Third Party suppliers) that CNS reasonably believes is a cause of SLA Failure(s)
- A failure by Client to perform responsibilities as specified in Section 16 that has an adverse impact on CNS meeting the SLA
- An action by CNS, directed by Client, that CNS reasonably believes will be a cause of an SLA Failure(s), and performed by CNS in accordance with Client’s instructions
- Accidental or intentional damage to equipment by Client employees/agents/third parties
- Client’s failure to comply with the Change Management Process set forth in Appendix E
- Unavailability of access to the office or workspace
- Product obsolescence where the manufacturer has defined the product as obsolete or no longer supports it
- Unavailability of parts, products, end-user, wiring/cabling
- Negligent or willful misconduct of Client, its subcontractors, officers, directors, employees, contractors, agents, or end-user.
- Events in respect of which CNS is exempt from performance pursuant to this Agreement
- For equipment physically located on Client premises, or under the operational control of Client, events caused by the following conditions, provided the condition is not directly attributable to the actions of CNS, CNS personnel, or CNS subcontractors:
- Electric power outage or electrical power aberrations (beyond the manufacturer’s specifications) at the power input of the equipment
- Fire, flood or vandalism;
- Environmental conditions, except in cases where CNS has responsibility for the maintenance and operation of such environmental conditions; and
- Outages during scheduled maintenance windows pursuant to the Procedures Manual.
- SLAs will not apply to Client third-party contractors as it relates to the SLA section of this Agreement.
- SLA will not apply to the maintenance of third-party support contracts for applications and any related hardware. SLA will consequently not apply to the resolution of any hardware failure, bugs or issues associated with third-party support contracts
- After onboarding and for a period of up to 14 days during the handoff from Professional Services to the SMARTcentre for any significant upgrade.
- All of the above and anything beyond the control or influence of CNS
CNS shall provide documentation for all events that qualify for exclusion from the SLA attainment calculation; such documentation shall show the reason for said exclusion. Anything beyond the CNS scope and control is to be excluded as well.
PLEASE NOTE: CNS HAS AN EXCLUSIVE AGREEMENT FOR PAYMENTS. IF THE CLIENT AVAILS PAYMENT SOLUTION THEN THIS AGREEMENT IS ENFORCEABLE.