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Service Level Agreement

The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond the Company’s control will also be excluded from any such calculation. Customer’s sole and exclusive remedy, and Company’s entire liability, in connection with Service availability, shall be that for each period of downtime lasting longer than four hours, Company may credit Customer 5% of Service fees for each period of 60 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, the Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. The company will only apply a credit to the month in which the incident occurred. The company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of the Company to provide adequate service levels under this Agreement.

1. General Standards

A.  Quality

InsuredMine will use its best efforts to ensure that the Software is fully functional and free of omissions and other Errors that would impact Customer’s ability to utilize Software services in full.

B.   Stability

The processes, deliverables, services, etc. and all other Specifications contained in this Exhibit B and the Agreement shall not be changed unless otherwise mutually approved in writing by the Parties.

C.  Advance Warning

InsuredMine will use commercially reasonable efforts to provide at least fifteen (15) days advance notice (via email) of specific impending bug fixes, hot-fixes, Error correction that applies to the Services.  In order to maintain working connections with the clients, InsuredMine pushes bug fixes, enhancements or corrections as required on a daily basis.

D.   Complete Support

InsuredMine will provide reasonable Support Services for the Services, needed to meet its obligations pursuant to this Agreement, including any issues that InsuredMine may not predict and/or forecast as of the Effective Date of this Agreement. Company will provide Technical Support to Customers via electronic mail on weekdays during the hours of 9.00 am – 5.00 pm PST “Support Hours”. However, Customer may initiate a helpdesk ticket 24/7 by emailing at support@insuredmine.com callbacks subject to the issue Category as detailed below.  Customer will receive calls and will escalate issues reported by its customers to InsuredMine as needed.

2. Standards, performance, technical support, and error correction

A.  Overview

This section describes InsuredMine’s process for handling technical support and error correction requests.  InsuredMine will cooperate with Customer in order to facilitate InsuredMine’s provision of the Services and Support Services.  The provisions herein are in addition to and not in lieu of any similar provision elsewhere in the Agreement.

B.   Bug tracking and Repair

Questions and problems with the Services will be reported to Customer via published channels, either email or phone.  Email is preferred so problems will be logged automatically and also easily distributed to the engineering team.  Customer communications which are clearly product problems (as opposed to simple questions about product use) are assigned internal tracking sequences by InsuredMine, which can be reported to the customer for their use.  Problems, omissions, inaccuracies, and/or bugs in the Services will be communicated to InsuredMine by Customer and be fixed by InsuredMine either with a workaround or a hotfix delivered as a patch/bugfix release (based on the category level for the specific problem, omission, inaccuracy, and/or bug). For avoidance of doubt, while InsuredMine will use best efforts to permanently address Errors in the next delivered release, problems, omissions, inaccuracies, and/or bugs in the Services will be corrected by InsuredMine based on the category level for the specific problem, omission, inaccuracy, and/or bug, which may require a problem resolution, hotfix, or bug fix in the interim to any release of the Services.

C.   Error Correction and Support.

InsuredMine will provide support to Customer according to the policies described below.  InsuredMine will have no obligation under this Agreement to provide any service to or respond to any requests from Customer’s customer end-users.  Problem reports should be reported using the established email support lines or in the case of Crisis problems by phone to the InsuredMine support contact (as listed below).

InsuredMine will provide all Support Services during regular business hours Monday through Friday, excluding company holidays observed by InsuredMine. Customers will use either email or telephone to contact InsuredMine with initial support incident reports and subsequent follow-up, and InsuredMine will respond either by email or telephone. InsuredMine will track reports and progress in a Customer support database.

To help assist with this process, for example (and by way of illustration and not limitation), Customer will:

  1. Promptly notify InsuredMine when it believes that a problem requiring technical support and/or error correction has arisen.
  2. Cooperate with InsuredMine with respect to troubleshooting and/or resolution of the problem.
  3. Furnish InsuredMine with such relevant information as InsuredMine may reasonably require in order to provide technical support and/or error correction.
  4. In the event that both Parties deem an issue to be unsolvable by telephone or by other remote means, and it is necessary for InsuredMine to travel to Customer to work on it, Customer agrees to reimburse all reasonable travel and lodging expenses incurred by InsuredMine in traveling to Customer facilities in order to fulfill its Support obligations hereunder.

E.  Problem Resolution and Technical Support.

Problem resolutions will consist of either a workaround that is reasonably acceptable to the Customer or a permanent solution.  Problems that require a permanent solution will be considered resolved when the reproducible test case used to demonstrate the Error demonstrates the corrected behavior.  Permanent solutions that result in an Upgrade of the InsuredMine program will be permanently resolved in a new release of the InsuredMine program.  A workaround will be replaced with a permanent solution in the next Upgrade.  The following severity schema defines time frames for responses, status reporting and resolution of escalated problems:

Severity Schema

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