Support and Service Level Policy

Support and Service Level Policy (“SLP”)

This SLP is incorporated by reference into the License and Lease Agreement (“Agreement”).  Terms used herein but not defined herein shall have the meanings set forth in the Agreement.

  1. Service Reliability. Support Services will be provided during normal business hours (9am to 5pm EST Monday thru Friday).  For unplanned downtime (an “Event”), SBL will assign a trouble severity code based on SBL’s assessment of the Event at the point of trouble identification.  SBL will make adjustment to the trouble severity code based on how an Event proceeds.

          “Severity 1 Error” means a catastrophic Event causing a complete one hundred percent (100%) loss of a key safety related feature of the System.  SBL will consider these events as the highest priority and shall use reasonable best efforts to respond promptly.  Status updates will be regularly provided.

          “Severity 2 Error” means a non-catastrophic Event causing a significant component of the System to fail or to perform materially different than expected, creating significant inconvenience to the Customer.  SBL will consider these events as a priority and shall use commercially reasonable efforts to respond in a reasonable period of time.  Status updates will be provided intermittently.

         “Severity 3 Error” means an Event that (a) has minimal current impact on the Customer, and (b) causes a malfunction of a non-essential System feature.  SBL will not consider this a priority and shall use reasonable efforts to respond after completing all outstanding Severity 1 Errors, Severity 2 Errors, updates, and scheduled and emergency maintenance.  Status updates will be provided when the Severity 3 Error has been fixed.

  1. Points of Contact and Escalation. If Customer experiences an Event, Customer may contact SBL’s customer support hotline at 888-652-1172 available during normal business hours or by e-mail at Support01@silentbeacon.com.
  1. Carrier and Other Service Provider Related Service Guarantees. SBL does not provide any guarantees or support with respect to any carrier or other third-party service provider.  SBL’s sole responsibility with respect to carriers and other third-party service providers will be to make commercially reasonable efforts to timely report any issues to the appropriate carrier or third-party service provider.
  1. Maintenance Management/Update Management.
    4.1     Product Modifications by SBL. SBL may modify the System from time to time to install bug fixes and required updates (as deemed appropriate by SBL).4.2      Implementation of Updates/Maintenance. SBL will ensure that any planned maintenance and update events within the System will be executed in a professional manner.  Proper execution includes advance notification to Customer by SBL.

    4.3.     Service Interruptions and Advanced Notification Requirements. SBL will provide Customer with advance notice via e-mail of all planned maintenance activities resulting in any service interruptions or possibility of any service interruption that will have a direct impact on the System.

    4.4     Emergency Maintenance. SBL shall perform emergency maintenance as reasonably necessary and will, if possible, give advance notice thereof to Customer.  “Emergency” shall mean that SBL has become aware of a problem that, if an immediate remedy is not implemented, will prevent SBL from continuing to support and provide the elements and aspects of the System,

  1. SBL will have no liability for unavailability of the System caused, in whole or in part, by Customer’s use of the System other than in accordance with the terms and conditions of the Agreement, Terms of Service or the Documentation, by any designated administrator’s operation or end user’s use of the Support Services other than in accordance with SBL’s terms of use, or for any causes beyond the reasonable control of SBL or that are not reasonably foreseeable to SBL, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures, the failure or unavailability of any services provided by third-party service providers or emergency service providers, or any inaccuracy or insufficiency in any information regarding end users.