The following service levels for the ARC Facilities Platform and Modules shall be provided to Client. These service levels cover both the availability of the ARC Facilities Platform and Modules as described in Section 1 below and the response times as described in Section 2 below.
1. Availability of the ARC Facilities Platform and Modules. The ARC Facilities Platform and Modules will be available 99.9% of the time. Availability will be calculated per calendar month as follows:
- "Available" or "availability" means that requests for documents are completed and documents are returned regardless of latency. Availability of the ARC Facilities Platform and Modules requires correct configuration of policies by Client. For the avoidance of doubt, the unavailability of a specific document or the unavailability of some specific features or functions within the ARC Facilities Platform and Modules, while others remain available, does not mean that the ARC Facilities Platform and Modules are unavailable.
- "Total" means the number of minutes for the calendar month.
- "Non-excluded" means unplanned downtime.
- "Excluded" means
- Planned downtime, which shall be any period for which ARC gives 8 hours or more notice that the ARC Facilities Platform and Modules will be unavailable.
- Any unavailability caused by circumstances beyond ARC's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within ARC's possession or reasonable control, and network intrusions or denial of service attacks.
2. Severity Definitions; Response and Escalation Times. Severity Definitions
|Severity Level||Severity Description|
|Severity 1 (Critical)||
|Severity 2 (High)||
|Severity 3 (Medium)||
|Severity 4 (Low)||
|Severity Level||Response Time||Escalation Time||Update Frequency|
|Severity 1||Immediate||2 hours||Continuous|
|Severity 2||1 hour||24 hours||Daily|
|Severity 3||8 business hours||5 business days||Weekly|
|Severity 4||3 business days||10 business days||Weekly|
- Severity 1 requests are responded to on a 24X7 basis.
- Severity 2 requests are responded to on a 24x7 basis, as agreed to between Client and ARC.
- Severity 3 and 4 requests are responded to during normal business hours for the region where the service request was originated.
3. Escalation by Client. In the interest of customer satisfaction and efficient case management, a "duty manager" is on call 24x7 as a resource to assist customers who may feel that the severity of their issue has not been accurately characterized, or the response has not been within the stated timelines. To expedite the resolution or elevate the severity of a reported problem, Client may contact the on-call duty manager. This can be done by calling the 24/7 global on-call duty manager contact line at 1-877-TRY-ARC1 (Worldwide). When contacting the duty manager, Client is required to provide:
- A current, active service request number
- Clear contact information in the event of call-back which includes:
- Primary contact name
- Primary contact telephone number
- E-mail information
- Alternative contact(s) in the event of unavailability of the primary contact
4. Certified Administrator. Only Certified Administrators may contact ARC for technical support. "Certified Administrator" means an employee of Client who attended and passed ARC approved training curriculum for the ARC Facilities Platform and Modules as certified by ARC. Client must have a minimum of two (2) Certified Administrators, not to exceed five (5). ARC shall have no obligations under Section 2 or Section 3 if anyone other than a designated Certified Administrator contacts ARC.
5. Disclaimers. No commitment is made under this service level agreement with respect to: (a) the ARC Facilities Platform and Modules being used in conjunction with hardware or software other than as specified in ARC's published documentation, (b) alterations or modifications to the ARC Facilities Platform and Modules, unless altered or modified by ARC (or at the direction of or as approved by ARC), (c) defects in the ARC Facilities Platform and Modules due to accident, hardware malfunction, abuse or use other than in accordance with ARC's published documentation (unless caused by ARC or its agents), (d) an evaluation of the ARC Facilities Platform and Modules or other trial provided to Client at no charge and (e) any problems or issues of connectivity due to the network or internet connection of Client. In addition, ARC shall not be responsible for any failures or omissions (i) to the extent that they result from any actions or inactions of Client or third parties, (ii) that are caused by factors outside of ARC's reasonable control or (iii) that result from the equipment of Client or a third party. THIS SERVICE LEVEL AGREEMENT IS NOT A WARRANTY. ALL SERVICES AND MATERIALS RELATED TO THE ARC FACILITIES PLATFORM AND MODULES ARE SUBJECT EXCLUSIVELY TO THE LIMITED WARRANTIES (IF ANY) SET FORTH IN THE SUBSCRIPTION AGREEMENT AND ARC MAKES NO OTHER WARRANTIES (WHETHER EXPRESS OR IMPLIED) REGARDING THE ARC FACILITIES PLATFORM AND MODULES AND RELATED SERVICES AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY FAILURE OF SECURITY, FAILURE OF BACK-UPS, LOST OR CORRUPTED DATA OR INTERUPTION OF BUSINESS. THE SOLE AND EXCLUSIVE REMEDY OF CLIENT FOR ANY BREACH OF THIS SERVICE LEVEL AGREEMENT BY ARC SHALL BE AS SET FORTH IN SECTION 6 BELOW.
6. Remedies. ARC's sole obligation and Client's sole and exclusive remedy for (a) failure to meet the uptime availability in Section 1, is that ARC will provide an extension of the then-current term specified in the subscription agreement at no charge to Client in an amount equal to 3 days of additional use and access to the ARC Facilities Platform and Modules for each 1 hour or part thereof that the ARC Facilities Platform and Modules is not available, subject to a maximum of a full month of extended use and access for any one year of subscribed services and (b) failure to meet the response times in Section 2, is that ARC will re-perform the applicable obligation.
7. Reporting and Claims. To file a claim for extension under Section 6, Client must contact support at Support@ARCFacilities.com with the following details:
- Downtime information detailing the dates and time periods for each instance of downtime during the relevant calendar month.
- An explanation of the claim made under this policy, including any relevant calculations.