Service Level Agreement

 

Bloomreach Search, Merchandising, Insights and Pathways

We have updated Service Level Agreement. If You are a new Subscriber, then this Service Level Agreement will be effective as of May 6, 2019. For a prior version of BloomReach’s Service Level Agreement, click here.

This BloomReach Service Level Agreement (“SLA”) sets forth the service level terms and conditions for the BloomReach Search Merchandising, Insights and Pathways product(s) provided by BloomReach to Customer during the term of the applicable Sales Order and Master Services/Subscription Agreement between BloomReach and Customer (“Agreement”) and is subject to such Agreement.  Capitalized terms not otherwise defined in this SLA have the meanings given in the Agreement.

 

1. Availability, and Internal Response Time.

BloomReach will use commercially reasonable efforts to (1) make BloomReach serve API requests (defined as calls to BloomReach servers that return data needed to render the whole or part of the Customer’s Site) with an uptime of  99.9% during each calendar month as measured and verified by Gomez Networks or other mutually agreed third-party monitoring agents (“ Search & Merchandising Availability”) (2) make the average time recorded from (a) the moment upon which an API request (initiated by a non-automated visitor to the Site) has been received by BloomReach servers to (b) the moment that a responding message is sent from BloomReach servers of no greater than 400 ms  during each calendar month, as measured by BloomReach (“Internal Response Time”) and (3) make the BloomReach dashboard and Insights available at least 99% of the time in any calendar month (“Dashboard & Insights Availability”).

  

2. ExclusionsAvailability and  Internal Response Time shall exclude, and BloomReach shall not be responsible for, any unavailability which occurs as a result of due to: (a) changes made to Customer Site(s) after initial implementation that cause the BloomReach product to cease working or to function improperly; (b) general internet problems, force majeure events or other factors outside of BloomReach’s reasonable control; (c) Customer’s equipment, software, network connections or other infrastructure; (d) non-production traffic (e.g. load testing, internal account traffic ); (e) development, testing, accepting or other non-production environments; or (f) third party systems, acts or omissions. 

 

3. Service Credits.  

(a) If there is a verified failure of the applicable BloomReach product to meet Search & Merchandising, Availability, Internal Response Time or Dashboard & Insights Availability in a particular month and Customer makes a request for a service credit to sla@bloomreach.com within ten (10) days after the end of such month, Customer will be entitled to a credit based on the monthly fees due for the affected BloomReach product in such month (“Service Credit”). The Service Credit will be calculated as follows: 

 

Availability
(Search, Merchandising & Pathways)

 

Service Credit

(% of monthly fees)

 

Internal Response Time
(Search, Merchandising & Pathways)

Service Credit

(% of monthly fees)

 

Dashboard & Insights Availability

Service Credit

(% of monthly fees)

≥ 99% but < 99.9%

10% of Monthly Fees

 

≥ 400 ms but < 600 ms

10% of Monthly Fees

 

≥ 97% but < 99%

5% of Monthly Fees

≥ 98% but < 99%

20% of Monthly Fees

 

≥ 600 ms but < 1 second

20% of Monthly Fees

 

≥ 97.01% but < 96.01%

10% of Monthly Fees

< 98%

30% of Monthly Fees

 

≥ 1 second

30% of Monthly Fees

 

< 96%

15% of Monthly Fees

 

(b) BloomReach will apply each Service Credit to Customer’s next invoice, provided that Customer’s account is fully paid up, without any outstanding payment issues or disputes.  Should a Service Credit be earned in the final month of a Services Term provided to Customer, BloomReach will apply the credit against outstanding amounts due to BloomReach under this Agreement, and if no amounts are due, BloomReach will refund the credit amount to Customer.

 

4. Recurring Outage.

If the average monthly availability of the applicable BloomReach product is less than 99% for Search and Merchandising or 97% for Dashboard & Insights for any two (2) consecutive months (a “Recurring Outage”), Customer may terminate the Services Term for the affected BloomReach product with written notice to BloomReach and such termination shall be effective as of the end of the calendar month following the month in which the Recurring Outage occurred, provided that Customer has given written notice within 10 days from the Recurring Outage, and shall be without liability, except all payment obligations incurred through the date of termination will remain due and payable. Only unavailability for which Customer is eligible for and has requested a Service Credit pursuant to Section 3 above to sla@bloomreach.com will be counted towards a Recurring Outage.   For the avoidance of doubt, termination of the Services Term for the affected BloomReach product pursuant to this SLA does not affect any other Services Terms for BloomReach products in effect between the parties. In the event a BloomReach product is terminated by Customer due to a Recurring Outage, then BloomReach shall refund to Customer the pro-rata portion of any amounts actually paid to BloomReach for unused BloomReach product that is being terminated that correspond to periods following the effective date of such termination.  

 

5. Exclusive RemediesService Credits constitute liquidated damages and are not a penalty. Service Credits and termination for a Recurring Outage, as applicable, are Customer’s sole and exclusive remedies, and BloomReach’s sole and exclusive liability, for BloomReach’s failure to meet the Search and Merchandising Availability, Internal Response Time or Dashboard & Insights Availability.

 

6. Customer Support.

BloomReach offers support services for the BloomReach products (“Support”) in accordance with the following terms.

  1. Incident Submission and Customer Cooperation.  Customer may report errors or abnormal behavior in a BloomReach product (“Incidents”) by contacting BloomReach at the applicable email or phone number specified below. Customer will provide information and cooperation to BloomReach as reasonably required for BloomReach to provide Support, (for example: aspects of the BloomReach product that are unavailable or not functioning correctly; Incident’s impact on users; start time of Incident; list of steps to reproduce Incident: relevant log files or data; wording of any error message; and Incident ID# (when specified by BloomReach). 
  2. Support Hours and Incident Response.  BloomReach’s Support personnel will assign a priority level (“Priority Level”) to each Incident and seek to provide responses and updates based on the table below.

 

Priority Level

Description

Contact Number/

Email Address

Target Response Times

P 1

BloomReach API is down, and is not responding to requests or serving content, which is causing critical impact to business operations; no workaround available.

888-263-3917

urgent@bloomreach.com

Standard
 Support

Premium Plus Support

30 minutes
24x7

20 minutes
24x7

P 2

BloomReach product is responding and functional but performance is degraded and/or potential impact to some aspects of business operations. Examples include, dashboard used to configure the product is not operational.

support@bloomreach.com

 

4 hours
24x5

4 hours
24x7

P3

Non-critical issue, no business impact but user experience may not be optimal.

support@bloomreach.com

1 business Day
8x5

8 hours
24x7

 

 

Description 

Standard Support

Premium Plus Support

Support Portal

<5 logins

5-10 logins

Slack Channel

No

Yes

Named Manager/Engineer

No

Yes

Reporting-Monthly SLA

No

Yes

Support Tickets Accepted for the Following Environments

Production & Staging

Production & Staging

Performance Testing

Purchased Separately

2 per year included (<150 QPS)

Solution Audit 

Purchased Separately

1 Solution Audit Report included