Discovery Service Level Agreement
This Discovery Service Level Agreement (“SLA”) sets forth the service level terms and conditions for the following Bloomreach products:
- Discovery pillar, which may include the following modules:
- (1) Search, (2) Merchandising, (3) Recommendations and Pathways, and (4) SEO
The Bloomreach products are provided by Bloomreach to Customer during the term of the applicable Sales Order between Bloomreach and Customer (“Agreement”) and are subject to such Agreement. Capitalized terms not otherwise defined in this SLA have the meanings given in the Agreement.
1. Availability; Internal Response Times; and Service Credits.
A. If there is a verified failure of a Bloomreach module to meet any applicable Availability or Internal Response Times (as defined below) in a particular month and Customer makes a request for a service credit to [email protected] within ten (10) days after the end of such month, Customer will be entitled to a credit based on the applicable monthly fees due for the affected module in such month (“Service Credit”). For Customers with multiple modules, the applicable monthly fees for the module associated with a verified failure shall be allocated assuming each module constitutes its pro rata portion of the aggregate subscription fees (i.e. the allocation for customers subscribing to all four modules would be 25% each; the allocation for customers subscribing to two modules would be 50% each), unless otherwise set forth in a Sales Order. Any applicable Service Credit will be applied 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 Subscription Term provided to Customer, such credit will be applied against outstanding amounts due to Bloomreach under the Agreement, and if no amounts are due, a refund of the credit amount will be sent to Customer.
B. The Service Credit(s) will be calculated based on the following Availabilities and/or Internal Response Times:
|“SM Availability” means the percentage of time that Bloomreach will (1) serve responses to the Search, Merchandising, and Recommendations and Pathways modules API requests (“SM API Request”), defined as calls to Bloomreach servers initiated by a non-automated visitor to a Site that return data needed to render the whole or part of the product pages on the Customer’s website (“Site”) during each calendar month as measured and verified by mutually acceptable third-party monitoring agents.|
|SM Availability||Service Credit (% of Applicable Monthly Fees)|
|≥ 99% but < 99.9%||10% of Applicable Monthly Fees|
|≥ 98% but < 99%||20% of Applicable Monthly Fees|
|< 98.00%||30% of Applicable Monthly Fees|
|“SM Internal Response Time” means the average time recorded from (a) the moment upon which an SM API Request has been received by Bloomreach servers to (b) the moment that a responding message is sent from Bloomreach servers during each calendar month, as measured by Bloomreach.|
|SM Internal Response Time||Service Credit (% of Applicable Monthly Fees)|
|> 400 ms but ≤ 600 ms||10% of Applicable Monthly Fees|
|> 600 ms but ≤ 1 second||20% of Applicable Monthly Fees|
|> 1 second||30% of Applicable Monthly Fees|
|“SEO Availability” means the percentage of time that that the SEO module APIs are operating and available during each calendar month as measured and verified by a mutually acceptable third-party monitoring agents.|
|SEO Availability||Service Credit (% of Applicable Monthly Fees)|
|≥ 90% but < 95%||10% of Applicable Monthly Fees|
|≥ 85% but < 90%||20% of Applicable Monthly Fees|
|< 85.00%||30% of Applicable Monthly Fees|
|“Dashboard Availability” means the percentage of time that that the Bloomreach dashboard (including Insights) is available in any calendar month.|
|Dashboard Availability||Service Credit (% of Applicable Monthly Fees)|
|≥ 97% but < 99%||10% of Applicable Monthly Fees|
|≥ 96% but < 97%||20% of Applicable Monthly Fees|
|< 96%||30% of Applicable Monthly Fees|
2. Exclusions. Applicable Availability and Internal Response Times shall exclude, and Bloomreach shall not be responsible for, failures which occur as a result due to: (a) changes made to Customer site(s) or the applications that are configured, run and managed by Customer after initial implementation that cause the Bloomreach product to cease working or to function improperly; (b) changes made to Customer site(s) that are run and managed by Bloomreach which cause the Bloomreach product to cease working or to function improperly; (c) general internet problems, force majeure events, or other factors outside of Bloomreach’s reasonable control; (d) Customer’s equipment, software, network connections or other infrastructure; (e) Scheduled Maintenance; (f) non-production traffic (e.g. load testing, internal account traffic ); (g) development, testing, accepting or other non-production environments; (h) third party systems, acts or omissions; (i) Customer’s non-Bloomreach applications; or (j) additions to or modification of the Bloomreach product by Customer.
3. Scheduled Maintenance. Bloomreach will use commercially reasonable efforts to notify Customer at least 72 hours before any maintenance is performed.
4. Recurring Outage. If the average monthly (1) SM Availability is less than 99%, (2) Dashboard Availability is less than 97%, or (3) SEO availability is less than 94% for any 2 consecutive months (a “Recurring Outage”), Customer may terminate the Subscription Term for the affected module provided Customer has given Bloomreach written notice of the Recurring Outage and intent to terminate within 10 days of the Recurring Outage. Such termination shall be effective as of the end of the calendar month following the month in which the Recurring Outage occurred, and Customer 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 1 above to [email protected] will be counted towards a Recurring Outage. For the avoidance of doubt, termination of the Subscription Term for the affected module pursuant to this SLA does not affect any other Subscription Terms for other modules in effect between the parties. In the event a Bloomreach product is terminated by Customer due to a Recurring Outage, Bloomreach shall refund to Customer the pro-rata portion of any amounts actually paid to Bloomreach for the unused module that is being terminated that correspond to periods following the effective date of such termination.
5. Exclusive Remedies. Service 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 Bloomreach Availability and Internal Response Times set forth herein or other Customer performance expectations.
6. Bloomreach Support
A. Customer Support. Bloomreach offers support services for the Bloomreach products (“Support”) in accordance with the following terms:
i. Incident Submission and Customer Cooperation. Customer may report errors or abnormal behavior in a module (“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 module 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).
ii. 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 as follows:
|Priority Level||Description||Contact Number/
|Target Response Times|
|P 1||Production issue: SM API is down, and is not responding to requests or serving content, which is causing critical impact to business operations; no workaround available.||
+31 205 224 466
|Standard Support||Premium Support||Premium Plus Support|
|P 2||Production issue: SM is responding and functional, but the performance is degraded and/or there is a potential impact to some aspects of business operations (e.g. dashboard used to configure the product is not operational).||https://support.bloomreach.com||4 hours
|P 3||Production issue: SM has a non-critical issue, no business impact but user experience may not be optimal.||https://support.bloomreach.com||1 business day
7. Business Hours and Incident Reporting.
A. Bloomreach’s Support business hours depend on Customer headquarters as detailed as follows:
|Customer Headquarters:||Support Business hours:|
|The United States of America, Canada, Mexico or a country in South America or the Caribbean||Monday - Friday, 9:00 am - 5:00 pm Eastern Time, excluding the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.|
|A country in Europe, Africa, the Middle East, Asia, or the Pacific region||Monday - Friday, 9:00 am - 5:00 pm Central European Time, excluding the following holidays: New Year’s Day (January 1). Easter (March/April), King’s Day (April 27), Liberation Day (May 5), Ascension Day (40 days after Easter), Pentecost (7 weeks after Easter), Christmas (December 25 and 26).|
B. Customer will identify to Bloomreach the individual point(s) of contact who are authorized to report incidents; Bloomreach will accept incident reports from only the identified individual(s).
C. Customer will report all incidents electronically in accordance with instructions that will be provided by Bloomreach. In reporting each incident, Customer must provide the following information:
i. a description of the steps that Customer took that led to the incident;
ii. a description of the operation that Customer believes did not perform properly;
iii. a description of the operation’s result;
iv. a description of the result expected by Customer; and
v. a description of any addition to or modification of the Software that became active in connection with the operation.
D. Bloomreach is obligated to provide Support only to the extent that Bloomreach can reproduce the incident as described by Customer.
E. Bloomreach will provide all support services online, except to the extent that Bloomreach determines that telephone communication is appropriate.
8. Bloomreach Support Options.
|Email & Phone Support||Yes||Yes||Yes|
|Support Portal||<5 logins||<10 logins||<10 logins|
|Monthly Review Meeting||No||No||Yes|
|Named Support Engineer||No||No||Yes|
|Supported Pillars||Discovery/Content||Discovery/Content||Discovery Only|