Experience Manager PaaS and Self Hosted Service Level Agreement

This Experience Manager PaaS and Self Hosted Service Level Agreement (“SLA”) sets forth the service level terms and conditions for the following Bloomreach products:

  1. Experience Manager- PaaS (“PaaS”), previously brCloud;
  2. Experience Manager- Self Hosted (“Self Hosted”), previously Private Cloud;

And together, (“Experience Manager”)

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 and Service Credits.
    1. If there is a verified failure of a Bloomreach product to meet any applicable Availability (as defined below) 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 applicable monthly fees due for the affected product in such month (“Service Credit”). 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.
    2. The Service Credit(s) will be calculated based on the following Availabilities:

      Experience Manager- PaaS

      “Platform Availability” means that PaaS is available with an uptime of 99.99% within the deployed Amazon Web Services (AWS) region during each calendar month as measured and verified by mutually acceptable third-party monitoring agents.
      Platform Availability Service Credit (% of Applicable Monthly Fees)
      ≥ 99.0% but < 99.99% 10% of Applicable Monthly Fees
      ≥ 98.0% but < 99.0% 20% of Applicable Monthly Fees
      < 98.0% 30% of Applicable Monthly Fees
  2. Exclusions.  Applicable Availability 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) or the customer configuration of the Bloomreach product 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) Platform Availability is less than 98.0%, for any 2 consecutive months (a “Recurring Outage”), Customer may terminate the Subscription Term 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 sla@bloomreach.com will be counted towards a Recurring Outage.  For the avoidance of doubt, termination of the Subscription Term for an affected product pursuant to this SLA does not affect any other Subscription Term for other 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 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
    1. 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 the Bloomreach products (“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).
      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 as follows:
    Priority Level Description

    Contact Number/

    Email Address/

    Support Portal

    Target Response Times

    P 1

    Experience Manager - PaaS is severely impacted or completely shut down, system operations or mission-critical applications are down and there is no workaround available.

    Development issue: Experience Manager project is in final testing, facing a critical time frame of going into Production use and it is severely impacted, or entire development efforts are blocked.

    888-263-3917

    +31 205 224 466

    https://support.bloomreach.com

    urgent@bloomreach.com

    Standard Support

    Premium Plus Support

    30 minutes

    24x7

    20 minutes

    24x7

    P 2

    Experience Manager production system is functioning with limited capabilities, or it is unstable with periodic interruptions. Mission critical applications, while not being affected, have experienced material system interruptions.

    Development issue: The Customer has a time sensitive question impacting Experience Manager performance or deliverables, or a major customer project subsystem under development is blocked.

    https://support.bloomreach.com

     

     

    4 hours

    24x5

    4 hours

    24x7

    P3

    Production issue: Experience Manager is fully operational.  There is a need to clarify procedures or available documentation, or a request for a product enhancement.

    Development issue: The Customer’s Experience Manager project has errors in system development that may impact performance deliverables. There is a need to clarify procedures or available documentation, or a request for a product enhancement.

    https://support.bloomreach.com

    1 business day

    8x5

    8 hours

    24x7

  7. Business Hours and Incident Reporting.
    1. 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).
    2. 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).
    3. 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:
      1. a description of the steps that Customer took that led to the incident;
      2. a description of the operation that Customer believes did not perform properly;
      3. a description of the operation’s result;
      4. a description of the result expected by Customer; and
      5. a description of any addition to or modification of the Software that became active in connection with the operation.
    4. Bloomreach is obligated to provide Support only to the extent that Bloomreach can reproduce the incident as described by Customer.
    5. Bloomreach will provide all support services online, except to the extent that Bloomreach determines that telephone communication is appropriate.
  8. Bloomreach Support Options.

    Standard

    Premium Plus

    Support Access

    Email & Phone Support

    Yes

    Yes

    Support Portal

    <5 logins

    <10 logins

    Bi-Weekly Case Review

    No

    Yes

    Service Level Manager (SLM)

    Purchased separately

    Purchased separately

    Reporting

    Monthly SLA Reporting

    No

    Yes

    1. Product Support. For PaaS and Self Hosted products, Bloomreach will support the current and most recent previous Major Version for one year from Release Date for Customers with Standard Support. For Customers with Premium Plus Support, Bloomreach will support the current and most recent previous Major Version for two years from Release Date. A Major Version is identified by the first number of the software version. The Release Date is identified in the Bloomreach Documentation, located here: https://documentation.bloomreach.com/