PLATINUM SERVICE LEVEL AGREEMENT
(“PLATINUM SLA”)
only available for Customers who purchase Platinum SLA

  1. PLATINUM SERVICE LEVEL COMMITMENT
    1. Seismic will provide 99.9% Production System Uptime with respect to Customer’s Subscription Services during each Fiscal Quarter of the Term, excluding Scheduled Maintenance, Excusable Delay and Non-Seismic Delay as defined in Section 1.3 below. If in any Fiscal Quarter, an Uptime of 99.9% is not met by Seismic, and Customer was materially negatively impacted, Seismic shall provide as Customer’s sole and exclusive remedy a service credit equal to 10% of one Fiscal Quarter’s fees for the impacted Subscription Service(s).
    2. APDex. The APDex score is a method of converting many performance measurements into one uniform score of 0 to 1. The APDex formula is the number of satisfied samples plus half of the tolerating samples plus none of the frustrated samples, divided by all samples: Satisfied samples are transactions at or below targeted response times and tolerating samples are transactions above target response times but below two times the target response times.
      1. APDex Parameters
        1. Seismic agrees to collect APDex calculations for User Interface transactions within the Seismic Content application with a target response time of five (5) seconds and provide this data to Customer.
        2. Seismic will publish the monthly APDex score.
        3. Seismic agrees to maintain an APDex score of point ninety (.90) in each  Fiscal Quarter.
        4. APDex scores are only calculated from Seismic Content, and not calculated for any other Seismic product.
    3. Scheduled Maintenance and Delays: Scheduled Maintenance, Excusable Delay and Non-Seismic Delay time does not count as Downtime. “Scheduled Maintenance” includes (i) planned downtime, which may be scheduled during any period outside of the hours of Monday through Friday from 6:00 a.m. to 9:00 p.m. in Customer’s tenant time zone, or on Saturday, Sunday, and holidays from 8:00 a.m. to 5:00 p.m.in Customer’s tenant time zone or (ii) any downtime for which Seismic gives eight (8) hours or more notice that the Subscription Services will be unavailable. “Excusable Delay” means any delay or failure in the Subscription Services which is due to causes beyond the reasonable control of either Party hereto, including, but not limited to, acts of God, acts of the public enemy, acts of any governmental authority in its sovereign capacity, fires, floods, power outages, hurricanes, earthquakes, epidemics, quarantine restrictions, strikes or other labor disputes and freight embargoes. “Non Seismic Delay” means (i) issues caused by telecommunications and internet service provider(s); (ii) delays or failures involving hardware or software not within Seismic’s possession or control including third party services and Non-Seismic Materials; (iii) delays caused by Customer in providing access to Seismic support in the event that Customer has opted not to allow Seismic support to have automatic access to its tenant or has restricted access to specific Seismic personnel or to Seismic personnel within specific geographic locations.
    4. Seismic in its sole discretion may take the Services down for unscheduled maintenance and in that event will attempt to notify Customer in advance. Such unscheduled maintenance will be counted against the Uptime goal.
    5. Seismic shall provide a “Sandbox Environment” as part of this Platinum SLA. This Sandbox Environment will be separate from the “Production Environment” and will be available for use by Customer. Service levels for system availability for the “Sandbox Environment are not subject to service credits pursuant to Section 2 of this Platinum SLA.
    6. Seismic shall monitor the performance of Customer’s Production Environment for Seismic Content and adjust resources needed based on historical performance metrics and usage patterns. The services outlined in this Section 1.6 are not available for Seismic Learning.
    7. Seismic allows 24x7x365 access to the Platinum Support team. The Platinum Support team can be reached via email at [email protected], using the chat function available in the platform, or via the Support Portal in Seismic Community.
    8. Seismic agrees to provide an initial response to Priority 1 support cases within 1 hour and Priority 2 support cases within 2 hours.  As a general guideline, Priority 1 cases are critical, and the Subscription Services are completely unusable. Priority 2 cases are urgent; all users are affected and are unable to easily use business critical functionality. Seismic reserves the right to change ticket priority in our sole reasonable discretion based on these guidelines, our knowledge of the customer’s use case, and conversations with the ticket reporter.
    9. A Root Cause Analysis (RCA) is provided upon request for Priority 1 or 2 issues or Seismic identified outages.
    10.  Customer acknowledges that it may take up to four (4) weeks for Seismic to properly staff Customer’s Technical Account Advisor (TAA).
    11.  In the event that Customer chooses not to renew Platinum Support, (i) Customer will revert to Seismic’s standard Support Level Agreement; and (ii) Customer’s tenant will be migrated to Seismic’s standard hosting environment and such migration will be charged to Customer on a time and materials basis, at Seismic’s then-current Professional Services rates.
    12.  Exclusive Remedy: Customers may receive service credits only for up to two Fiscal Quarters in any given Seismic fiscal year. If Seismic fails to meet its Uptime in three consecutive Fiscal Quarters, Customer may terminate this Platinum SLA and will be entitled to a pro-rated refund of the unused Fees associated with the Platinum SLA only. Customer shall not exercise these rights without a reasonable basis or belief that the applicable Uptime goal was not satisfied. THIS SLA SETS FORTH CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND SEISMIC’S ENTIRE LIABILITY, FOR ANY FAILURE TO MEET THE UPTIME.
  2. CREDIT REQUEST
    In order to receive a credit under this Platinum SLA, Customer must request such credit by emailing Seismic at [email protected] within 30 days following the end of the Fiscal Quarter in which the Downtime occurred. If Customer submits a credit request and does not receive a prompt automated response indicating that the request was received, Customer must resubmit the request because the submission was not properly received and will not result in a credit. Customers who are past due or in default with respect to any payment or any material contractual obligations to Seismic are not eligible for any credit under this SLA. Seismic shall calculate any service-level downtime using Seismic’s system logs and other records. Service credits will be applied on Customer’s next Seismic invoice following Seismic’s receipt of Customer’s request for credit and Seismic’s verification that the uptime goal was not met.
  3. DEFINITIONS
    1. “Production System” or “Production Environment” refers to the primary environment containing live content, real user data and business functionality for Customer.
    2. “User Interface” means access points by which a user logs into the Services to initiate workflows.
    3. “Sandbox Environment” means secondary environment isolated from the Production System or Environment used for development, validation and testing.
    4. “Fiscal Quarter” means a consecutive three (3) month period beginning on February 1 of each year (e.g., the first Fiscal Quarter shall run from February 1 to April 30).
    5. “Uptime” means all other time that is not Downtime.
    6. “Downtime” means the Subscription Services are materially unavailable or inaccessible to Customer to perform business-critical functions, there are no workarounds for such functions, and such functions cannot be reasonably postponed until the feature is available again without having a material adverse impact on the Customer. Possible examples of such business-critical functions, depending on Customer’s use case, include Customer’s complete inability to: log into the Subscription Services platform, distribute content, load Learning and access learning paths, generate LiveDocs, and/or view content from at least one of the following: DocCenter, NewsCenter, HomePage, or Search.