LAST UPDATED: JULY 08, 2024
This Service Level Agreement (“SLA”) is by and between BitSight Technologies, Inc. (“Bitsight”) and you as a customer receiving the Bitsight Services (the “Customer”) and is effective as of the Effective Date of that certain Bitsight Main Subscription Terms and Conditions by and between the Parties (the “Subscription Agreement”). This SLA forms a part of, and is incorporated into, the Subscription Agreement. Capitalized terms used but not defined in this SLA shall have the meanings set out in the Subscription Agreement.
I. SLA SCOPE
1.1 SLA Scope. This SLA shall apply to the availability of the Bitsight Services as indicated on an applicable Order. Any questions, issues or concerns regarding the content of the Bitsight Data are not covered by this SLA. Customers are encouraged to review the Bitsight Knowledge Base prior to reaching out to Bitsight Support for assistance.
1.2 Exceptions. Unavailability or degradation of the Bitsight Services resulting from the following shall not constitute a failure of Bitsight to meet its obligations under this SLA:
(a) Changes in Customer’s policies or systems;
(b) Customer’s proprietary or any third-party software or technology;
(c) Scheduled Bitsight platform maintenance;
(d) Third-Party Services, or integrations between the Bitsight Services and any Third-Party Services;
(e) Customer’s violation or breach of any of its obligations in this SLA or the Subscription Agreement;
(f) Outages as a result of any internet service provider(s) or public internet infrastructure;
(g) Beta services; or
(h) Force Majeure events.
II. CUSTOMER OBLIGATIONS
2.1 Customer’s responsibilities and obligations related to this SLA include the following:
(a) Bitsight must be able to reproduce errors in order to classify and resolve them. Customer agrees to cooperate and work closely with Bitsight via a dedicated Customer representative to reproduce errors, including conducting diagnostic or troubleshooting activities as requested by Bitsight.
(b) Customer must contact Bitsight Support by using the chat feature within the Bitsight platform or by emailing [email protected].
(c) Customer must provide timely information and authorizations as required by Bitsight in order for Bitsight to investigate issues reported by Customer with respect to the Bitsight Services.
(d) Customer must adhere to processes and procedures established and communicated by Bitsight for reporting service failures and incidents and escalating service requests.
3. SERVICE LEVELS AND CREDITS.
3.1 Support.
(a) Severity Levels; Response Times. Bitsight shall review all service issues reported by Customer to Bitsight’s Support team at [email protected] with respect to the Bitsight Services and will classify each issue by severity according to the criteria set forth in the table below. Response and resolution times are measured from the time when Customer makes Bitsight aware of the issue and Bitsight makes a determination as to the appropriate severity level. Bitsight support hours are Monday – Friday, 9:00 AM – 1:00 AM GMT / 4:00 AM EST – 8:00 PM EST, excluding Bitsight holidays as specified in the Knowledge Base.
| Severity Level and Definitions | Target Maximum Response Time (business hours) | Target Maximum Time Resolution/Workaround (business days) |
|---|---|---|
| Severity Level 1 – Critical Critical production issue affecting all Bitsight platform users, such as system unavailability with no workaround available. |
8 business hours | 2 business days |
| Severity Level 2 – Urgent Major functionality is impacted or performance is significantly degraded. Issue is persistent and affects many users and/or major functionality and no reasonable workaround is available. |
24 business hours | 4 business days |
| Severity Level 3 – Medium System performance issue or bug affecting some but not most users. Users are still able to perform all critical workflows/tasks. |
48 business hours | 10 business days |
| Severity Level 4 – Low Non-system issues, administrative support requests, and general service inquiries. |
72 business hours | 10 business days |
(b) Escalation Procedures. In the event Bitsight exceeds the applicable response time for a problem classified by Bitsight as Severity Levels 1-3, after providing initial notice of the issue as set forth above, Customer may escalate the issue in accordance with the escalation path set forth in the table below (starting with Escalation Level 2), which is available during the Bitsight Support hours set forth above. If Customer does not receive a response from the Bitsight Support Team within four (4) business hours of escalation for Severity Level 1 or 2 problems, Customer may advance to Escalation Level 1.
(c) Modification. The escalation procedures herein may be modified by Bitsight, in its sole discretion, after notice provided to Customer thirty (30) days prior to the modified procedures taking effect.
| Responsible Bitsight Personnel | Email Address |
|---|---|
| Escalation Level 2: Bitsight Support Team | [email protected] |
| Escalation Level 1: Bitsight Support Escalation Team | [email protected] |
3.2 Service Availability.
(a) Service Availability Standard. Bitsight will use commercially reasonable efforts to maintain Availability of the Bitsight Services equal to or greater than 99% of the time (the “Service Availability Standard”). “Availability” will be calculated on a calendar quarterly basis as follows:
(b) Unavailability is deemed to have occurred from the time unavailability is reported to Bitsight by its third-party monitoring service until the time that Bitsight confirms that the affected Bitsight Services are available to transmit and receive data. Exceptions described in Section 1.2 shall not be considered for the purposes of calculating unavailability.
(c) The measurement point for Availability shall be the Bitsight production data centers. Bitsight shall monitor and, upon request in each instance, issue a report to Customer detailing the Bitsight Services’ compliance with the Service Availability Standard no later than three (3) days following the end of a calendar quarter via electronic mail or as posted on an externally accessible website as specified by Bitsight. Customer may request such a report no more than once per calendar quarter.
3.3 Service Credit.
(a) For each calendar quarter the Bitsight Service does not achieve the Service Availability Standard, Customer will be entitled to a $500 service credit, pro-rated based on the number of days in such calendar quarter if Customer’s term begins or ends partway through such calendar quarter (the “Service Credit”). The Service Credit must be requested by Customer and may be used toward (i) a new or renewal purchase, or (ii) a refund check at the end of the then-current subscription term during which the entitlement to a Service Credit arose.
(b) Sole Remedy. The Service Credits set forth in this SLA shall be considered Customer’s sole and exclusive remedy for Bitsight’s failure to meet the Service Availability Standard.