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© 2022 Bridgeline Digital
100 Sylvan Rd, Suite G-700, Woburn, Massachusetts 01801 US
During the term of the Agreement, Bridgeline will maintain the following service levels for Software Services in the Production environment (collectively, the“Service Levels”).
Bridgeline will make commercially reasonable efforts to ensure the Software Services in the Production environment are available to Customer 24 hours per day, 365 days per year. The Software Services will have System Availability of 99.9% (ninety-nine and nine-tenths percent) as calculated on a monthly basis (calendar month).
System Availability equals 100%, minus, the Downtime in the month, divided by the total hours in a particular month, less Downtime Exclusions, as measured and monitored from Bridgeline’s facilities.
System Availability = 100% - (Downtime / ((# of hours in month) – Downtime Exclusions))
“Downtime” shall mean the time that users of the System are not able to perform ordinary functions to use the Software Services for the Page Response Timeout Interval. Downtime does not include Downtime Exclusions nor bulk data upload or downloads.
Downtime will be measured as the time in 30 second increments between the earliest record reasonably knowable after a reasonable investigation by Bridgeline of the problem occurring, and the time the problem is actually resolved.
"Downtime Exclusions" shall mean downtime resulting from routine Scheduled Maintenance, Force Majeure Events or other matters as further detailed below.
Downtime Exclusions, as further defined, includes, but it not limited to:
a) Internet Delays. Bridgeline’s Software Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Bridgeline is not responsible for any delays, delivery failures, or other damage resulting from such problems.
b) Third-Party Systems. Downtime caused by systems outside of the Bridgeline network such as, but not limited to: Customer-managed servers, network, and processes.
c) Non-Bridgeline Resources. Downtime caused by any interruptions, delays, or failures caused by Customer, its employees, agents, or subcontractors.
d) Traffic. Downtime caused by traffic from bots, denial of service attacks, and similar causes.
e) Customer Generated Nonconforming Load. Excessive traffic on Customer website, including but not limited to traffic or resource spikes greater than 25% above the prior 30 days of the current or prior year. In instances of planned traffic increases, contact Bridgeline for additional resource provisioning.
f) Force Majeure Event. “Force Majeure Event” is any failure or delay caused by or the result of causes beyond the reasonable control of a party which could not have been avoided or corrected through the exercise of reasonable diligence, including, but not limited to, acts of God, nature, fire, flood, hurricane or other natural catastrophe, terrorism or terrorist actions, laws, orders, regulations, directions or actions of governmental authorities having jurisdiction over the subject matter hereof, or any civil or military authority, national emergency, insurrection, riot, war, or other similar occurrences or conditions beyond our control.
g) System Maintenance. System Maintenance is the time that the System is not accessible to Customer due to maintenance of the System, including for maintenance and upgrading of the software and hardware used by Bridgeline to provide the Software Services. System Maintenance includes Scheduled Maintenance and Unscheduled Emergency Maintenance. Bridgeline’s Scheduled Maintenance (“Scheduled Maintenance”) will generally occur each calendar week from 11:00 pm ET Saturday to 2:00 am ET Sunday. Notwithstanding the foregoing, Customer agrees and acknowledges that Bridgeline may in its discretion change the times for Scheduled Maintenance. Bridgeline will attempt to provide reasonable advance notice of any other Scheduled Maintenance downtime not specifically defined in this SLA. For Unscheduled Emergency Maintenance, Bridgeline will provide Customer at least sixty minutes’ advance written notice. Bridgeline will provide such notice to Customer by email to an address provided by Customer
“System” shall mean the software and other technology of Bridgeline in the Production environment that Customer may be required or have the option to use in order to access, use and receive Software Services.
Bridgeline shall perform nightly EBS snapshots of the data located in the Applications servers and database server used in the performance of the SaaS offerings (the“Applications Data”). Bridgeline will maintain daily backups for ninety (90) days.
During the term of the Agreement, Bridgeline will, upon Customer’s request provide reports to Customer that include Bridgeline’s performance with respect to the Service Levels and such other metrics as reasonably requested by Customer from time-to-time.
If Bridgeline fails to meet any of the Service Levels, Bridgeline will pay Customer penalties calculated as follows (the “SLA Credits").
8.1 SLA Credits for System Availability - Table. If the System Availability during any given month falls below 99.9%, Bridgeline will provide Customer with SLA Credit(s) as set forth in the chart below:
* Monthly charge for Software Services
8.2 SLA Credits for System Availability - Example.
Example Calculation: If Customer experiences 1 hour of Downtime in a month with 31 days, and there has been 4 hours of Downtime Exclusions, the Availability calculation would be as follows:
Availability = 100% - ( 1 / ((31*24)- 4 )) = 99.86%
The corresponding credits would be as follows:
SLA Credits: 5% of monthly charge.
8.3 SLA Credit Procedures. Customer must be current on all amounts due Bridgeline to earn SLA credits. Bridgeline will apply SLA Credits to the Customer’s account to be applied towards future invoices.