System Maintenance – Service Level Agreement

Introduction

This Service Level Agreement (SLA) describes the terms to use the maintenance services for Software as a Service (“SaaS”) that App360 clients (‘the client’) will receive from Apppay Sdn Bhd (‘the supplier’), during and after the implementation of App360 subscribed system (‘the project’)

Scope

Parties

This SLA is between:

Dates and reviews

This agreement begins on the client’s subscription payment and will run for a period within subscription of the supplier’s Applications and Services.

It may be reviewed at any point, by mutual agreement. It may also be reviewed if there are any changes to the client’s IT system.

Subscription-Based Software

The Supplier implements subscription-based System Support for its Applications and Services. The termination of the subscription (i.e. Stop subscription fee payment) indicates the termination of the usage of the system.

The subscription fee is on monthly basis, payable before 5^th of every month on the subscription billing date. The maintenance subscription will be effective immediately after the UAT sign-off date.

Software and Services covered

This SLA covers only the subscription software and services (“the system”). This list may be updated at any time, as long as both the client and supplier are in agreement.

Please note:

• The supplier guarantees response and resolution times for all following items listed in this SLA.

Exclusions

This SLA is written in a spirit of partnership. The supplier will always do everything possible to rectify every issue in a timely manner.

However, there are a few exclusions. This SLA does not apply to:

• Any equipment, software, services or other parts of the IT system not listed above
• Software, equipment or services not purchased via and managed by the supplier
• Software enhancement, new / change request implementation

Additionally, this SLA does not apply when:

• The problem has been caused by using equipment, software or service(s) in a way that is not recommended.
• The client has made unauthorised changes to the configuration or set up of affected equipment, software or services.
• The client has prevented the supplier from performing required maintenance and updates
• The issue has been caused by unsupported equipment, software or other services.

This SLA does not apply in circumstances that could be reasonably said to be beyond the supplier’s control. For instance: floods, war, acts of God and so on.

This SLA also does not apply if the client is in breach of their contract with the supplier for any reason (e.g. late payment of fees).

Having said all that, the supplier aims to be helpful and accommodating at all times, and will do its absolute best to assist wherever possible.

Mobile App, WebApp and Web Backend

1. The Project system is built based on the framework of APP360 CRM Loyalty or/and Commerce App module, customized and personalized to suit the requirement of the project.
2. All Project program source code is under the supplier’s intellectual property. The usage by the Project is based on License-To-Use basis. Any program source code will not be provided by the supplier to any party involved in The Project.
3. The System is running on web-based backend, and with mobile app front end.
4. The supplier will develop iOS and Android mobile phone apps for the project.
5. iOS app will be optimized for iPhone, with all iOS versions which are still under supported by Apple.
6. Android app will be optimized for Android phone (phone below 7’ inch), with all Android versions which are still supported by Google.
7. WebApp will be optimized for common phone (phone below 7’ inch) browsers : Safari and Chrome only.
8. The supplier will develop the Web Backend using its preferred web technology.
9. The client’s administrator is able to perform content maintenance of the mobile apps using web panel interface.
10. The client’s administrator is able to perform some administration of the app and generate reports related to them using web panel interface.
11. The client’s app users are restricted from accessing web panel interface.
12. For any third party integration with any part of the supplier’s system, web interface API (using XML or JSON) must be provided by the client, any other backend web interface API development which is out of scope, shall be deemed as additional services to be requested by the client to the supplier explicitly.
13. The supplier will not entertain any service or investigation request from the client’s app user feedback.
14. The supplier will attend to system bugs which identified by the client, via its specified channel of support only.
15. The supplier will not attend to manual data modification requests, which are caused by the client’s misuse or improper operation of the system. If manual data modification is inevitable, it would subject to charges.

System Infrastructure

1. The client will be the primary point of contact to the client’s Cloud/Server Hosting service provider (if any).
2. All client’s hardware, server hardware, networking devices, peripheral equipment and other categories of infrastructure related items are the sole responsibility of the client or cloud/server service provider to provision, provide, deliver, install, configure and optimize to the best use of the project execution.
3. The client or Cloud/Server hosting service provider shall assist the supplier in understanding their infrastructure planning and design, integrating the project deliverables into the infrastructure environment, and troubleshooting any infrastructure issues arising from project requirements.
4. Any delays or potential delays in the project execution that is directly or indirectly result from Cloud / Server hosting service provider’s infrastructure issues and changes, personnel communication latency and other events that are not pertaining to the direct responsibility of the project scope shall results in appropriate adjustments to be made to the project resources, timelines and planning where it is deemed necessary.
5. To the best interest of the project to ensure optimize system performance, the supplier may provide professional advices on minimum system requirements to the client or Cloud/Server Hosting service provider. Decision and responsibility to meet the minimum system requirements is the sole responsibility of the client or Cloud/Server Hosting service provider.

Support – Service Level Agreement

This part describes the levels of service that [company name] (‘the client’) will receive from APPPAY SDN BHD (‘the supplier’).

This SLA should be read alongside the IT support contract between the client and the supplier. Although the SLA covers key areas of the client’s IT systems and support, the support contract may include areas not covered by this SLA.

Purpose

The client depends on IT equipment, software and services (together: ‘the IT system’) that are provided, maintained and supported by the supplier. Some of these items are of critical importance to the business.

This service level agreement sets out what levels of availability and support the client is guaranteed to receive for specific parts of the IT system. It also explains what penalties will be applied to the supplier should it fail to meet these levels.

This SLA forms an important part of the contract between the client and the supplier. It aims to enable the two parties to work together effectively.

Responsibilities

Supplier responsibilities

The supplier will provide and maintain the IT system used by the client. The IT support contract between the supplier and the client includes full details of these responsibilities.

Additionally, the supplier will:

• Ensure relevant software, services and equipment are available to the client in line with the uptime levels listed below.
• Respond to relevant support requests within the timescales listed below.
• Take steps to escalate and resolve issues within the timescales listed below.
• Maintain good communication with the client at all times.

Client responsibilities

The client will use the supplier-provided IT system as intended.

The IT support contract between the supplier and the client includes full details of the IT system and its intended uses.

Additionally, the client will:

• Notify the supplier (via our ticketing system or email) of issues or problems in a timely manner.
• Provide the supplier with access to equipment, software and services for the purposes of maintenance, updates and fault prevention.
• Maintain good communication with the supplier at all times.

Guaranteed response and resolution times

When the client raises a support issue with the supplier, the supplier promises to respond to the issue and then resolve it in a timely fashion.

Response times

The response time measures how long it takes the supplier to respond to a support request raised via the supplier’s online support system.

The supplier is deemed to have responded when it has replied to the client’s initial request. This may be in the form of an email, text messages or telephone call, to either provide a solution or request further information.

Guaranteed response times depend on the priority of the item(s) affected and the severity of the issue. They are shown in this table:

Response times are measured from the moment the client submits a support request via the supplier’s online support ticketing system only.

Response times apply during standard working hours (9am — 6pm : UTC+8.0) only, unless the contract between the client and supplier specifically includes provisions for out of hours support. 

Resolution times

The resolution time measures how long it takes the supplier to resolve or fix an issue raised via the supplier’s online support system.

Guaranteed resolution times only apply when the highest-priority items are affected by the most serious issues. In other situations, the supplier will make its best effort to resolve the issue as soon as possible.

Response times are measured from the moment the client submits a support request via the supplier’s online support system.

Severity levels

The severity levels shown in the tables above are defined as follows:

• Severe problem: Non availability of the solution on a production system with acceptable workaround.
• Intermittent problem: No significant loss of functionality
• Minor problem: Minimal inconvenience and no loss of functionality

Measurement and penalties

Response and resolution times are measured using the supplier’s support ticketing system, which tracks all issues from initial reporting to resolution.

It is vital the client raises every issue via this system. If an issue is not raised in this way, the guaranteed response and resolution times do not apply to that issue.

If the supplier fails to meet a guaranteed response or resolution time, a penalty will be applied in the form of a credit for the client.

This means the following month’s fee payable by the client will be reduced on a sliding scale.

The level of penalty will be calculated depending on the number of incidents log by which the supplier missed the response or resolution time, minus the downtime permitted by the SLA:

Important notes:

• Response and resolution time penalties in any month are capped at 100% of the total monthly fee.
• Response and resolution times are measured during working hours (Monday – Friday [excluding Malaysia Public Holiday], 9am — 6pm : UTC+8.0).

For instance, if an issue is reported at 5:30pm with a response time of 60 minutes, the supplier has until 9.30am the following working day to respond.