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SERVICE LEVEL AGREEMENT (SLA)

This Service Level Agreement (this “SLA”) is a guideline governing phData’s Managed Services and applies separately to each Customer using the Managed Services. In the event of a conflict between the terms of this SLA and the terms of the Master Agreement or other agreement with phData governing the Customer’s use of the Managed Services, the terms and conditions of this SLA apply. Capitalized terms used in this SLA but not defined shall have the meaning set forth in the Managed Service Handbook.

1. Managed Services Support - In General.

Customer or phData, as applicable, will use the mutually agreed upon ticketing system to enter all Managed Services support activities as either: (1) an Incident; or (2) a Task. phData will use commercially reasonable efforts to respond to the Customer’s requests for support of the Managed Services in accordance with this SLA. However, phData does not guarantee every request for support will be fulfilled within the time periods prescribed in the tables below. 

Incident – SLAs
Priority Level Initial Response Target Update Frequency Target
Priority Level 1 (P1) Within 1 Support Hour Every 4 Support Hours
Priority Level 2 (P2) Within 2 Support Hours Every Support Day
Priority Level 3 (P3) Within 8 Support Hours Every 3 Support Days
Task – Interaction Expectations
Task LevelHourly EffortMinimum Notice
Small TasksLess than 1 Support Hour1 Support Day
Medium TasksLess than 5 Support Hours3 Support Days
Large Tasks5 to 10 Support Hours5 Support Days
Project TasksGreater than 10 Support Hours14 Support Days
Support Day and Support Hour Definitions Table
ServiceSupport DaySupport Hour (Central US Time)
24/7 Service*Every dayEvery hour
8/5 ServiceMonday through Friday, excluding holidays observed by phData9:00 a.m. to 5:00 p.m

*24/7 Service is available only if the Customer is utilizing phData’s 24/7 team located in phData’s global delivery locations. While the 24/7 team may be available for Tasks, once a Task is assigned it will be executed within the phData global delivery center business hours until completed or reassigned to a different delivery location.

For purposes of this SLA, “Incident” means a concern or issue with the Serviced Data Products requiring phData Managed Services support generated by the Customer, phData, or an automated monitoring system alert. Incidents are generally reactive in nature and will be addressed in accordance with the “Incident – SLAs” table above.  Incident resolution involves triage and restoration of services while root cause analysis is handled as a Task as described below.

For purposes of this SLA, “Task” means an activity requiring phData Managed Services support that identifies a future need of the Customer, including assessments, coaching, architecture and design, infrastructure-as-code, or provisioning associated with the Serviced Data Products. Tasks are generally proactive in nature and will be addressed in accordance with the “Task – Interaction Expectations” table above.

Customer may request support for the Managed Services via (1) email, using the email address assigned to Customer for the Managed Services; (2) an alert generated by the monitoring system(s); or (3) communications at the weekly, monthly, and quarterly status and review meetings. phData will respond to Customer via support ticket, email, or telephone conference depending upon the support request and in accordance with any procedures established between phData and Customer and this SLA. phData has the sole right to determine, in its reasonable discretion, (a) what constitutes an Incident, and (b) when an Incident is deemed to be resolved.

2. Managed Services Support - Incidents & Tasks

  1. 2.1. Incident Priority Levels. phData personnel will be assigned, and will prioritize, Incidents subject to the following priority levels:
    1. (a) Priority Level 1 (P1). “Priority Level 1” or “P1” means an Incident that has caused total loss to, or continuous instability of the functionality of, Customer’s Serviced Data Products operations, including the inability to use a feature or functionality that was relied upon by Customer for production functionality. Non-production systems are never treated as a P1. phData personnel will be available during Support Days and Support Hours until the Incident is resolved.
    2. (b) Priority Level 2 (P2). “Priority Level 2” or “P2” means an Incident that is causing severe disruption (but not a total loss of functionality) to Customer’s Serviced Data Products operations, including degraded performance or the inability to deploy a feature or functionality that is not relied upon by Customer for production functionality.
    3. (c) Priority Level 3 (P3). “Priority Level 3” or “P3” means a non-urgent Incident that is causing inconvenience to Customer’s Serviced Data Products operations, such as recurring symptoms or alerts or questions that will likely be converted from P3 to a Task for resolution, but does not substantially affect Customer’s business operations.
  2. 2.2. Task Levels. phData personnel will be assigned, and will prioritize, Tasks subject to the following Task levels and in accordance with the “Task – Interaction Expectations” table above:
    1. (a) Small Tasks. “Small Task” means a Task that requires minimum definition and is a repeatable change that requires a single action or step (execution, change, response).
    2. (b) Medium Tasks. “Medium Task” means a Task that requires coordination between phData and Customer personnel to perform a series of actions, including any Task that requires restart or notification procedures.
    3. (c) Large Tasks. “Large Task” means a Task that requires discussions and communications between Customer and phData to perform a series of actions, including testing to finalize a certain support activity.
    4. (d) Project Tasks. “Project Task” means a Task that requires proactive planning between Customer and phData associated with technical and project objectives to achieve Customer’s objectives and goals.
  3. 2.3. Incident Exceptions. phData will use commercially reasonable efforts to resolve Incidents related to Customer’s Serviced Data Products; provided, however, that phData has no obligation to respond to an Incident within the timeframe prescribed in the “Incident – SLAs” table above relating to an Incident that, in whole or in part, arises out of or results from any of the following:
    1. (a) a planned outage for the Serviced Data Products.
    2. (b) any network anomaly that prevents phData from connecting to Customer’s or a third party’s system or network.
    3. (c) an outage, degraded performance, or anomaly  associated with Customer’s or a third-party’s applications, networking, hardware, system engineering, services, or platforms that are not the Serviced Data Products.
    4. (d) Customer’s infrastructure, third-party’s applications, or Serviced Data Products that do not comply with phData’s recommended architecture and best practices.
    5. (e) any P1 Incident reported to phData that does not include the word “SHOWSTOPPER” in the email subject line.
    6. (f) any action or inaction on the part of persons or entities not associated with phData that impairs phData’s performance of the Managed Services.
    7. (g) acts or circumstances beyond the reasonable control of phData, including, without limitation, a force majeure event, declared disaster, or a Cloud Infrastructure outage.
    8. (h) any breach of or noncompliance with any provision of this SLA or software license agreement(s) by Customer.

3. Customer Obligations.

  1. 3.1. Customer shall maintain a vendor support agreement with all required vendors associated with the Serviced Data Products and shall provide a copy of such agreement upon request from phData.
  2. 3.2. Customer shall name phData personnel as named users under any relevant vendor support agreements.
  3. 3.3. Any required Customer personnel will be available during Support Days and Support Hours to provide support to phData personnel in order to resolve the Incident.
  4. 3.4. If Customer requests support for a P1 via email, then the email subject line must contain the word “SHOWSTOPPER” for proper categorization.

4. Definitions.

  1. “Cloud Infrastructure” means the Amazon Web Services, Microsoft Azure, or Google Cloud Platform compute, storage, database, and networking services.
  2. “Managed Service Handbook” means the Elastic Operations Handbook, the Cloudera MS Handbook, or any other future handbooks published by phData to describe the Managed Services.
  3. “Managed Services” means the services performed by phData pursuant to an applicable Elastic Operations or Cloudera MS Statement of Work.
  4. “Master Agreement” means a services agreement between phData and Customer.
  5. “Serviced Data Products” means the Managed Technology Platform and Managed Data Applications supported by phData.
  6. “Support Day” has the meaning ascribed to it in the Support Day and Support Hour Definitions Table in Section 1.
  7. “Support Hour” has the meaning ascribed to it in the Support Day and Support Hour Definitions Table in Section 1.
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