Support Service Levels and Availability
Support Services – Target Services Levels
Request Priority
| Level | Problem Description | Best Method of Contact |
| Level 1 / Critical | Application Crisis. One mission-critical function or all functions of the application are not operating. Problem significantly affects all Mirus Users. Critical Cases may have an immediate financial impact on the organisation and/or a risk to clients is possible. Note that if Licensee’s issue is IT-related (e.g. hardware or operating system failure), Licensee should be contacting its IT support personnel prior to logging a Mirus Tracker Case, with associated information being logged in the Case. If background on the IT issue is not logged, the Case will be reduced to a Low priority (see level 4/Low). | Phone / Online Support / Email |
| Level 2 / High | Application Problem. A report or application function is not performing as expected. There are external influences (e.g. billing or payroll deadlines) that are indicative of a need to identify the cause between 24 to 48 hours. Problem involves more than 1 Mirus User, or is related to a high-priority application function. | Online Support / Email |
| Level 3 / Medium | Application Concern. A report or function is not providing expected results. The problem is limited to 1 Mirus user or there is an alternative method of accomplishing the task. | Online Support / Email |
| Level 4 / Low | General question or cosmetic issue. Low-priority Cases can be logged to ask a general question (e.g. “How do I”), where if applicable the Help Desk response will provide direction to the associated Mirus User Guide (including Chapter or Page#) or other resource material. IT-related Cases that are logged at a higher level will be reduced to a “Low” priority unless background is provided including: 1. Any hardware or software changes that have been implemented within the last 2 weeks (e.g. operating system upgrades, installation of firmware, new servers, etc.); 2. Details on the trouble-shooting activities that your IT support personnel have followed prior to logging the Mirus Tracker Case. It is important to note that Mirus’s Help Desk will always Prioritise Help Desk Cases related to the Mirus application at a higher level than IT questions. | Online Support / Email |
Target Response & Target Resolution Time
| Request Priority | Target Response Time | Target Resolution Time |
| 1 | 1 Hour | 36 Hours |
| 2 | 2 Hours | 10 Business Days |
| 3 | 6 Hours | 1 Month |
| 4 | 36-72 Hours | No target time applies |
Notes:
1. Time is measured from the time the case was logged in Mirus’s system. Time waiting for a response from Licensee or the Software Owner will not be included in the Target Resolution Time.
2. Time is only measured during Business Hours.
Software as a Service Hosting – Target Services Levels
These Hosting Service Target Service Levels take effect immediately following the First Thirty (30) Days of service.
The following sets out the Service Level Agreement for the Mirus products delivered as a Software as a Service (“SaaS”).
| SLA/Component | Target |
| *Availability of Hosted Applications. | >99% between the hours of 7:00 am and 6:00 pm weekdays |
| Response time to Help Desk Call | See Support Services, Target Service Levels. |
*Availability is measured as a percentage of available time during regular week days in a calendar month. Total outage for a month with 20 business days of over 2.2 hours would result in a credit.
A. Exceptions
The determination of targeted service levels and availability of Hosted Applications and Customer Generated Data (will exclude the following circumstances:
1. Customer Generated Data backup: Backup of Customer Generated Data will generally take place each Business Day between the hours of 11:00 p.m. and 5:00 a.m. AEST. Access to Customer Generated Data may not be available during the back-up process and such time as is required to complete each backup shall not be considered in calculating the targeted service level performance as set forth above.
2. Maintenance: Any Maintenance work (as determined by Mirus and/or Mirus’s hosting partner) resulting in the interruption and loss of of availability of Hosted Applications and/or access to Customer Generated Data will occur during a pre-scheduled maintenance time period on a weekly basis as communicated to Customer from time to time. The actual time that is required to complete Maintenance Work during such pre-scheduled maintenance work shall not be considered in calculating the targeted service level performance as set forth above.
3. Other Customer Matters: Interruption and loss of availability of Hosted Applications, access to Customer Generated Data, and/or performance degradation of hosting services due to difficulties involving any one or more of the following shall not be considered in calculation the targeted service level performance as set forth above: Customer Hardware, Customer Software, other Hosted Applications licensed by the Customer, Customer Internet Connection, Customer Power, Customer Network, the Internet including, but not limited to, Internet access.
For the avoidance of doubt, it is agreed that Customer will be responsible for: (i) meeting the minimum technical requirements established by Mirus from time to time to enable Customer access to and use of the Hosted Applications and Customer Generated Data; and (ii) providing, maintaining and operating computer hardware, including related software and network configurations, used by Customer to gain access to the Hosted Applications.
4. Force Majeure: While Mirus (or its hosting partner) will be responsible for providing, maintaining and operating computer hardware, including related software and network configurations, used by Mirus to provide access to and use of the Hosted Applications by Customer, it is agreed that interruption and loss of availability of Hosted Applications, access to Customer Generated Data, and/or performance degradation of hosting services due to Force Majeure conditions shall not be considered in the calculation of the foregoing service level performance.
B. Data Back-up and Storage
Mirus or its hosting partner shall make a back-up of all Customer Generated Data as follows:
- Customer Generated Data will be backed up once daily between the hours of 11:00pm and 5:00am AEST.
- A multi-day rotation will be established, and communicated to Customer from time to time, that will provide a simple database daily backup. Data base backups will be retained and stored in a secure location for a minimum period of twelve (12) months or otherwise in accordance with Mirus’s then current retention policy.
The Customer shall provide advanced written notice to Mirus in the event that the Customer wishes to access any backups and shall not impede Mirus’s delivery of services by removal of any backups.
C. Customer Generated Data Limitations
Maximum Customer Generated Data storage is limited to a Customer maximum total of 80GB. This includes all of production database, training database, database backups, application files, and files created by or associated with the Customer in use on Mirus’s SaaS systems. Any storage in excess of the maximum shall be subject to mutual agreement between Mirus and Customer and may include remittance by Customer of additional fees.
D. Relationship Management
Each party, including Mirus’s hosting partner, shall appoint a relationship manager whose responsibilities shall include the following:
Performance Monitoring: Mirus’s hosting partner will monitor the performance of the host site that contains the Customer Generated Data. In addition,Mirus’s hosting partner: (i) shall provide Mirus with real-time notification to Mirus detailing site outages: and (ii) shall provide, upon written request, a performance report against the following elements:
- Number of minutes of service availability during the month
- Number of minutes of down-time experienced
- Percentage up-time availability
- Average transaction throughput per minute
Support and Internet Connection Monitoring: Mirus shall monitor the availability of Hosted Applications and ability of Customer to access Customer Generated Data and as a part of this monitoring following notification from Mirus’s hosting partner, Mirus shall redirect any performance / access issue as required and monitor the situation through resolution; it being specifically understood and agreed that neither Mirus nor Mirus’s hosting Provider are responsible for the level of support provided by Customer’s selected Internet Service Provider or other issues relating to access to the hosting system via the internet.
The provision of any additional Services that may be required to support the Customer shall be subject to the respective parties first entering into a statement of work including the determination of appropriate fees for such Services.
Cessation of hosted Services: Should Mirus or the Customer decide to terminate the provision of the hosted services, such termination shall be undertaken pursuant to the terms and condition of the Agreement. Upon notice of termination, the following shall ensue:
- the Customer will advise direct Mirus as to the disposition of Hosted Applications and Customer Generated Data, which disposition shall include, but may not be limited to, the following considerations:
- The costs of
- copying the Customer Generate data to a standalone system selected by Customer.
- extracting and converting the Customer Generated data to another application if required by Customer.
- deleting the Customer Generated Data from the ASP.
- Disposition of backup Databases and access thereto.
- Cancellation / penalty fees, if any.
E. Disclaimers.
ALTHOUGH MIRUS MAY PROVIDE CUSTOMER WITH BASIC INSTRUCTIONS, MINIMUM EQUIPMENT CONFIGURATIONS AND OTHER GUIDELINES IN CONNECTION WITH CUSTOMER ACCESS TO HOSTED APPLICATIONS, CUSTOMER AGREES THAT IT ALONE IS RESPONSIBLE FOR: (i) THE SELECTION OF EQUIPMENT USED BY CUSTOMER TO GAIN ACCESS TO THE HOSTED APPLICATIONS; AND (ii) THE CONTROL, OPERATION AND SECURITY OF ITS NETWORK, INCLUDING WITHOUT LIMITATION ANY INTERNET TRANSACTIONS AND COMMUNICATIONS CARRIED OUT USING ITS NETWORK WITH THIRD PARTIES. CUSTOMER ALSO AGREES THAT: (A) THE INTERNET IS NOT A SECURE MEDIUM, MAY BE INHERENTLY UNRELIABLE AND SUBJECT TO INTERRUPTION OR DISRUPTION AND MAY BE SUBJECT TO INADVERTENT OR DELIBERATE BREACHES OF CUSTOMER’S SECURITY; AND (B) THAT NEITHER MIRUS NOR ITS HOSTING PROVIDER HAVE HELD THEMSELVES OUT TO BE AN EXPERT IN INTERNET ACCESS AND SECURITY. AS SUCH, CUSTOMER AGREES THAT NEITHER MIRUS NOR ITS HOSTING PROVIDER ARE RESPONSIBLE FOR THE RESULTS ACHIEVED BY CUSTOMER VIA ITS USE OF THE INTERNET OR FOR THE SECURITY OF ANY CONTENT TRANSFERRED THROUGH THE INTERNET AND/OR UPLOADED INTO THE HOSTING HARDWARE.
CUSTOMER AGREES THAT NEITHER MIRUS NOR ITS HOSTING PROVIDER SHALL BE RESPONSIBLE FOR ANY LOST CUSTOMER DATA AND THAT CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING INDEPENDENT BACKUP OF ALL SUCH CUSTOMER DATA AND OTHER CONTENT TRANSMITTED VIA THE INTERNET AND/OR UPLOADED INTO THE HOSTING HARDWARE.