1. Support Request/Monitoring Alerts

1.1 Support Requests. ClearDATA live support will be available 24 hours per day, 7 days per week, year round. You may request support by opening a support ticket on the customer portal, by sending an email to support@cleardata.com, or by calling ClearDATA support at (512) 640-0903 or (844) 265-9625.

1.2 Response Times. We will use all reasonable commercial efforts to respond to your support requests made via ticket or telephone within the following time frames:

Severity Level Definition Response Time
1 – Emergency Down device or service (i.e. down server) with no workaround 15 minute response time, 60 minute follow-up
2 – Urgent Degraded device or service (i.e. pegged CPU) with no workaround 60 minute response time, 60 minute follow-up
3 – Request or Question Service or change request (i.e. change permissions or upgrade) or question 24 hours response time

We will respond to you via support ticket, email, telephone call, or all of these methods depending upon the severity of the situation and consistent with any procedures we have established with you for your account.

1.3 Monitoring Alerts. We will notify you of a monitoring alert with the response times stated above.

1.4 Credit. If we fail to meet a response time stated above, then you are entitled to a credit of 1% of the fee for the affected service, and an additional .5% (one half of one percent) for each additional applicable time increment by which we fail to meet the response time, up to a maximum of 100% of the fee for the affected service for the month in which the failure occurs.   For example, if we fail to respond to an Urgent request within 60 minutes, then you are entitled to a credit of 1% of your fee for the affected Service, and an additional .5% for each additional full increment of 60 minutes that we do not respond. Your account must be current to be eligible for any service credits.

2. Cloud Infrastructure

The Cloud Infrastructure consists of the Amazon Web Services (“AWS”) compute, storage, database and networking services.  ClearDATA does not independently guaranty the performance of the AWS Cloud Infrastructure but agrees that if AWS issues a service credit to ClearDATA under an AWS Service Level Agreement applicable to your Services, ClearDATA will pass the credit through to you.  As of the Effective Date, the applicable AWS SLA’s may be found at:

http://aws.amazon.com/ec2/sla/ 
http://aws.amazon.com/s3/sla/
http://aws.amazon.com/rds/sla/
http://aws.amazon.com/route53/sla/

Additional AWS SLA’s may be added to this agreement as they are published by AWS.

To receive a pass through credit collected from AWS you must request a credit from ClearDATA at least five (5) business days before the deadline for ClearDATA to request a credit from AWS under the corresponding AWS SLA.  ClearDATA will use reasonable commercial efforts to obtain the requested credit from AWS, but has no obligation to pursue legal remedies against AWS for its failure to issue a credit as described in its SLA.

3. ClearDATA Healthcare Infrastructure

The ClearDATA Healthcare Infrastructure consists of the configuration elements added by ClearDATA on top of the Cloud Infrastructure, such as encryption, virtual machines, configuration management services applicable to the operating systems, networks, and firewalls. If any ClearDATA Healthcare Infrastructure is unavailable for more than 30 minutes, excluding Maintenance as defined below, you are entitled to a credit of 5% of the fee for the affected service, and an additional 3% for each additional full increment of 30 minutes that the element remains unavailable, up to a maximum of 100% of the fee for the affected service for the month in which the unavailability occurs.  A service is “unavailable” if, due to failures related to contracted services, you are unable to use the service for its intended purpose or it fails to respond to a monitoring query. Your account must be current to be eligible for any service credits.

4. ClearDATA Management Portal

If your ClearDATA customer portal is unavailable for more than 30 minutes, excluding Maintenance, you are entitled to a credit of 2% of the fee for the affected service, and an additional 1% for each additional full increment of 30 minutes that the element remains unavailable, up to a maximum of 100% of the fee for the affected service for the month in which the unavailability occurs.   The portal is “unavailable” if you are unable to open tickets, receive monitoring alerts, provision new images, or use any other material feature or function of the portal.  The portal is not unavailable if you are unable to change your account information or perform other account administration unless ClearDATA is unable to complete these changes for you via some other means.

5. Limitations on Credits

5.1 Cumulative Dollar Amount. Notwithstanding anything in this Agreement to the contrary, the maximum total aggregate credit for any calendar month under this SLA shall not exceed 100% of your recurring monthly fees for the affected Cloud Environment. Credits that would be available but for this limitation will not be carried forward to future months or applied to other Services.

5.2 Maintenance. Downtime, outages or other service level failures resulting from Maintenance are not included in the measure of unavailability or response times. “Maintenance” means: a) AWS maintenance as defined in the AWS SLAs; b) ClearDATA maintenance performed during a maintenance window that we scheduled at least 72 hours in advance and that occurs during off peak hours in the time zone where the data center is located; c) maintenance of your configuration that you request and that we schedule with you in advance (either on a case by case basis, or based on standing instructions), such as hardware or software upgrades; or d) critical unforeseen maintenance needed for the security or performance of your configuration or our network.

5.3 Extraordinary Events. You are not entitled to a credit for downtime or outages resulting from force majeure events.

5.4 Your Breach of the Agreement. You are not entitled to a credit if you are in breach of your cloud services agreement (including your payment obligations to us) at the time of the occurrence of the event giving rise to the credit. You are not entitled to a credit if the event giving rise to the credit would not have occurred but for your breach of the cloud services agreement.

5.5 Disabling or Removing of Monitoring or Security Services, Interference with Services. You must notify us in advance if you plan to disable, block, or remove any monitoring or security element of your service(s).  We will not issue you any credit for events that occur on services that do not adhere to our standard configurations or the package purchased and/or monitoring schemes.

5.6 Logical Access. The SLA is contingent on ClearDATA having full logical access to your configuration. No credit will be due if the credit would not have accrued but for your restriction of our logical access to your configuration.

6. Measurement of Time Periods

For the purpose of determining whether a credit is due, time periods will be measured from the time stamp generated by our ticket system, or the time an interruption is recorded in our monitoring system, as applicable. You may open a support ticket to document the start time for a support request or other incident, or, if you contact us by telephone to request support, we will open a ticket. If you contact us by phone, there may be a delay between the time of the call and the time we open a ticket.

7. Requests

You must request a credit in writing by sending an email to support@cleardata.com no later than seven days following the occurrence of the event giving rise to the credit. We will contact you within thirty days to approve or reject the claim or to request more information. If the claim is approved, the credit will appear on your monthly invoice following approval.

8. Credits are Sole and Exclusive Remedy

The credit remedies provided in this SLA are your sole and exclusive remedy for damages arising from ClearDATA violation of a service level for which credit is provided.

Revision date August 28, 2017