Support and Service Level Agreement for hc1 Applications, effective as of June 20, 2016

hc1.com support services include different plans. Customers under contract with hc1.com or an organization reselling the Service or the Subscription Service (the “Reseller”) may select the level of service that is right for the Customer. This Support and Service Level Agreement outlines the support service that customers may select. Capitalized terms not defined in this Support and Service Level Agreement have the meaning given to them in the agreement that governs each Customer’s subscription to the Service or the Subscription Service (the “Agreement”) or the Main Terms of Service posted at www.hc1.com or such other URL as specified by hc1.com.

1. Definitions.

“Business Days” means Monday through Friday except for Federal holidays.

“Customer Care Fees” means the annual fees Customer pays to hc1.com or the Reseller (if Customer executed the Agreement for the Subscription Service with a Reseller) for Gold Support Service or Platinum Support Service as described herein.

“Period” means a five (5) minute interval of time.

“Service” means the hc1® Healthcare Relationship Cloud® for which Customer has purchased a subscription pursuant to the Agreement.

“Service Credit” means a dollar credit against future Subscription Fees that hc1.com or the Reseller will credit back to the Customer.

“Subscription Fees” means the fees paid by Customer to hc1.com or the Reseller, as the case may be, for a subscription to the Service/Subscription Service as included on an Order Form or other similar document.

“Service Month” means a period of thirty (30) consecutive days used to measure the Uptime Commitment. By way of an example, if the Service Month begins on March 5 of a calendar month, such Service Month shall end of April 4 of the following calendar month.

“Support” means the maintenance and support services described in this support and service level agreement hc1.com provides to Customer throughout the Term upon payment of the Subscription Fees.

“Unavailable” means unavailable for use by Customer due to any form of downtime, except for (i) maintenance or (ii) those instances that fall within an Exclusion.

2. Availability. The Service/Subscription Service will not be Unavailable for more than 3.6 hours (99.5% availability) per Service Month throughout the Term of this Agreement (the “Uptime Commitment”). In the event hc1.com fails to meet such Uptime Commitment, the Customer is eligible to receive a Service Credit, which will be equal to the number of Periods beyond the Uptime Commitment for which the Service/Subscription Service is Unavailable during a particular Service Month, multiplied by the Subscription Fees paid for the Service Month divided by the number of Periods in the Service Month. The total Service Credits shall not exceed 50% of the paid Subscription Fees for that month. A Service Credit will apply against future Subscription Fees otherwise due from Customer. Service Credits do not entitle Customer to any additional payments from hc1.com.

The Service/Subscription Service shall not be deemed Unavailable if the cause of the unavailability is due to any of the following: (i) the suspension or termination of Customer’s or User’s right to use the Service/Subscription Service in accordance with the Agreement; (ii) factors outside of hc1.com’s reasonable control, including any force majeure event, Internet access or related problems beyond the demarcation point of hc1.com’s hosting provider; or (iii) the action or inaction of Customer or a User (each an “Exclusion”).

3. Credit Request and Payment Procedures. To receive a Service Credit, Customer must submit a request by sending an e-mail message to sla-request@hc1.com.The Service Credit request must:

  • include Customer’s account number in the subject of the e-mail message;
  • include, in the body of the e-mail, the dates and times of each incident the Customer claims the Service/Subscription Service was Unavailable; and
  • be received by hc1.com or the Reseller as the case may be, within sixty (60) business days of the last reported incident in the request.

hc1.com will confirm the extent to which the Service/Subscription Service was Unavailable as claimed in the request, and if each instance is affirmatively confirmed by hc1.com, then hc1.com or the Reseller as the case may be, will issue the Service Credit to Customer (i) after the anniversary of the Effective Date following the date in which the Subscription Service was Unavailable or (ii) at the time Customer signs an Order Form for additional Subscription Services, whichever occurs first.

4. Maintenance. hc1.com will perform routine and when needed, emergency maintenance from time to time as described in this Section.

  • Scheduled Maintenance. hc1.com will routinely perform maintenance on Wednesday, Friday or Sunday between the hours of 11:00 PM and 3:00 AM, Eastern Time. This maintenance may require specific Services to be suspended during the maintenance period. hc1.com will endeavor to provide notice two (2) Business Days in advance of such maintenance.
  • Emergency Maintenance. Under certain circumstances hc1.com may need to perform emergency maintenance, such as security patch installation or hardware replacement. hc1.com reserves the right to perform such maintenance at any time and without advance notice in case of emergency maintenance.

In addition to performing maintenance, hc1.com will use industry standard practices to determine whether server hardware is functioning properly and will replace non-functioning hardware with similarly functioning hardware of equal or greater quality. hc1.com shall use commercially reasonable efforts to implement hardware replacement. Unless an emergency situation, such replacement shall take during scheduled maintenance.

5. Customer Care Service.

This section relates to the contents of maintenance and support services (“Customer Care”) to be provided to Customer during the Term. hc1.com shall provide Customer Care Services during the Term subject to the payment of all Customer Care Fees (if applicable) and Subscription Fees when due.  Furthermore, hc1.com shall: (i) provide to Customer standard customer care, and if selected by Customer upgraded customer care, for the Service/Subscription Service at such fees as further described in the Order Form; (ii) use commercially reasonable efforts to make the Service/Subscription Service available, except for: (a) scheduled maintenance, or (b) any Unavailability caused by circumstances beyond hc1.com’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving hc1.com’s employees), or Internet service provider failures or delays; and (iii) provide the Service/Subscription Service only in accordance with applicable laws and government regulations.

Customer Care calls and emails are handled by a hc1.com support analyst. Each issue is logged at intake into hc1.com’s Customer Care ticketing system and assigned an incident number for the customer’s future reference. Response, Analysis, Interim and Final Resolution are documented using this log to ensure continuity throughout the process and to provide future reference for others encountering similar issues. Each customer may receive the current status of the customer’s problem by contacting hc1.com and requesting the status of the assigned incident number. hc1.com offers three (3) levels of Customer Care tailored to each customer’s need. The three (3) Customer Care service levels are summarized in the table below.

 Customer Care Support Packages

  Standard Enhanced Premium
Support Hours
Severity Level 1 9 am – 5 pm, Eastern Time on Business Days 9 am – 9 pm, Eastern Time on Business Days 24 x 7
Severity Level 2 9 am – 5 pm, Eastern Time on Business Days 9 am – 9 pm, Eastern Time on Business Days 24 x 7
Severity Level 3 9 am – 5 pm, Eastern Time on Business Days 9 am – 5 pm, Eastern Time on Business Days 9 am – 5 pm, Eastern Time on Business Days
Severity Level 4 9 am – 5 pm, Eastern Time on Business Days 9 am – 5 pm, Eastern Time on Business Days 9 am – 5 pm, Eastern Time on Business Days
Severity Level 5 9 am – 5 pm, Eastern Time on Business Days 9 am – 5 pm, Eastern Time on Business Days 9 am – 5 pm, Eastern Time on Business Days
 
Submission Channels
Severity Level 1 Customer Care Line and Online Portal Customer Care Line and Online Portal Dedicated Customer Care Line and Online Portal
Severity Level 2 Customer Care Line and Online Portal Customer Care Line and Online Portal Dedicated Customer Care Line and Online Portal
Severity Level 3 Online Portal Customer Care Line and Online Portal Dedicated Customer Care Line and Online Portal
Severity Level 4 Online Portal Customer Care Line and Online Portal Dedicated Customer Care Line and Online Portal
Severity Level 5 Online Portal Customer Care Line and Online Portal Dedicated Customer Care Line and Online Portal
 
Priority Call Queue
Severity Level 1 X X X
Severity Level 2 X X X
Severity Level 3 X
Severity Level 4 X
Severity Level 5 X
 
Response Time*
Severity Level 1 2 hours 60 minutes 60 minutes
Severity Level 2 2 hours 60 minutes 60 minutes
Severity Level 3 3 – 5 Business Days 2 – 3 Business Days 2 Business Days
Severity Level 4 3 – 5 Business Days 2 – 3 Business Days 2 Business Days
Severity Level 5 3 – 5 Business Days 2 – 3 Business Days 2 Business Days
 
Initial Analysis**
Severity Level 1 4 hours 2 hours 2 hours
Severity Level 2 4 hours 2 hours 2 hours
Severity Level 3
Severity Level 4
Severity Level 5
 
Priority Resolution
Severity Level 1 X X X
Severity Level 2 X X X
Severity Level 3 X X
Severity Level 4 X X
Severity Level 5 X X
 
Customer Care Fees Included 20% of the monthly Subscription Fees or $3,000 per month, whichever is greater 30% of the monthly Subscription Fees or $6,000 per month, whichever is greater

*Response time begins when hc1.com receives the Customer call or inquiry via the online submission form.

**Initial analysis begins when hc1.com responds to the Customer call or inquiry via the online submission form.

All support requests should be made through the authorized support contact and / or system admin.

6. Severity Level Definitions.

Severity Level 1: Critical

A Severity Level 1 event is defined as a catastrophic production problem resulting in production unavailability.

Severity Level 2: High

A Severity Level 2 event is defined as an instance in which a Customer’s production environment is functioning but in a severely reduced capacity.  Customer’s production environment is exposed to loss or interruption in service.

Severity Level 3: Medium

A Severity Level 3 event is defined as problem that involves partial or non-critical functionality loss.  Customer resources may be required to resolve the problem and impact to Customer operations may exist.  Workarounds may exist.

Severity Level 4: Low

A Severity Level 4 is related to general issues, usage issues, questions, or recommendation for future product enhancements and/or modifications.  There is only minor impact on the quality, performance, or functionality of the product.

Severity Level 5: Low, Workaround Exists

A Severity Level 5 is related to a problem that has a workaround.  Small configurations changes or modifications to application settings are examples.  Enhancement requests may also be categorized as such.