SERVICE LEVELS SCHEDULE
a. Definitions.
i. “Available” means the Platform was accessible to Partner or Customers and its or their authorised users, as determined by Walnut’s server logs.
ii. “Client Systems” means the Customer's information technology infrastructure and operating environment, including computers, software, databases, systems, and networks.
iii. “Documentation” includes all manuals, instructions, publications, instructions, video content, diagrams, and similar materials related to the operation of the Platform or the API.
iv. “Error” means any failure of the Platform to operate in all material respects in accordance with the requirements of this Statement of Work or the Documentation.
v. “Excluded Interruption” means: (1) failures, degradations, or fluctuations in Systems, including electrical, connectivity, network, or telecommunications equipment failures, degradations, or fluctuations; (2) failures resulting from a third party’s services, tools, utilities, equipment, software, or other technology not controlled or provided by Walnut; (3) interruptions resulting from Walnut taking or not taking any action at the request of Partner; (4) interruptions caused by Internet access or related problems beyond the demarcation point of Walnut or its service providers;
vi. “Scheduled Maintenance” regularly scheduled or announced maintenance on the Platform by Walnut or its authorized service providers, of not more than once per month and only occurred between 10p.m. and 5 a.m EST on Saturdays and Sundays on a best-efforts basis.
vii. “Service Availability” means the uptime of the Platform expressed as a percentage and calculated by the following mathematical expression applicable to a calendar month:
(total number of minutes in the month in which the Platform was Available)
/
(total minutes in the month – number of minutes in the month in which the Platform experienced an Excluded Interruption)
=
Service Availability
viii. “Service Interruption” means a failure of the Platform or API, as applicable, to meet the Service Availability standard stated in this Schedule.
b. Availability. The Platform, including its connections to a Partner as intended by the functionality of the Platform and API, will have a Service Availability of at least 99% in any calendar month.
3.0 System Response Time Service Level
Walnut represents and warrants that ninety-five percent (95%) of all transactions shall process at no more than one (1) second.
If Walnut’s system response times fall below the warranted level for three (3) or more consecutive weeks, a Partner shall receive service credits against fees for that month.
4.0 Performance and Availability Scalability
Walnut represents and warrants that the performance and availability Service Levels shall be valid and applicable with a concurrent user increase of up to one thousand (1,000) users.
5.0 Support and Error Resolution
Walnut shall establish and maintain the organization and processes necessary to provide support and error-resolution services. Upon receipt of telephone or written notice from a Partner specifying a problem, and upon receipt of such additional information as Walnut may request, Walnut shall respond as described below to resolve reported and reproducible errors in the Subscription Services or SaaS Software, so that the application operates as specified in this SaaS Subscription Schedule. Walnut shall determine the priority level in accordance with the following protocols:
(i) SEVERITY 1 – CRITICAL BUSINESS IMPACT. The production use of the Subscription Services is stopped or so severely impacted that the service cannot reasonably continue work; requires round-the-clock attention until the problem is resolved (a “Severity 1 Error”).
a. Walnut shall begin work on the error within sixty (60) minutes of notification;
b. Walnut shall engage development staff until the problem is circumvented or corrected.
(ii) SEVERITY 2 – SIGNIFICANT BUSINESS IMPACT. A high-impact problem is affecting Service Levels and/or materially impacting a Partner’s use of the Subscription Services. Problem resolution shall be initiated within one hundredand twenty (120) minutes, and the resolution of these problems requires serious and sustained attention during normal business hours (defined as 8am – 5pm Eastern time) until the problems are circumvented or corrected (a “Severity 2 Error”).
a. Walnut shall begin work on the error within one hundred and twenty (120) minutes of notification;
b. Walnut shall engage development staff until the problem is circumvented or corrected.
(iii) SEVERITY 3 – SOME BUSINESS IMPACT. This includes problems ofgeneral work-queue type and that do not come within the definitions of Severity1 Error or Severity 2 Error. These problems shall be addressed after Severity 1 Errors and Severity 2 Errors have been corrected and may be pursued during normal business hours on a resources-available basis (a “Severity 3 Error”).
a. Walnut shall begin work on the error within one (1) day of notification; and
b. Walnut shall engage development staff to provide a workaround and to resolve the problem as soon as possible.
(iv) SEVERITY 4 – MINIMUM BUSINESS IMPACT. A Partner requests information, an enhancement, or documentation clarification regarding the Subscription Services or SaaS Software but there is no impact on the operationof the Subscription Services or SaaS Software. The implementation or production use of the Subscription Services or SaaS Software is continuing and there is no work being impeded at the time (a “Severity 4 Error”).
a. Walnut shall provide a response regarding the requested information or documentation clarification within five (5) days of notification; and
b. Walnut shall consider enhancements for inclusion in a subsequent update to the Subscription Services, SaaS Software or documentation.