By using the Resdida, LLC. ("Resdida") ResdidaMOBILIZE platform you ("Client") acknowledge that such services and deliverables are made available subject to Resdida Service Level Agreement ("SLA") and Terms & Conditions. This SLA may only be superseded by specific terms in a Services Agreement that may be executed with a Client.
For purposes of this SLA, each word or phrase listed below has the meaning designated. Other words or phrases may be defined in the context in which they are used, and shall have the respective meanings there designated.
1.1. "Client Service" means any communication with a designated representative of the Client for the purposes of setting up, testing, analyzing, or troubleshooting campaigns on the platform.
1.2. "End User Service" means communications and/or issue resolution with End Users who may interact with a campaign via mobile or web. This may include, but is not limited to, customers having difficulty joining subscription services, participating in a poll, downloading content, etc.
1.3. "Resdida's Mobile Content Services" means the collective features and functionality made available to Client by Resdida MOBILIZE allowing interactions between Client and End Users for the purposes of engagement, marketing, or commerce via web and mobile channels.
1.4. "Priority One Defect" means a Defect that, in the reasonable judgment of Client, renders ResdidaMOBILIZE inoperable or is causing a serious adverse impact to Client's business operations.
1.5. "Priority Two Defect" means a Defect that materially impairs ResdidaMOBILIZE's performance of one or more facilities or functions detailed in the Specification, with the consequence that Client's business can be performed but in a restricted or inefficient manner.
1.6. "Priority Three Defect" means a Defect that does not significantly effect Client's current day-to-day business operations; but the performance or efficiency of Client's business operations might improve if such Defect were to be corrected.
1.7. "Technical Support" means any communication with a designated representative of the Client for the purposes of troubleshooting Defects.
1.8. "Update" means and includes the modifications or revisions made to the ResdidaMOBILIZE platform (i) to improve upon or repair existing features and operations within ResdidaMOBILIZE, (ii) to ensure compatibility with new releases of existing systems (including hardware, operating systems and middleware) and external services through standardized interfaces, or (iii) to comply with applicable laws, regulations, industry standards or market practice, when such modifications or revisions are required.
2.1. End User Service. Resdida will provide support for Clients' mobile messaging and content campaigns and End User inquiries. Resdida will provide help via email and a hosted website as first line support and for an additional subscription cost, and live customer service representatives as second line support. All customer service representatives will speak fluent English and meet or exceed call center industry standards regarding quality of service.
2.2. Hosting. Resdida shall host the Resdida Mobile Content Services in an environmentally controlled facility that is physically secure, implements industry standard network security, and provides for 24x7x365 monitoring against network intrusions. Resdida shall make commercially reasonable efforts to make the Resdida Mobile Content Services available to Client and End Users 99% of the time (tested per day), twenty four hours a day, seven days per week, three hundred sixty five days per year, except for certain scheduled service and maintenance or in the event of emergency or events of force majeure. Resdida shall make reasonable efforts to perform service and maintenance to the Resdida Mobile Content Services outside peak usage hours. Resdida shall:
2.2.1. Maintain sufficient bandwidth to enable Clients and End Users to interact with services in a commercially reasonable timeframe. However, Resdida makes no direct obligation to client for carrier or aggregator delays outside of Resdida's control.
2.2.2. Maintain sufficient data storage for the data generated by the End Users and the storage of the Client data such that all data is backed up in a commercially reasonable manner.
2.2.3. Maintain an e-mail subscription such that Clients, upon request, may be given 24 hours notice of schedule maintenance.
2.3. Data Security. Resdida shall undertake and perform commercially reasonable efforts to ensure the security, confidentiality and integrity of all content delivered to Resdida by Client or any End User through the use of commercially reasonable efforts regarding (i) firewall protection, (ii) maintenance of archival and backup copies at multiple locations, and (iii) protection from any network attacks and other malicious harmful or disabling data, work code, or programs. Resdida shall immediately notify Client in the event of any breach of security, confidentiality or integrity of the Resdida Mobile Content Services. All services by Resdida shall be performed in compliance with all applicable laws, rules and regulations of national, state, or local governments. Resdida shall promptly answer any reasonable inquiries of Client regarding Resdida's compliance with the foregoing. Resdida shall immediately correct all errors, defects or omissions in the Resdida Mobile Content Services.
2.4. Technical Support. Resdida will provide Client's authorized users with remote technical assistance and consultation relating to the general use and operation of ResdidaMOBILIZE through Resdida's Client Services and Operations.
2.5. Problem Resolution. Resdida will provide problem resolution for Defects in accordance with the service priorities and effort standards provided in Section 3 below.
2.6. Notification of Known Defects. Resdida will notify Client concerning all known Defects in ResdidaMOBILIZE, as such Defects become known or are reported to Resdida. Resdida will promptly correct any such Defects, or develop a work-around, patch or other fix, and furnish Client with such correction, work-around, patch or other fix as soon as practicable.
2.7. Remote Access. At Client's request, Resdida will provide remote technical assistance and consultation for (i) general help in the use of ResdidaMOBILIZE during Client's normal business hours, and (ii) reporting of Priority One or Priority Two Defects, 24 hours per day, seven days per week.
2.8. Updates and Enhancements. Resdida will make available to Client (at no additional cost) all Updates and Enhancements for ResdidaMOBILIZE, along with materials describing the purpose and function of the Updates. Resdida will ensure that Updates containing new features or enhancements to existing features are synchronized with the previous version. Such Updates shall not degrade the performance, functioning or operation of ResdidaMOBILIZE.
2.9. Technological Improvements. Resdida will develop and make available to Client through Updates, all modifications and revisions required to enable ResdidaMOBILIZE to operate in compliance with any applicable law.
2.10. Documentation. Resdida will provide modified Documentation to correspond to changes made to ResdidaMOBILIZE via support materials available at www.ResdidaMobilize.com, within thirty (30) days of such changes.
Each reported Defect will be classified by Client as a Priority One, Priority Two or Priority Three. Resdida will respond to Client's request for support in a manner appropriate for the Priority of Defect specified by Client as follows.
3.1. Priority One Defect. Resdida will initiate diagnostic and remedial measures within one (1) hour of Client's telephonic, electronic or other notification of a Priority One Defect. Once Resdida has commenced corrective measures, Resdida will work continuously and diligently until the Defect has been remedied. If Resdida can not satisfactorily correct a Priority One Defect through telephone, electronic or other remote means within two (2) hours after Client's initial notification, then Resdida will apply dedicated efforts and resources (at no additional cost to Client) until the Defect is corrected. If Resdida cannot satisfactorily correct a Priority One Defect within twenty-four (24) hours after Client's initial notification, then Resdida will apply dedicated efforts and resources (at no additional cost to Client) until the Defect is corrected. Resdida will periodically advise Client concerning Resdida's progress, but not less than once each 4 hour period via preferred communication method: email or telephone.
3.2. Priority Two Defect. Resdida will initiate diagnostic and remedial measures within four (4) hours of Client's telephonic, electronic or other notification of a Priority Two Defect. Once Resdida has commenced corrective measures, Resdida will complete all such corrections as soon as reasonably practicable. If Resdida cannot satisfactorily correct a Priority Two Defect through telephone, electronic or other remote means within twenty-four (24) hours after Client's initial notification, then Resdida will apply dedicated efforts and resources (at no additional cost to Client) until the Defect is corrected. Resdida will periodically advise Client concerning Resdida's progress, but not less once each 24 hour period via preferred communication method: e-mail or telephone.
3.3. Priority Three Defect. For Priority Three Defects, Resdida will endeavor to correct the Defect and furnish and furnish a remedy no later than the next Update.