eFront Software as a Service Terms and Conditions
The “Supplier” provides this Service Level Agreement (“SLA”) to its eFront (SaaS) Customers subject to the following terms. The version of this SLA that is current at the commencement or renewal of the term of your subscription will apply.
1. Definitions
“Authorized Contact” means the individual who has signed on behalf of the Customer the contractual documents of your eFront instance.
“Availability Credit” means the remedy the Supplier will provide for a validated Claim. The Availability Credit will be applied in the form of a credit or discount against a future invoice of subscription charges for the Service.
“Claim” means a claim submitted by your Authorized Contact to the Supplier pursuant to this SLA that a Service Level has not been met during a Contracted Month.
“Contracted Month” means each full month during the term of the Service measured from 12:00 a.m. Eastern US time on the first day of the month through 11:59 p.m. Eastern US time on the last day of the month.
“Customer” means an entity with a paid subscription for the Service, which has entitlement for use of the Service at the time of submitting a Claim, and which is not in default of any material obligations, including payment obligations, under its contract with the Supplier (the “Agreement”)
“Downtime” means a period of time during which production system processing for the Service has stopped and all of your users are unable to use all aspects of the Service for which they have appropriate permissions. By way of clarification, there is no “Downtime” if any user can use any aspect of the Service for which they have appropriate permissions. Downtime does not include the period of time when the Service is not available as a result of:
- Planned System Downtime.
- Force Majeure.
- Problems with Customer or third party applications, integrations, equipment or data.
- Customer or third party acts or omissions (including anyone gaining access to the Service by means of your passwords or equipment).
- Failure to adhere to required system configurations and supported platforms for accessing the Service.
- Supplier’s compliance with any designs, specifications, or instructions provided by Customer or a third party on Customer’s behalf.
“Event” means a circumstance or set of circumstances taken together, resulting in a failure to meet a Service Level.
“Force Majeure” refers to any downtime minutes that are the result of events or conditions beyond reasonable control of the Supplier. Such events include but are not limited to “acts of God” such as fire, flood, earthquake, riot, volcano eruptions, epidemics and terrorism, war, labor action, governmental acts, orders or restrictions.
“Planned System Downtime” means a scheduled outage of the Service for the purpose of service scheduled maintenance or system updates, such as but not limited to, when a release, patch or hot fix is applied.
“Scheduled maintenance” means maintenance that is announced at least one week in advance, and that does not exceed three hours in any calendar month.
“Service” means the eFront (SaaS) production instance to which this SLA applies.
“Service Level” means the standard set forth below by which the Supplier measures the level of service it provides in this SLA.
“Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement”.
2. Availability Credits
In order to be eligible to submit a Claim you must have logged a support ticket for each Event with the eFront customer support help desk for the applicable Service. You must provide all necessary detailed information about the Event, including the time you were first impacted by the Event, and reasonably assist the Supplier with the diagnosis and resolution of the Event to the extent required. Such ticket must be logged within twenty-four (24) hours of your first becoming aware that the Event has impacted your use of the Service.
Your Authorized Contact must submit your Claim for an Availability Credit no later than five (5) business days after the end of the Contracted Month which is the subject of the Claim.
Your Authorized Contact must provide to the Supplier all reasonable details regarding the Claim, including but not limited to, detailed descriptions of all relevant Events and the Service Level claimed not to have been met.
The Supplier will measure internally total combined Downtime during each Contracted Month. Availability Credits will be based on the duration of the Downtime measured from the time you report that you were first impacted by the Downtime. For each valid Claim, the Supplier will apply the highest applicable Availability Credit corresponding to the total combined availability during each Contracted Month, based on the table below. The Supplier will not be liable for multiple Availability Credits for the same Event in the same Contracted Month.
Upon receiving your Claim, you will be notified within two weeks regarding the final decision on whether and how many Availability Credits are awarded.
The total Availability Credits awarded with respect to any Contracted Month shall not, under any circumstance, exceed 50 percent (50%) of the respective fee of the Contracted Month or equivalently one twelfth (1/12th) of the annual charge paid by the customer to the Supplier for the Service.
The Supplier will use its reasonable judgment to validate Claims based on information available in the records of the Supplier, which will prevail in the event of a conflict with data in your records.
THE AVAILABILITY CREDITS PROVIDED TO YOU IN ACCORDANCE WITH THIS SLA ARE YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM.
3. Service Levels – Availability of Service during a Contracted Month
Migration
If a cloud server migration is required because of cloud server host degradation, we will notify you at least a week in advance of beginning the migration, unless we determine in our reasonable judgment, that we must begin the migration sooner to protect your cloud server data. Either way, we guaranty that the migration will be complete within three hours of the time that we begin the migration.
Backups and data retention
Data is backed up daily and backups are retained for a period of 30 days. Backups are encrypted using the AES-256 encryption.
Availability
| Availability during a Contracted Month | Availability Credit (% of Monthly Subscription Fee for Contracted Month which is the subject of a Claim) |
| Higher than 98% and less than 99% | 1% |
| Less than 98% | 2% |
E-mail Ticket Based Support Terms and conditions
The following terms and conditions are applicable to the ticket-based customer support service.
The email ticketing support system is used to report and request assistance with any technical or user functionality related issue. This service allows only the eFront Administrator to send user queries & technical incidents. Requests for support can be sent via email to support@efrontlearning.com.
Customer support operates from 6 am to 11 pm (GMT) Monday to Friday.
The email ticketing support system is provided with one business day guaranteed response.
- Incident refers to an issue reported and requires support (user functionality, technical issue). We consider the use of one incident once the issue has been resolved, no matter how many emails are exchanged between the beneficiary of this service and our technical support team.
To report and request immediate assistance for urgent, server related, outages the email address emergency[at]efrontlearning[d0t]com can be used.
Limitations and Exclusions
You are not entitled to a credit if you are not a paid customer of the Service or you are in breach of your services agreement with the Supplier (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with the Supplier or your misuse of the Service.
Notwithstanding anything in this Service Level Guaranty to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 50% of your fee for the respective monthly billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.
The availability credits provided to you in accordance with this SLA are your sole and exclusive remedy with respect to any claim.
This SLA does not apply to the following:
- Beta and trial Services.
- Service users with free access plan for the service.
- Non-production instances, including but not limited to test, disaster recovery, training, Q&A, or development.
- Claims made by a Customer’s users, guests, and participants of the Service.
- Services, programs, enabling software or agents running on client systems or third party provided systems.
- If you have breached any material obligations under the Terms of Use, Acceptable Use Policy or your contract for the Service, including without limitation, breach of any payment obligations.
Fair use policy
Notwithstanding anything to the contrary herein, if the following limitations are exceeded, the availability standards set forth in this SLA cannot be guaranteed by Supplier and no Availability Credits will be awarded to Customer hereunder:
- For Plans involving concurrent user licenses: The total number of registered users (active and inactive, excluding archived accounts) present in the system should not exceed the number of concurrent licenses of the subscription multiplied by one hundred times (Concurrent x 100) e.g. for 100 concurrent licenses, 10,000 total registered users between active and inactive.
- For Plans involving registered user licenses: The total number of registered users (active and inactive, excluding archived accounts) present in the system should not exceed the number of registered licenses of the subscription multiplied by five times (Registered x 5) e.g. for 1,000 registered licenses, up to 1,000 active registered users + up to 4,000 inactive registered users.
For the avoidance of doubt, the Services are not set to impede registrations in excess of the fair use policy limitations set forth above, and there will be no overage fees or penalties imposed on the Customer for any such excess registrations. Nonetheless, Supplier cannot be held accountable, or have any liability whatsoever, for any performance or Downtime related issues that may arise if these limits have been exceeded.