Commotion SLA
Last Updated: October 16th 2023
1. Definitions
“Emergency Maintenance” means maintenance that is performed by Commotion due to a major issue impacting the Platform outside of the Scheduled Maintenance Window.
“Scheduled Maintenance Window” means the designated time periods during which Commotion may limit or suspend access to the Platform so that planned maintenance may be performed, generally between 12:00 a.m. and 6:00 a.m. Central time.
“Scheduled Maintenance” means Platform maintenance that is performed by Commotion during a Scheduled Maintenance Window, or when Commotion has provided at least 12 hours advance notice using e-mail, in-app (or another method) to Client specifying the nature and anticipated impact upon the Platform.
2. Support
E-mail Support
Commotion e-mail support is available 24 x 7 x 365 at support@gocommotion.com.
3. Service Performance
3.1 Availability of the Platform
Commotion shall provide 99.9% Platform uptime, measured each calendar month (“Platform Uptime”). The following are excluded for purposes of computing Platform Uptime: (i) Scheduled Maintenance or Emergency Maintenance; (ii) unavailability caused by acts or omissions of Client or its agents; (iii) unavailability caused by network unavailability or bandwidth limitations outside of the Commotion network; (iv) any Force Majeure Event (collectively, “Permitted Downtime”). Any other time when the Platform is unavailable is “Downtime”.
The Platform Uptime for a given calendar month (subject to any Permitted Downtime) will be calculated on a monthly basis as follows: Where: Total minutes in the month= TMM; Total Downtime minutes in month Unavailable (excluding Permitted Downtime) = TMD; and: Uptime = (TMM-TMD) x 100/TMM. Commotion’s records and data will be the sole basis for all SLA calculations and determinations.
For example, assume the Platform had 6 minutes unavailable in June (TMM = 43,200), excluding 8 minutes of Permitted Downtime. 43,200 minus 6 equals 43,194 multiplied by 100 divided by 43,200 = 99.986% Uptime
3.2 Maintenance
Commotion will use commercially reasonable efforts to minimize the impact for Clients using the Platform by typically utilizing only one or two Scheduled Maintenance Windows per month and performing operations to minimize Client impact. Commotion reserves the right to perform any required Emergency Maintenance work outside of the Scheduled Maintenance Window and will use commercially reasonable efforts to notify Client as soon as reasonably possible upon identifying the required emergency work via email or phone call to the Client’s administrator before commencing any Emergency Maintenance outside of the Scheduled Maintenance Window.
Level 1 (highest)
Severity Level
Commotion’s Platform experiences the complete loss of core functionality for all Users or experiences a data Security Incident.
For example, the Client cannot connect to the Platform or Services.
Initial Response Time
Within 15 minutes after Commotion’s receipt of Client’s notification of the issue.
Resolution Time
Commotion shall work continuously to restore regular operation and resolve the issue as soon as practicable after Commotion’s receipt of the Client’s notification of the problem. Commotion will provide updates to the Client on a timely basis.
Commotion will devote qualified technical support and developer personnel, as needed, to work on the problem exclusively and continuously until it is corrected.
Level 2
Severity Level
A significant segment of Commotion’s Platform experiences a loss of functionality disrupting the normal customer experience for a high percentage of Users.
For example, the Client cannot access entity connections.
Initial Response Time
Within 1 hour after Commotion’s receipt of the Client’s notification of the issue.
Resolution Time
Commotion shall work continuously to restore regular operation and resolve the issue as soon as practicable after the Company’s receipt of the Client’s notification of the problem. Commotion will provide updates to the Client on a timely basis.
Level 3
Severity Level
Any other problem or bug with the Platform that does not affect core functionality or that the Client can circumvent by using a temporary workaround.
Initial Response Time
Within 72 hours after Commotion’s receipt of the Client’s notification of the issue.
Resolution Time
Commotion shall work to restore regular operation and resolve the issue as a part of the next planned Release after the Company’s receipt of the Client’s notification. Commotion will provide updates to the Client when requested.
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Unless otherwise classified, Commotion shall consider all issues to be Level 3 by default. Upon triage, Commotion shall, in good faith, determine the classification/severity of the service incident and shall respond according to the above table.
Commotion must be able to reproduce errors to resolve them. Client agrees to cooperate and work with Commotion to reproduce errors as requested and appropriate. Client agrees to provide Commotion with all information and materials reasonably requested by Commotion for use in replicating, diagnosing and correcting an error or other support issue reported by Client.
Commotion does not commit to specific resolution times due to the varying levels of complexity involved in any specific issue. Commotion has targeted resolution timeframes specific to each Severity Level and will commit appropriate resources to resolve the issue within those targeted timeframes.
4. Data Security and Privacy
4.1 Commotion will employ industry-standard security measures to protect Customer's data from unauthorized access or disclosure.
4.2 Commotion will comply with applicable data protection laws and regulations regarding the collection, storage, and processing of Customer's data.
4.3 Commotion will not use Customer's data for any purpose other than providing and improving the Service, as outlined in the Privacy Policy.
5. Data Backup and Recovery
5.1 Commotion will perform daily backups of Customer's data to ensure its availability and integrity.
5.2 In the event of data loss or corruption, Service Provider will use reasonable efforts to restore the data from the latest backup available. Commotion shall recover the data with RTO and RPO objectives of 8 hours and 24 hours respectively.
6: SLA Non-Compliance
6.1 Service Availability: In the event that the Service Availability falls below the Service Availability Target specified in Section 3.1 for 3 consecutive months, Commotion shall be deemed to be in breach of this SLA.
6.2 In the event of SLA non-compliance, as defined in Section 6.1, Commotion will provide service credits to the Customer as a remedy for the breach. Service credits will be calculated as follows:
- The Service Credit will apply to Fees and will be based on Downtime minutes. Client will receive two minutes for each minute of Downtime as a Service Credit, based on the current annual Fees paid for the Services. The Service Credit will be applied to the Fees for the next renewal period under the applicable Order Form. The client must notify Commotion in writing within thirty (30) days from the time Client becomes eligible to receive a Service Credit. Failure to comply with this requirement will result in a forfeiture of the right to receive the Service Credit. Commotion shall not be held responsible for any SLA non-compliance caused by factors beyond its reasonable control, including but not limited to acts of nature, acts of terrorism, internet connectivity issues, or actions of third-party service providers.