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Service Level Agreement

Definitions.

“Down Time” means time when a failure impairs or prevents: (a) for the Lithium Community Subscription Services, the initiation of new user requests for Lithium service and continued use of the service is not available to at least 50% of Customer’s End Users, (b) for the Lithium Social Media Management Subscription Services, at least 50% of Customer Users are unable to log in and/or are unable to write to, and/or receive messages from, a major third party social media site to which Lithium connects, or (c) when Lithium’s Performance goals are not achieved.

“Covered Down Time” means Down Time, as measured by Lithium’s primary operational monitoring harness, which is not caused by Force Majeure, by Customer’s actions, or by a third party who is not a subcontractor to Lithium (e.g., third party social media site or ISP), and which is not scheduled Down Time. While Lithium shall use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Covered Down Time does not include any reasonably unforeseeable interruption or degradation in service due to actions or inactions caused by third parties, including but not limited to DDoS attacks.

“Force majeure” means a cause of delay or failure to perform beyond a party‘s reasonable control, which such party is unable to overcome by exercise of reasonable diligence, including acts of God, war, terrorism, strikes, failures of suppliers, fires, floods or earthquakes.

Service Commitments.

Hosting Facilities. Lithium shall host the Content and Applications at geographically distributed hosting facilities in the European Union and the United States whose services include secure data centers, infrastructure, redundant bandwidth peering, redundant power with backup generators, and environmental control systems. Hosting Facilities shall maintain annual ISAE 3402 or SSAE 16 SOC 1 or 2 audits, ISO 27001:2005 security standard certification or substantial conformity with ISO 27002 code of practice or similar. Lithium shall host Content and Applications for European customers in the European Union unless approved by the Customer. Lithium personnel shall access Content and Applications from either United States or the European Union for monitoring, support, troubleshooting, and in course of providing services under this Agreement. Lithium integrates with third party hosted services for data feeds and specialized functionality. Hosting and data processing for these third party services is not maintained within Lithium’s hosting environments.

24x7 monitoring. Lithium shall monitor and maintain the Applications from its 24x7 network operations center for all of the systems within Lithium’s control required to maintain the Applications, including the monitoring of system utilization, storage utilization, network utilization, and certain application-level criteria. Lithium shall provide Customer with 24x7 emergency contact channels for Severity 1 incident reporting. Lithium shall promptly report all broadly impacting outages, incouding performance degradation, to the status page at http://status.lithium.com

99.9% uptime; Remedies: Credits and Termination. Subject to the provisions of this SLA, Lithium shall provide 99.9% uptime measured monthly. Customer shall be entitled to 2 minutes of service credit for each full minute of Covered Down Time, with a minimum of 1 hour of service credit per incident, and for Covered Down Time in excess of 60 minutes within a given calendar day, customer shall be entitled to 1 day of service credit for each such calendar day (in each case an “Eligible Service Credit”). Total applicable service credits shall be applied at the conclusion of the Subscription Duration. Covered Down Time in excess of 8 hours in any calendar month shall constitute monthly covered down time (“Monthly Covered Down Time”). Three (3) events of Monthly Covered Down Time in any consecutive 6 month period shall constitute material breach and Customer shall have the right to terminate the MSA and all SOWs upon 5 days written notice to Lithium. To receive any of the credits described in this Appendix, Customer must notify Lithium no later than 30 calendar days from the time Customer becomes eligible to receive such credits.

Reporting. Upon request, Lithium shall provide monthly service availability reports. Additionally, Customer shall receive Root Cause Analysis reports for Covered Downtime.

Scheduled Down Time. Lithium shall schedule Down Time with at least 3 days’ notice to the Customer. Such Down Time shall be reasonably scheduled during typically minimal traffic hours and days for Customer. However, Lithium may schedule Down Time at any time of the day with shorter or no notice if Lithium reasonably determines that a failure to act immediately would lead to significant harm to either Lithium or Customer. Lithium also reserves 15 minutes per day at times of minimal traffic for regular site maintenance that shall require no notification. Lithium Scheduled Down Time shall not exceed 8 hours per month.

Performance. Lithium shall provide response times below 500 ms average latency for: (a) in regards to Lithium Community Subscription Services, all non-customized pages, and, (b) in regards to the Lithium Social Media Management Subscription Services, all user interface pages; calculated on a calendar monthly basis. Latency is measured for first byte from a point within the same physical network, and excludes computationally intensive pages such as search & real-time analytics, internal user pages and auto-archived message pages. Lithium reserves the right to use a static page on the Application instance for testing purposes.

Customer service. Lithium shall provide Customer service in accordance with the contracted support level.

Response to service incidents. Unless otherwise classified through the case portal, Lithium shall consider all issues to be Severity 3 by default. Upon triage, Lithium shall, in good faith, determine the classification/severity of the service incident and shall respond in accordance with the applicable Support Response Time indicated below for the support level that Customer has purchased in the applicable Service Order.

Support Response Times:

Incident Severity

Incident Description

Silver

Gold

Platinum

Severity 1

Production service outage, severe performance degradation or major security incident that results in Covered Down Time

30 minutes

15 minutes

15 minutes

Severity 2

Failure in a subsystem or primary function of the product that does not result in Covered Down Time

2 business days
via community support

4 business hours

4 business hours

Severity 3

Minor defect, product information inquiry or feature request

5 business days
via community support

1 business day

1 business day

Appropriate resources. Lithium shall commit appropriate resources to resolve any Down Time in a timely manner, and to alleviate a Severity 1 incident in accordance with the contracted support level.

Usage Limits. Lithium’s SLA shall apply to Customer as long as: (i) Customer is current on its payment obligations to Lithium, and (ii) Customer’s actual usage remains under the Usage Limits specified in the Service Order, and, (c) further, Customer’s actual usage does not exceed 10 million RSS feed views per month, 1 million in email volume generated by page subscriptions per month, and/or 40 million attachment segments per month. For purposes of the foregoing, “RSS feed views” means the number of messages pushed via RSS and “attachment segments” means the number of 25kb data blocks uploaded or downloaded as attachments. However, Lithium shall make commercially reasonable efforts to maintain SLA requirements within Customer’s existing provisioning in all circumstances.

Disaster recovery. Lithium shall maintain disaster recovery plans for generally expected disaster profiles, and shall execute such plans with its best commercially reasonable efforts under the circumstances and in a timely manner upon the occurrence of a disaster event

The following provisions are applicable only to subscribers to the Lithium Community Subscription Services:

Studio Publishing. Customers using Studio Publishing can deploy Studio customization work to their Production environment at their desired time without Lithium’s involvement. Customers using this feature shall be provided with a Preview mode where they can review all changes made in Studio as they would appear on their Production environment before the final deployment. Customer shall be provided with a mechanism to cancel and rollback the final deployment of changes from Preview mode to Production in case they find changes that they do not want to deploy.

Studio Publishing shall be temporarily disabled in the following cases:

- During Scheduled and Covered Down Time

- During a Professional Services engagement where work is done by Lithium on behalf of the customer

Lithium is not responsible for Down Time caused by errors introduced by Customer’s own work that is then deployed by Customer using Studio Publishing.

Rollback. Lithium shall keep at least one level of rollback to allow undoing any patch, update, or upgrade deployed by Lithium.

Upon notification of Down Time introduced by a Studio Publishing deployment, Lithium shall handle Rollback of Customer-introduced changes that caused the Down Time, and initiate redeployment of Customer’s environments to the last known good configuration, potentially undoing all customization work done by Customer or Lithium since the last successful deployment.

Reverse Proxy Implementation. Customer use of a reverse proxy configuration must be implemented in accordance with the appropriate implementation process specified by Lithium and set forth in the Statement of Work. Customer shall provide all of the requested information, follow the specified guidelines and cooperate as required in accordance with the SOW during the term of the Agreement while employing a reverse proxy configuration. With the exception of addressing performance issues strictly caused by Lithium actions or systems unaffected by and independent of the reverse proxy, the terms of this SLA shall not apply to the Services and Lithium shall have no obligation to comply with such terms.