1. Scope of Services
The Provider agrees to deliver the following services to the Client:
2. Service Level Objectives
2.1 Uptime Guarantee
The Provider commits to ensuring 99.9% uptime availability for the services outlined in Section 1. Uptime is calculated monthly and excludes scheduled maintenance and force majeure events.
2.2 Response Times
The Provider shall respond to critical issues as follows:
3. Performance Metrics
3.1 Measurement
Performance metrics will be monitored and reported every month. Metrics include:
- Uptime percentage
- Average response time for critical issues
- Average resolution time for issues by priority level
3.2 Reporting
The Provider will provide a monthly report detailing performance against the SLA metrics listed above, including any incidents and their resolutions.
4. Responsibilities of the Provider
- Ensure the infrastructure is maintained and monitored to meet the uptime guarantee.
- Provide timely communication regarding service interruptions, scheduled maintenance, and other relevant updates.
- Ensure all services are compliant with HIPAA, GDPR, and SOC2 requirements.
- Maintain a secure environment for Client data and ensure data integrity and confidentiality.
5. Responsibilities of the Client
- Provide the Provider with necessary access to systems and information required for service delivery.
Notify the Provider of any issues promptly and provide detailed information to help with troubleshooting.
- Comply with all applicable laws and regulations, including but not limited to HIPAA and GDPR.
6. Compliance
6.1 HIPAA Compliance
The Provider agrees to comply with all applicable provisions of the Health Insurance Portability and Accountability Act (HIPAA) regarding the handling of protected health information (PHI).
6.2 GDPR Compliance
The Provider shall comply with the General Data Protection Regulation (GDPR) regarding the processing of personal data of EU residents.
6.3 SOC2 Compliance
The Provider will maintain compliance with the SOC2 standard and will provide the Client with a SOC2 report upon request.
7. Exclusions
The following events are excluded from the uptime calculation:
- Scheduled maintenance (with prior notification)
- Force majeure events (natural disasters, wars, etc.)
- Client's applications or services affecting uptime
- Network issues beyond the Provider’s control
8. Term and Termination
This Agreement shall commence on the Effective Date and shall continue for a period that the customer’s service/s is/are active.