‍1. Support and Service Levels.

Albert will provide Support as described below:

a) Albert shall provide “Incident Resolution” support services meaning technical support and services in accordance with industry standard practices, including all technical support necessary to resolve system and application uptime, availability, access, performance issues, and/or compatibility issues, subject to the exclusions set forth in An incident is defined as an unplanned interruption or reduction in quality of an IT service (a service interruption) that worked before without any issues.

b) Albert shall provide “Request Resolution” support services meaning end-user support and guidance services in accordance with industry best practices.

c) Request Resolution services are available to Authorized Users by electronic mail or via the Albert support center. Request Resolution “Support Hours” shall be from 7:30 PM PST on Sundays through 7:30PM PST on Fridays, with the exception of US Federal Requests for technical or end-user support shall be initiated by opening a helpdesk ticket via Albert help requests on the Albert Platform, or by emailing support@albertinvent.com.

2. Service Levels Definitions.

a) “Priority” means the severity of a Ticket (Incident or Request), as assigned to Albert’s service desk on the following definitions:

1 - Urgent
Incident with critical impact on the business - Service restoration is critical, and time is of the essence, for example:

Immediate critical impact on the business
The incident directly (materially) affects Customer (due to production outage)
No work-around in place
Majority of users is affected (all users of a system, application, service).

2 - High
An incident in a system, application or service that has a major impact on the business, but the function is not halted, or it is an outage/halt of less critical services. Restoration requirement is high, and time is of the essence, for example:

Major impact on the business, but the function is not halted
User(s) can function in a limited capacity or a work-around is available
Large number of related Incidents
Multiple users unable to function (Entire office or department is experiencing a similar problem).

3 - Medium
An incident that results in loss of system, service or application to an individual. Restoration requirement is medium urgency and time is less critical, for example:

Work-around in place, but not optimal
Low number of related incidents
Low number of number of users / sites affected
Individual is experiencing significant loss of productivity

4 - Medium
Non-critical incident. Restoration requirement is low or not required, for example:

Individual incident that does not impact business
Work-around in place
Risk of recurrence or additional service impact low
Single job functionalities are not impacted
Network services warnings

b) “Exclusions” means to the extent that the resolution of a Ticket requires Customer’s support, and that support has not been provided by Customer notwithstanding reasonable and provable attempts by the Albert to obtain such support, Albert´s waiting time does not count as resolution time and will be excluded in the resolution time measurement. Such exclusions shall be agreed between Albert and Customer in a respective meeting per measurement period. Further a ticket can be excluded if Albert can prove that the resolution to the Ticket was out of Albert’s control even though it was treated with appropriate urgency.

c) “Priority” means the severity of a Ticket (Incident or Request), as assigned by Albert’s service desk based on the following definitions set forth above.

d) “Service Level Failure” shall be deemed to have occurred if the minimum performance level (resolution time rate, uptime, or availability) for the relevant Service Level as outlined below is not met within a given measurement period

e) “Support Hours” means 7:30 PM PST on Sundays through 7:30PM PST on Fridays, excluding US Federal holidays. For Priority level 1 and 2 incidents, the Support Hours are 7 days a week, 24 hours a week, 365 days a year

f) “Support Hours” means 7:30 PM PST on Sundays through 7:30PM PST on Fridays, excluding US Federal holidays. For Priority level 1 and 2 incidents, the Support Hours are 7 days a week, 24 hours a week, 365 days a year.

g) “Ticket” means each incident or service request within the scope of the Services that has been assigned to Albert in Albert´s incident management system.

3. Service Levels

a) Incident Response Levels.

Priority Level: Urgent
Response Time (hours): 8hrs
In Support Hours: 24/7/365

Priority Level: High
Response Time (hours): 24hrs
In Support Hours: 24/7/365

Priority Level: Medium
Response Time (hours): 10 Business Days
In Support Hours: 7:30 PM PST on Sundays through 7:30PM PST on Fridays

Priority Level: Low
Response Time (hours): In the ordinary course of business
In Support Hours: 7:30 PM PST on Sundays through 7:30PM PST on Fridays

b) Server and Application Availability.

i. “Server Uptime” means Monday to Sunday. Each calendar month, Albert will make commercially reasonable effort to ensure the network and server uptime will be 99% (or better) for that month; subject to the “Exclusions” as detailed further below.

ii. “Application Availability” means Monday to Sunday. Each calendar month, Albert will make commercially reasonable efforts to ensure that the Albert Platform and applications that run on the Albert Platform will meet or exceed an application availability of 99% (or better) for that month; subject to the “Exclusions” as detailed further below.

iii. “Exclusions” means the Server Uptime and Application Availability commitments above exclude downtime or unavailability caused by one or more of the following:

Scheduled downtime for maintenance, back-ups, and The maintenance/back-up window is between 12:00 am and 6:00 am (Pacific Time Zone) on Sundays. Albert shall use commercially reasonable efforts to notify Customer in advance of downtime caused by upgrades;
Failures in the larger internet network, including failures that are beyond Albert’s reasonable control (e.g., AWS, or other vendors or suppliers of Albert), it being understood that it is within Albert’s reasonable control to select vendors and suppliers (and tiers of service, service options, and service offerings offered by such vendors and suppliers) that are reasonably expected to enable and maintain the service level commitments made by Albert above;
Failures, availability drops, or availability degradation due to causes beyond Albert’s reasonable control, including failure of computer hardware, equipment or programs not provided by or on behalf of Albert;
Hardware, or connectivity, problems of Customer and/or Authorized User that prevent/disrupt access not caused by Albert;
Emergency maintenance deemed necessary by Albert to maintain the integrity, security, or performance of the server and/or
Network and Application Monitoring. Albert will monitor (either itself or through AWS functionality) network and application availability 24 hours per day, 7 days a week, 365 days per year and shall maintain records sufficient to determine Server Uptime and Application Availability for each month

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