Service Level Agreement

Last updated August 21, 2024.

This Edexia Support Services Agreement (“Support Terms”) describes Edexia’s support for current offerings and Edexia Services. The Support Services described herein do not apply to the Blinkist Enterprise product.

These Support Terms are governed by the Customer Terms and the applicable Order Form. Edexia may update or modify these Support Terms at any time in its sole discretion by posting a revised version here. Notwithstanding the foregoing, any updates or modifications to the Support Services will not materially diminish Edexia’s responsibilities or your rights.

Capitalized terms not defined herein shall have the same meanings found in the Customer Terms agreed to by the parties or otherwise made available here: 

https://www.edexia.ai/legal/general-terms

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Subject to payment of the applicable Fees and compliance with the applicable terms governing your use of the Edexia Services, Edexia will provide the following support services and Service Availability Commitment with respect to the Services (“Support Services”):

1. Service Level Commitment

Edexia must provide the following monthly uptime percentage to Customer (the “Service Level Commitment”), which can be found from the status page:

Service

1.1 Definitions:

1. Incident: means an unexpected failure or degradation in the quality of the Services which is reported to Edexia by you.

2. Excluded Services: means:

• a. Support for any issues resulting from third-party content or third-party software, and
• b. Support for any issues resulting from computer desktop/mobile device hardware and software or company network related issues including but not limited to Customer Equipment.
• c. Support for any issue resulting from your failure to use the Services within specified guidelines and documentation.

3. Service Request or Enquiry: means a request made by you to Edexia to assist an End User with the functionality of the Edexia Service.

4. Response Times: means Edexia’s response commitments as described in the Incident Priorities and Initial Response Times table in Section 1.6 below.

5. Service Restoration Target: means Edexia’s targeted time commitment to restore services as outlined in the Incident Priorities and Initial Response Times table in Section 1.6 below. Service restoration may be a permanent fix or a temporary workaround to allow continued use of the Services.

1.2 Support Channels

Support requests can be raised through the following support channels:

• a) Direct telephone – call the phone number of your point of contact. 
• b) Online ticket – create a ticket in the Edexia ticketing system through the application

1.3 Incident Priority Matrix

- Priority 1/ Urgent

A critical error or emergency causing Edexia-hosted Service to be inaccessible by all users, including key functional components.

Examples include:

• all Edexia-provided web applications are inaccessible;
• Marking or criteria creation functionality is unusable. 

- Priority 2/ High

Key functional components of the Services are unavailable to a majority of users in a single portal, or a limited number of users across multiple portals.

Examples include:

• Edit criteria or adjusting feedback style are faulty.
• Unable to use a specific major feature that is not part of the core workflow (create class, mark assessment, download assessment).

- Priority 3/ Normal

A disruption to a non-critical component of the Services, for a limited group of End Users.

Examples include:

• Unable to use a specific non major feature that is not part of the core workflow (create class, mark assessment, download assessment).
• Minor criteria refining and marking issues (that can be replicated).

- Priority 4/ Low

Minor service disruption and/or general product and content feedback and support

If the issue does not meet any of the above criteria it will be categorized as a minor issue.

Examples include:

• Platform design schema issues such as image dimensions, color, layout
• Minor bug in a minor feature.
• Different font types.

1.4 Your Obligations

You will designate one or more support contacts (administrators) that are authorized to engage Edexia Support Services and will provide commercially reasonable cooperation and information to Edexia with respect to the furnishing of Support Services.

1.5 Edexia Obligations

Edexia will use commercially reasonable efforts to respond to Incidents as set forth below in the Incident Priorities and Initial Response Times table to the extent such incidents are not the result of Excluded Services, all as reasonably determined by Edexia.

1.6 Incident Priorities and Initial Response Times

2. Service Availability Commitment

2.1 Definitions

1) Service Availability/Availability: means when Edexia indicates that you can access the Services on the production environment via the internet as a proportion of the total time available in the applicable calendar month for which Availability is being calculated (“Calendar Month”).

2) Business Day: means a 24-hour period determined by the date identified in the capital city of your location (as identified in the address in the Order Form or updated by notice from you to Edexia from time to time).

3) Business Hours: means between 8.00am and 8.00pm local time on Business Days.

4) Downtime: means the minutes during the Calendar Month when the Service is not Available to you, except any Excluded Minutes as outlined below.

4) Excluded Minutes: means the minutes that the Services are not Available caused by one or more of the following:

• a) acts or omissions of you, your agents, employees, or contractors, or acts or modifications as directed or authorized by you, or breach of the terms of the Agreement that apply to the Services;
• b) Your failure to adhere to Edexia’s applicable specifications and guidelines, including hardware or software configuration necessary to meet minimum system requirements for the Services;
• c) Unusually high usage volumes for which you and Edexia did not previously agree in writing to a process to allow Edexia to make accommodation for such increase in demand unless otherwise agreed to in an Order Form; or
• d) third-party software, content, hardware, or services not provided or controlled by Edexia, including Customer Equipment, infrastructure, and internet links or events beyond Edexia’s reasonable control, including but not limited to force majeure events, any law, regulation or order issued by the government, or any agency or department, which, in the reasonable opinion of Edexia, effectively prohibits or restricts Edexia from offering the Services, or imposes significant additional costs on Edexia to provide the Services, in the territory.

5) Maximum Uptime: means the total minutes in the Calendar Month (e.g. 44,640 minutes in the month of July) minus Maintenance Minutes during the same Calendar Month.

6) Maintenance Minutes: means the number of minutes elapsed during maintenance performed by Edexia that results in the Services not being Available as provided via status.Edexia.com.

8) Period of Exceptionally High Utilization: means a >50% increase in the number of logins processed by the Services above the normalized daily activity patterns (i.e., the greater of the average daily usage pattern for the prior 30-day period, excluding any Period of Exceptionally High Utilization, or the contracted activity volume).

9) Uptime Percentage: means the Maximum Uptime minus Scheduled Downtime and Unscheduled Maintenance and divided by Maximum Uptime.

2.2 Edexia Commitments

If during any Calendar Month of the applicable License Term, the Uptime Percentage for Services is lower than the Minimum Uptime Percentage, and you notify Edexia in writing (through your Customer Success Manager, as applicable) about such Downtime, Edexia shall:

• investigate the underlying causes of the Downtime;
• create a cause analysis of the Downtime;
• create a plan which identifies the activities that Edexia will carry out to allow the Uptime Percentage to be achieved; and
• implement the plan.

To the extent any plan identifies activities that you or your third-party vendors must carry out to allow the Uptime Percentages to be achieved, you must complete, or use reasonable efforts to ensure its vendors complete those activities in accordance with such plan.

2.3 Maintenance Services

During the Calendar Month, Edexia may from time to time (or as agreed to by the parties) perform schedule maintenance of the Services -including maintenance related to materials or equipment used for providing the Services- which may limit or disrupt access to the Services (“Scheduled Maintenance”). In addition, Edexia may in its sole discretion need to perform emergency or unscheduled maintenance from time to time (“Unscheduled Maintenance”). Edexia will use reasonable efforts to inform you in advance of such interruptions.

2.4 Escalations

For issues related to support services, please contact your Customer Success Manager.

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