ComplyPro Subscription – Supplementary Service-Level-Agreement
The following Service Level Agreement (SLA) supplements the SELECT Agreement to further define ComplyPro specific Availability and Support Commitments. In the event there is a conflict between this SLA and the SELECT Agreement, this SLA shall prevail.
Availability Commitment
Bentley shall use commercially reasonable efforts to provide the services described in this ComplyPro SaaS proposal (“Cloud Offering Quote”) to provide System Availability, Offering Availability, Recovery Time Objective (RTO), and Recovery Point Objective (RPO) per Table 1 below:
Table 1 – Availability
Name
Availability Commitment %
Availability Period
RTO
RPO
ComplyPro SaaS
99.9
24×7
24 Hours
24 Hours
Bentley shall measure performance against the Availability Commitment during a calendar month based on the following calculation:
Availability % = Available Minutes – Unscheduled Downtime Available Minutes
The Availability Commitment excludes downtime due to Scheduled Maintenance Windows.
Users will be given notice of Maintenance Windows which will be used to apply required patches to the IT infrastructure to ensure the continued security, availability and performance of the system.
Remedies
Bentley shall provide Subscriber remedies for any Bentley failure to meet the Availability Commitment during any single calendar month (the “Cover Period”). Upon the first instance, Bentley shall make a good faith effort to understand the cause and make reasonable repairs to prevent the failure from occurring again and provide Subscriber with a written explanation of the cause and the remedy. Upon any subsequent instance, in addition to the remedy set forth above, Bentley shall also provide a Service Credit to Subscriber as described in Table 2.
Table 2 – Standard Remedies
Availability
Service Credit
98 % -- 99.8%
2% of Monthly Charge
95 % -- 97.9%
4% of Monthly Charge
Below 95%
5% of Monthly Charge
Bentley will apply any Service Credits only against future amounts due from Account for Subscription Fees. Service Credits will not entitle Subscriber to any refund or payment from Bentley. Unless claimed within sixty (60) business days following the end of the Cover Period to which they correspond, all Service Credits are waived with respect to that period of service. Subscriber agrees that other than the Service Credits set forth herein, Bentley shall have no liability for any damages arising from any interruption, suspension, termination or modification of the offering, or for any loss or damage to any Subscriber Data.
In respect to Service Credits, Bentley’s total Aggregate credit liability is limited to ten percent (10%) of the Subscription Fees paid to Bentley in the trailing four Quarters (as defined below) prior to the Quarter in which the incident(s) occurred; and in respect of all other claims, losses, or damages, whether arising from tort (including negligence), breach of contract, or otherwise under or in connection with this agreement, shall in no event exceed the Subscription Fees paid to Bentley in the trailing four Quarters prior to the Quarter in which the event giving rise to the liability occurred.
A “Quarter” is a three-month calendar period commencing on the first day of a calendar month.
Support Objectives
Bentley will, in consultation with the User(s) responsible for reporting incidents, classify each reported, verifiable and reproducible incident per Table 3 and use commercially reasonable efforts to resolve such incidents in accordance with the targets specified in Table 4.
Table 3 – Priority Classification
Name
Classification
Description
Example
Priority 1 (P1)
Urgent
An incident that has or is likely to have a major impact on users’ ability to maintain business operation. The incident results in any outage or loss of any key functionality of a critical application or service. The incident affects multiple locations, or all users in one (1) location.
Users at multiple sites cannot access the system and no workaround exists.
Priority 2 (P2)
Critical
Incident which impairs the users’ ability to maintain business operation causing a severe degradation of service or resulting in some important functionality being unavailable. There is no long-term acceptable workaround for the business, however operation can continue in a restricted fashion. The incident results in loss of the “normal” functionality of an application or service for multiple users, but not all, in one (1) or more locations.
Users can access system and, while a workaround exists, there is material degradation of functionality or performance.
Medium
Incident which causes a loss of some important functionality. There is an acceptable workaround for the business and operation can continue in a restricted fashion. The incident results in loss of functionality of a “normal” application or service.
A non-critical service is not available to some users.
Priority 4 (P4)
Low
Incident which has little or no significant impact on the business. Low impact & low urgency.
The behavior varies from user expectations, but the system works as designed. Resolution would occur during a future update.
Table 4 – Incident Response and Resolution Targets
Priority
Support Availability
Support Geography
Response
Resolution or workaround target
Update Interval
P1
24×7
Global
1 Hour
1 Day
4 Hours
P2
24×5
Global
2 Hour
5 Business Days
4 Hours
P3
24×5
Global
4 Hour
10 Business Days
1 Day
P4
24×5
Global
8 Hour
Mutally Agreed
On Requeat
Where a workaround is provided for P1-P3 issues, a timescale for any permanent fix will also be provided.
Service Termination and Subscriber’s Data
Upon termination of SUBSCRIBER’s ComplyPro Subscription, Bentley will deactivate any remaining user accounts and provide an export of Subscriber’s data in a standard, generally accepted electronic form within ten (10) business days and places no restrictions on its use by the Subscriber. Unless otherwise requested, Bentley will delete all copies of Subscriber’s data from its servers within two (2) weeks of being notified that the Subscriber has successfully read the files, or within four (4) weeks of the data being provided if no confirmation or associated Service Request is received.
Note: it may take up to an additional two (2) weeks for backups of that data to expire.
