Service Level Agreement

Last Updated: November 11, 2022‍

1. Definitions
As used in this Service Level Agreement (SLA), the following terms have the meanings specified below. Any capitalized terms not defined herein shall have the meaning attributed to them in the Agreement.
‍

• Scheduled maintenance;
• Degraded performance;
• Factors outside of Kettle’s control, including any force majeure events;
• Failures of the internet;
• Acts or omissions of Customer and its Users; or
• Enforcement of state or government regulations;

2. Scope of the Service Level Agreement
This SLA applies only to the Services as described in the Order Form(s) and the Agreement. This SLA does not apply to any software, equipment, services, or other parts of an information technology system that are not purchased from or managed by Kettle.
‍
Kettle will rectify material issues with the Platform, except where:

• The issue has been caused by Customer’s use of the Service in a manner that is contrary to Kettle training, onboarding, knowledge base, or any other instruction issued by Kettle;
• Customer has made unauthorized changes to the configuration or set-up of the affected Service;
• Customer has prevented Kettle from performing maintenance on the Service;
• The issue has been caused by Third Party Services; or
• The issue has been caused by User(s),including by modifying part of the software or by adding, deleting, or assigning improper rights to Users.

3. SLA Effective Date and Term
This SLA will be effective from the date of Order Form(s) acceptance for the Term indicated on the Order Form. The SLA will terminate without further notice and without right to compensation or restitution upon the expiry or termination of the Agreement.

4. Responsibilities
Kettle responsibilities:

• Respond to support requests within the timescales listed below;
• Take steps to escalate, diagnose, and resolve issues in an appropriate and timely manner, including the allocation of a sufficient number of skilled staff and the collection of necessary information; and
• Maintain clear and timely communication with Customer at all times.

Customer responsibilities:

• Use the Service as intended under the Agreement;
• Notify Kettle of issues or problems in a timely manner and as thoroughly as is possible;
• Cooperate with Kettle in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information;
• In case of an A-Priority Alert, ensure the availability of a sufficient number of skilled Customer employees to cooperate with Kettle;
• Provide Kettle with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention; and
• Maintain staff with adequate information technology knowledge to fulfill these responsibilities.

5. Response Time and Resolution Time
In the event of an alert, Kettle is deemed to have responded when it has replied to Customer’s initial request. This may be in the form of an email or telephone call, to acknowledge receipt of Customer’s request, provide a solution, or request further information.

The Response Time and Resolution Time will depend on the priority of the item(s) affected and the severity of the alert, as set out in the following schedules:
‍

6. Release Policy
Kettle releases updates to the Service via Continuous Integration and Continuous Delivery. This means that whenever a new feature or release of Kettle is ready, it can be deployed to the Service in clusters at any moment. The main application is typically released once a day. All perimeter applications are deployed to the Service continuously when a build is succeeded on the continuous integration servers.

Urgent bug fixes that impact availability and critical features are applied immediately on the Service servers in accordance with the Resolution Time schedule.

7. Software Improvements
Kettle will make available to Customer new versions, releases, and updates to the Service to solve defects and/or errors, keep the Service up-to-date with market developments, or otherwise improve (the operation or functionality of) the Service. These improvements may include bug fixes. Kettle will only support the most recent version of the Service.

New versions, releases, or updates will contain at least the level of functionality as set out in this SLA and as contained in the version or release of the Service previously used by Customer, and will not otherwise negatively impact Customer’s use of the Service. Kettle shall make reasonable efforts to ensure that when performing such actions, the impact on Customer and its User(s) is limited.

8. Updates to the SLA
This SLA may be updated at Kettle’s discretion, but only after providing thirty (30) days’ notice, after which it shall be effective (“SLA Effective Date”). Such notice will be sufficient if provided to a User designated as an administrator of Customer’s Service account either: (a) as a note on the screen presented immediately after completion of the log-in authentication credentials at the log-in screen, or (b) by email with read receipt to the email address provided for the administrator(s) for the Customer’s account. If Customer objects to any such changes, Customer's sole recourse shall be to terminate the Agreement. Continued use of the Service following the SLA Effective Date of any update shall indicate Customer's acknowledgement of such update and agreement to be bound by the updated SLA. When Kettle changes this SLA, the "Updated" date below will be changed to reflect the publication date of the most recent version.