Service Level Agreement

This Service Level Agreement (“SLA”) between vLab Systems LLC (“vLabs”), and the user (“Customer”) of vLabs’ services (“Services”) sets forth the service level terms and conditions and is an integral part of the Terms of Service. This SLA defines the terms of Customer’s responsibility with respect to the Services that vLabs provides and Customer’s remedies in the event that vLabs fails to meet these Service Commitments. This SLA and the SLA Credits set forth herein represent vLabs’ sole obligation and Customer’s sole remedy for failure to meet such Service Commitments. This SLA does not apply to the availability of Third Party Services (TPS) which are subject to the TPS Agreements. The SLA is binding only on the Customer and vLabs and does apply to any Third Parties, including Customer End Users.

  1. Definitions. The following are definitions of capitalized words used in this Agreement:
    1. “Agreement” The Customer’s use of and access to Services is governed by the Terms of Services (“TOS”), Service Level Agreement, Privacy Agreement, Acceptable Use Policy, any other documents referenced herein (collectively, the “Agreement”).
    2. “Business Hours” means 9:00 a.m. to 6:00 p.m. (Eastern Time - ET), Monday through Friday, and, notwithstanding the foregoing, does not include times during Service Maintenance.
    3. “Service Maintenance” means vLabs’ maintaining of the Service including software. Service Maintenance includes, without limitation, hardware upgrades, software upgrades, and network upgrades, as applicable.
  2. Data Retention. vLabs shall make a full backup copy of the server file systems daily and retain each such daily backup copy for seven (7) days. The backups are solely for the purpose of systems recovery should it become necessary and not to recover and restore files for the Customer’s individual end users. vLabs retains copies of event log and other access log files for at least sixty (60) days.
  3. Disclosure to Law Enforcement: vLabs prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, vLabs shall have the right to terminate all service set forth in this Agreement.
  4. Service Availability.
    1. Service Availability - General. vLabs’ goal is to provide Service Availability twenty-four hours per day, seven (7) days per week (referred to as “24x7 Availability”) EXCEPT during times of Service Maintenance as set forth in Section 4d herein. However, the parties recognize that 24x7 Availability is only a GOAL, and vLabs cannot represent or guarantee that such goal can be achieved.
    2. Service Availability Level Goals. vLabs shall use reasonable efforts to achieve the target Service Availability Goal of 99.99% network uptime except during scheduled Service Maintenance (“Service Commitment”). Notwithstanding the foregoing, Customer recognizes that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of vLabs. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of vLabs can and will occur, and such instances shall not be considered any failure of the 99.99% network uptime. Whilst the Customer is free to monitor network uptime on their systems and other monitoring services, vLabs proactively monitors network uptime and the results of these monitoring systems shall provide the sole and exclusive determination of network uptime.
    3. Response Time to Error. vLabs has internal notification tools for virtual lab service problems. Additionally, Customer may report problems to vLabs Support. Once notified vLabs Support will respond as per the VIRTUAL LAB SUPPORT POLICY (show below). Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
    4. Service Maintenance.
      1. 1.The parties agree that vLabs shall provide Service Maintenance, which may cause errors as defined by the VIRTUAL LAB SUPPORT POLICY (show below). vLabs shall use commercially reasonable efforts to limit Service Maintenance, which causes Severity Level 1 Errors to four (4) hours per month. vLabs shall notify named Customer contact by email prior to performing any Service Maintenance which vLabs predicts will cause a Severity 1 Error outside of standard Service Maintenance Times.
      2. The Service Availability goals exclude any time Customer requests a Cloud be taken down for scheduled updates.
      3. vLabs shall attempt to schedule Service Maintenance during the times as specified in Table 1 – Service Maintenance Times. However, the parties agree that it may be necessary for vLabs to perform Service Maintenance during times other than those specified in Table 1, and vLabs reserves the right to perform Service Maintenance during times other than those specified in Table 1.

        Table 1 – Service Maintenance Times

         
        Service Maintenance Day Service Maintenance Hours
        Monday to Friday 11pm to 3am (ET)
        Saturday 1am to 7am (ET)
        Sunday 1am to 7am (ET)

         

      4. Disclaimer of Actions Caused by and/or Under the Control of Third Parties. VLABS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM VLABS’ NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH VLABS WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, VLABS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, VLABS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
      5. Limitations. vLabs cannot assume responsibility and shall not be liable for any impacts on Service Availability due to (i) any requests for non-standard environment or Customer machine access; or (ii) any changes to the Service by parties other than vLabs. vLabs will make reasonable efforts to ensure that Service changes do not affect customers.
      6. vLabs reserves the right to change this SLA at any time, and without notice. You can view the current SLA at http://www.vlabsystems.com/sla
    5. Financial Penalties for SLA Violations
      1. In the event that vLabs fails to meet the guarantee stated above (excluding Service Maintenance during the windows described in Section 3d and downtime caused by reasons described in Section 3e), vLabs will refund 5% of the Customer monthly service Fees for each sixty (60) minutes of network downtime experienced up to 100% of the monthly service Fee for those Services affected (“SLA Credits”).
      2. All SLA claims should be communicated via email to customer support within seven (7) days of the incident. The notice must include all relevant information, including server name, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.
      3. In order to qualify for Service Credits, Customer must be current on all payment obligations, and not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
      4. No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by Customer, (ii) due to failure of any equipment or software provided by Customer, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which Customer is entitled to a SLA Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from Customer’s breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
      5. Total cumulative SLA Credits during any given month shall not exceed the Customer monthly fee for those Services affected.

    VIRTUAL LAB SUPPORT POLICY

    The Cloud Services will be provided without live support.

    Technical support will be limited to the online resources we make available to you.

    Primary incident-reporting is done via our Customer Ticketing System (powered by SugarCRM). Through this system you have access to all tickets on your account, both open and completed, both current information and historical. We prioritize tickets by severity, so for example issues where a site is completely unavailable will be processed before tickets where a site is slow, and those before general questions about our service or general advice covering the software offered inside the virtual laboratories. Shown below is a guide to the vLabs Severity Levels:

     
    Severity Levels Explanation Ticket Response Goals
    Level 1 - Emergency Production virtual lab is down, business operations severely impacted with no workaround; or a security issue. Within 30 minutes during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
    Level 2 - High Production virtual lab is operational but significant disruption of business operations; no stable workaround. Within 1-hour during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
    Level 3 - Medium Issues causing moderate to low business disruption with a Production virtual lab or any issue for which there is a stable workaround available. Within 2-hours during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
    Level 4 - Low Production virtual lab is operational; no significant disruption of business operations; issues with little time sensitivity such as general questions. Within 4-hours during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.

    Internally, our support team consists of Tiers, in which some groups respond more swiftly and handle more common questions and problems, and other groups handle issues which take more time or effort or expertise to solve. We also have a DevOps group which have daily responsibilities outside of support, but are "on call" to assist in especially difficult cases or simply to handle overload from support. These groups, the processes we use therein, the people therein, etc., change over time as we grow and as we learn how to better serve our customers, and therefore they are not documented here.

    The goal of the vLab Support Team is to provide specific support around the features and functionality of the virtual lab technology itself, included but not limited to the installation, Snapshot, deletion, setting up of virtual lab instances, or other techniques, features and processes used by the vLabs system. We offer limited support for the third-party software installed in the virtual laboratories to the Customer and not directly to the Customer End User. We will, however, do our best to help any user with their issues to the best of our abilities.

    For any customer-specific communications about site issues, security issues, scalability issues, and similar, we will use the contact information we have on file for you.

 

Last Updated May 3, 2020

 

This Service Level Agreement (“SLA”) between vLab Systems LLC (“vLabs”), and the user (“Customer”) of vLabs’ services (“Services”) sets forth the service level terms and conditions and is an integral part of the Terms of Service. This SLA defines the terms of Customer’s responsibility with respect to the Services that vLabs provides and Customer’s remedies in the event that vLabs fails to meet these Service Commitments. This SLA and the SLA Credits set forth herein represent vLabs’ sole obligation and Customer’s sole remedy for failure to meet such Service Commitments. This SLA does not apply to the availability of Third Party Services (TPS) which are subject to the TPS Agreements. The SLA is binding only on the Customer and vLabs and does apply to any Third Parties, including Customer End Users.

  1. Definitions. The following are definitions of capitalized words used in this Agreement:
    1. “Agreement” The Customer’s use of and access to Services is governed by the Terms of Services (“TOS”), Service Level Agreement, Privacy Agreement, Acceptable Use Policy, any other documents referenced herein (collectively, the “Agreement”).
    2. “Business Hours” means 9:00 a.m. to 6:00 p.m. (Eastern Time - ET), Monday through Friday, and, notwithstanding the foregoing, does not include times during Service Maintenance.
    3. “Service Maintenance” means vLabs’ maintaining of the Service including software. Service Maintenance includes, without limitation, hardware upgrades, software upgrades, and network upgrades, as applicable.
  2. Data Retention. vLabs shall make a full backup copy of the server file systems daily and retain each such daily backup copy for seven (7) days. The backups are solely for the purpose of systems recovery should it become necessary and not to recover and restore files for the Customer’s individual end users. vLabs retains copies of event log and other access log files for at least sixty (60) days.
  3. Disclosure to Law Enforcement: vLabs prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, vLabs shall have the right to terminate all service set forth in this Agreement.
  4. Service Availability.
    1. Service Availability - General. vLabs’ goal is to provide Service Availability twenty-four hours per day, seven (7) days per week (referred to as “24x7 Availability”) EXCEPT during times of Service Maintenance as set forth in Section 4d herein. However, the parties recognize that 24x7 Availability is only a GOAL, and vLabs cannot represent or guarantee that such goal can be achieved.
    2. Service Availability Level Goals. vLabs shall use reasonable efforts to achieve the target Service Availability Goal of 99.99% network uptime except during scheduled Service Maintenance (“Service Commitment”). Notwithstanding the foregoing, Customer recognizes that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of vLabs. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of vLabs can and will occur, and such instances shall not be considered any failure of the 99.99% network uptime. Whilst the Customer is free to monitor network uptime on their systems and other monitoring services, vLabs proactively monitors network uptime and the results of these monitoring systems shall provide the sole and exclusive determination of network uptime.
    3. Response Time to Error. vLabs has internal notification tools for virtual lab service problems. Additionally, Customer may report problems to vLabs Support. Once notified vLabs Support will respond as per the VIRTUAL LAB SUPPORT POLICY (show below). Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
    4. Service Maintenance.
      1. 1.The parties agree that vLabs shall provide Service Maintenance, which may cause errors as defined by the VIRTUAL LAB SUPPORT POLICY (show below). vLabs shall use commercially reasonable efforts to limit Service Maintenance, which causes Severity Level 1 Errors to four (4) hours per month. vLabs shall notify named Customer contact by email prior to performing any Service Maintenance which vLabs predicts will cause a Severity 1 Error outside of standard Service Maintenance Times.
      2. The Service Availability goals exclude any time Customer requests a Cloud be taken down for scheduled updates.
      3. vLabs shall attempt to schedule Service Maintenance during the times as specified in Table 1 – Service Maintenance Times. However, the parties agree that it may be necessary for vLabs to perform Service Maintenance during times other than those specified in Table 1, and vLabs reserves the right to perform Service Maintenance during times other than those specified in Table 1.

        Table 1 – Service Maintenance Times

         
        Service Maintenance Day Service Maintenance Hours
        Monday to Friday 11pm to 3am (ET)
        Saturday 1am to 7am (ET)
        Sunday 1am to 7am (ET)

         

      4. Disclaimer of Actions Caused by and/or Under the Control of Third Parties. VLABS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM VLABS’ NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH VLABS WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, VLABS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, VLABS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
      5. Limitations. vLabs cannot assume responsibility and shall not be liable for any impacts on Service Availability due to (i) any requests for non-standard environment or Customer machine access; or (ii) any changes to the Service by parties other than vLabs. vLabs will make reasonable efforts to ensure that Service changes do not affect customers.
      6. vLabs reserves the right to change this SLA at any time, and without notice. You can view the current SLA at http://www.vlabsystems.com/sla
    5. Financial Penalties for SLA Violations
      1. In the event that vLabs fails to meet the guarantee stated above (excluding Service Maintenance during the windows described in Section 3d and downtime caused by reasons described in Section 3e), vLabs will refund 5% of the Customer monthly service Fees for each sixty (60) minutes of network downtime experienced up to 100% of the monthly service Fee for those Services affected (“SLA Credits”).
      2. All SLA claims should be communicated via email to customer support within seven (7) days of the incident. The notice must include all relevant information, including server name, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.
      3. In order to qualify for Service Credits, Customer must be current on all payment obligations, and not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
      4. No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by Customer, (ii) due to failure of any equipment or software provided by Customer, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which Customer is entitled to a SLA Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from Customer’s breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of this Agreement.
      5. Total cumulative SLA Credits during any given month shall not exceed the Customer monthly fee for those Services affected.

    VIRTUAL LAB SUPPORT POLICY

    The Cloud Services will be provided without live support.

    Technical support will be limited to the online resources we make available to you.

    Primary incident-reporting is done via our Customer Ticketing System (powered by SugarCRM). Through this system you have access to all tickets on your account, both open and completed, both current information and historical. We prioritize tickets by severity, so for example issues where a site is completely unavailable will be processed before tickets where a site is slow, and those before general questions about our service or general advice covering the software offered inside the virtual laboratories. Shown below is a guide to the vLabs Severity Levels:

     
    Severity Levels Explanation Ticket Response Goals
    Level 1 - Emergency Production virtual lab is down, business operations severely impacted with no workaround; or a security issue. Within 30 minutes during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
    Level 2 - High Production virtual lab is operational but significant disruption of business operations; no stable workaround. Within 1-hour during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
    Level 3 - Medium Issues causing moderate to low business disruption with a Production virtual lab or any issue for which there is a stable workaround available. Within 2-hours during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.
    Level 4 - Low Production virtual lab is operational; no significant disruption of business operations; issues with little time sensitivity such as general questions. Within 4-hours during our Business Hours, and except as otherwise provided herein, we guarantee response within 8 business hours. Note that these guidelines specify the time to begin investigation of the problem, not the length of time within which such problem will be resolved.

    Internally, our support team consists of Tiers, in which some groups respond more swiftly and handle more common questions and problems, and other groups handle issues which take more time or effort or expertise to solve. We also have a DevOps group which have daily responsibilities outside of support, but are "on call" to assist in especially difficult cases or simply to handle overload from support. These groups, the processes we use therein, the people therein, etc., change over time as we grow and as we learn how to better serve our customers, and therefore they are not documented here.

    The goal of the vLab Support Team is to provide specific support around the features and functionality of the virtual lab technology itself, included but not limited to the installation, Snapshot, deletion, setting up of virtual lab instances, or other techniques, features and processes used by the vLabs system. We offer limited support for the third-party software installed in the virtual laboratories to the Customer and not directly to the Customer End User. We will, however, do our best to help any user with their issues to the best of our abilities.

    For any customer-specific communications about site issues, security issues, scalability issues, and similar, we will use the contact information we have on file for you.

 

Last Updated May 3, 2020