Service Level Agreement

Last Updated: August 30, 2022

This Service Level Agreement (“SLA”) forms part of Fusion Sport’s General Terms and Conditions, available at: https://fusionsport.com/legal/general-terms-and-conditions/ (the “Agreement”). Capitalized terms used but not defined in this SLA have the meanings set forth in the Agreement.

1. Uptime Commitment

1.1       Uptime. Fusion Sport commits that the Platform will be available 99% of the time in any calendar month (the “Uptime Commitment”). Uptime is measured monthly, commencing at 12:00 am on the first calendar day of the month in accordance with the following formula:

Uptime = (Hours in the Month – Service Outages)
                                      Hours in the Month

1.2       Service Outage. A “Service Outage,” as used above, occurs when (a) material features or functionality of the Platform cannot be accessed or utilized by Customer or its Users; and (b) such failure is recorded with Fusion Sport’s helpdesk. The length of the Service Outage is measured from the time the technical support request is submitted to Fusion Sport until the time Fusion Sport confirms that the affected Platform is again able to transmit and receive data. Service Outages exclude any time that the Platform is unavailable due to (i) Scheduled Maintenance (as defined below) or (ii) reasons outside Fusion Sport’s direct control, including: (1) Customer’s or a User’s own telecommunications or Internet service providers; (2) a Force Majeure Event; (3) any systemic Internet failures; or (4) any failure in Customer’s or a User’s own hardware, data, software or network connection.

1.3       Scheduled Maintenance. “Scheduled Maintenance” means a planned maintenance period or scheduled downtime. Fusion Sport will use commercially reasonable efforts to notify Customer one week in advance of any Scheduled Maintenance.

1.4       Service Credits. Fusion Sport’s sole liability (and Customer’s exclusive remedy) for any failure to meet the Uptime Commitment shall be to issue a service credit (“Service Credit”) calculated as a percentage of Platform Subscription Fees applicable to the month in which the Service Outage occurred, as set forth in the table below. Customer must request any Service Credit in writing within 30 days of the last day of the month in which Fusion Sport failed to meet the Uptime Commitment. Fusion Sport shall issue such Service Credit within 30 days of Customer’s request.

Uptime Percentage

Service Credit

99 – 98%

5%

97.9 – 95%

10%

94.9 – 90%

25%

less than 90%

50%

2. Support Commitments

2.1       Assessment of Priority Levels and Target Response Times. Customer may report any Service Outage or other Platform error to Fusion Sport’s helpdesk. Fusion Sport will designate each reported Service Outage or other error as Priority 1, Priority 2, Priority 3, or Priority 4, in accordance with the table below.  Fusion Sport will use commercially reasonable efforts to resolve any Service Outages or other errors in accordance with the table below.

Priority Level

Response Time

Target Resolution Time

Priority Definition

Fault Definition / Example

Practical Examples

Priority 1

Within 1 hour of notification of the fault

4 hours

Critical Priority: Immediate action is required, using all available resources until resolved.

The Platform is not operational or is inaccessible and is required to be restored back to normal service operations as quickly as possible.

OR

A fault representing a possible significant security risk has been identified.

AWS server failure causing slow or unresponsive behavior.

Application login failure.

Publication of an exploitable vulnerability of critical severity.

Priority 2

Within 2 hours of notification of the fault

1 day

High Priority: The situation is assessed and staff working normal tasks may be interrupted for assistance if required.

The Platform is still operational, but a major part of the Platform is unavailable.  The interruption disrupts the usability of the Service significantly.

Comms / data connectivity failure.  E.g., SNS / SMS, email, API. 

Priority 3

Within 1 business day of notification of the fault

7 days

Moderate Priority: The fault should be resolved, and resources are used according to standard business procedures and operations.

A major part of the Platform is not operating efficiently, or a minor part of the Platform is unavailable.

The Customer is able to continue operations or work-around is available to re-mediate the impact of the fault.

Intermittent slow or poor server performance relative to normal business use. 

User-interface, data management or reporting behavior issues.

Priority 4

Within 2 business days of notification of the fault

As part of routine maintenance service or major release cycle

Low Priority: The fault is an irritant, which should be repaired, but repair can be deferred until routine maintenance or major release cycle

A problem with part of the Platform which has minimal impact on performance or operability of the Services. 

OR

A fault representing a possible minor security risk has been detected

Supported third party browser or device updates change the expected behavior of the Platform.

Publication of a vulnerability of low severity.

2.3       Limitations. Fusion Sport is not responsible for correcting any Service Outage or other error not reproducible by Fusion Sport on the unmodified Platform or errors caused by any of the following: (a) any alterations of or additions to the Platform or Platform Technology made by parties other than Fusion Sport; (b) use of the Platform or Platform Technology in a manner for which it was not designed; or (c) accident, negligence, or misuse of the Platform.

3. Support for Self-Hosted Environments

Fusion Sport occasionally allows Customers to host their own instance of the Platform, in which case Fusion Sport staff may not have direct access to the Platform or servers without Customer’s assistance (“Self-Hosted Environments”).  Any installation, use, or provisioning of the Platform or Platform Technology for a Self-Hosted Environment is and will be subject to a separate agreement between the parties covering such Self-Hosted Environment, and the General Terms and Conditions, including this SLA, do not apply to the Self-Hosted Environment.  Unless otherwise agreed by the parties, Fusion Sport will use commercially reasonable efforts to support Customer’s Self-Hosted Environment and hereby disclaims all other uptime or support commitments.