Service Level Agreement

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1 Dakota Cloud Recovery December, 2014

2 Table of Contents Table of Contents Introduction Dakota Cloud Recovery Responsibilities and Obligations Installation and Configuration Training Support and Problem Escalation Backup and Restore of Customer Data Service Upgrades and Maintenance Customer Responsibilities and Obligations Installation and Configuration Training Support and Problem Escalation Customer Backup and Restore of Data Reports Service and Maintenance Support and Escalation Procedure Customer Escalation Priorities Disaster Recovery - High Priority Performance Level Agreement... 9 Page 2

3 1. Introduction This document details specific responsibilities for both Dakota Cloud Recovery and the customer to ensure that the Dakota Cloud Recovery service (a data backup and recovery service) is properly commissioned and defines what will happen in the event that a problem occurs. The document also specifically details those circumstances under which the service will be deemed to be outside of the Service Level Agreement. 2. Dakota Cloud Recovery Responsibilities and Obligations Dakota Cloud Recovery will provide an automated mechanism whereby the customer will be able to backup data from all designated servers and network connected desktop. Subject to the conditions outlined in this document Dakota Cloud Recovery will undertake that the product and services delivered to customer will function as specified Installation and Configuration An authorized Dakota Cloud Recovery representative will install the specified products and services to the customer site on a pre-arranged installation date, or dates, to be agreed on signing of the Contract Agreement. All defined products and services will be installed, commissioned and tested to ensure that the equipment is functionally operational. A Dakota Cloud Recovery authorized representative will demonstrate to a nominated customer representative that the service is capable of backing up data from the customer network. At this point, the Dakota Cloud Recovery authorized representative will hand over the Dakota Cloud Recovery service to the customer and notify the Dakota Cloud Recovery Data Center that the service is live and fully commissioned. The Dakota Cloud Recovery authorized representative will present the nominated authorized customer representative with a Signature Document Training Optionally, the authorized customer representative will be trained to create a backup set, to administer and schedule backups, and to restore data from the Dakota Cloud Recovery System on the date of installation. Additional training at Dakota Cloud Recovery s standard hourly rate. Page 3

4 2.3. Support and Problem Escalation Dakota Cloud Recovery will provide the customer with access to a manned 5-day, 7 am to 5 pm MDT, excluding national holidays, Customer Support Team Backup and Restore of Customer Data Within the terms of this Service Level Agreement, Dakota Cloud Recovery will be responsible for ensuring that the Dakota Cloud Recovery service and all associated components will be available to backup customer data that has been defined in all valid backup sets by the Dakota Cloud Recovery will be responsible for ensuring that the Dakota Cloud Recovery service and all associated components will be available to restore customer data that has been previously backed up and stored on the customer s offsite Dakota Cloud Recovery System Service Upgrades and Maintenance Dakota Cloud Recovery will be responsible for the provision, management and installation of all product and service releases and engineering changes (hardware, software or firmware) that it deems necessary to maintain and/or upgrade the product and services. IMPORTANT: Upon installation, customer will be issued with encryption keys or passwords. Dakota Cloud Recovery will accept no responsibility for storing the customer's Dakota Cloud Recovery encryption keys or passwords. Loss of the keys or passwords by the customer will prevent recovery of the Dakota Cloud Recovery service and the customer's backup data. 3. Customer Responsibilities and Obligations Although Dakota Cloud Recovery is a managed service proposition and Dakota Cloud Recovery will be responsible for the availability of the service components, the day-to-day operation of the Dakota Cloud Recovery Service will, in part, depend on certain key processes and related equipment which are wholly under the customer s control Installation and Configuration The customer will be responsible for providing authorized and free access for a Dakota Cloud Recovery representative to deliver the product and services to site on a pre-arranged installation Page 4

5 date. The customer will be responsible for providing the necessary power, network connection and appropriate environment to support the Dakota Cloud Recovery solution. The customer will make available a nominated and appropriately qualified representative to work with the Dakota Cloud Recovery representative during the installation of all the necessary product and services, as defined in the contract. The customer nominated representative will confirm that the backup functionality of the service has been demonstrated to his/her satisfaction. The nominated customer representative will then accept delivery of the Dakota Cloud Recovery Service as a fully commissioned service. The nominated customer representative will sign the Signature Document and present this to the Dakota Cloud Recovery authorized representative. IMPORTANT: The customer is solely responsible for storing their Dakota Cloud Recovery encryption keys or passwords in a secure location. Loss of the keys or passwords by the customer will prevent recovery of the Dakota Cloud Recovery service and the customer's backup data Training Unless otherwise agreed, the customer will be responsible for nominating a representative to undertake the optional training by Dakota Cloud Recovery. At the customers discretion, the customer may nominate one person who is capable of creating a backup set and schedule, backing up and restoring data using the Dakota Cloud Recovery Customer Administrator Console and escalating a problem using the procedures outlined in the Support and Escalation Procedure section of this document Support and Problem Escalation The customer nominated representative will be responsible for promptly reporting any problems directly to the Dakota Cloud Recovery Customer Support Team in accordance with the escalation procedures outlined in the Support and Escalation Procedure section of this document Customer Backup and Restore of Data The customer will be responsible for the availability of their network and those systems to be backed up by the Dakota Cloud Recovery Service. The customer will be responsible for defining appropriate backup configurations and schedules for those systems to be backed up. Page 5

6 Dakota Cloud Recovery cannot guarantee to successfully backup all open files. The open files that fail to backup are reported to the customer by the Dakota Cloud Recovery service. The customer will be responsible for reviewing such occurrences and modifying their backup sets as appropriate. For confidentiality and security reasons data transmitted is never opened or read by any of the Dakota Cloud backup & recovery processes. It therefore remains the customer responsibility to ensure that data integrity, including virus checking, is maintained. The customer will be responsible for performing all data restore operations. Upon customer request Dakota Cloud Recovery will provide assistance. Data restores or test restores requiring Dakota Cloud Recovery technical support (greater than 30-minutes per incident) are billable at our standard hourly rate. Support outside normal business hours (M-F, 7 AM to 5 PM MDT) is billable at time and a half of our standard hourly rate Reports The customer will be responsible for reviewing and acting upon the automated daily backup summary reports provided by the Dakota Cloud Recovery service. Upon customer request, Dakota Cloud Recovery will provide telephone assistance in answering customer questions pertaining to the reports during normal operating hours. The trained customer representative will be responsible for reviewing the detailed logs generated by the Dakota Cloud Recovery service. Upon customer request, Dakota Cloud Recovery will provide assistance during normal operating hours Service and Maintenance The customer will accept installation of all product and service releases and engineering changes (hardware, software or firmware) deemed necessary by Dakota Cloud Recovery to maintain and/or upgrade the Dakota Cloud Recovery service. 4. Support and Escalation Procedure 4.1. Customer Escalation Priorities The following table defines the escalation priorities to be used by the customer and Dakota Cloud Recovery in opening calls concerning the Dakota Cloud Recovery Service. Priority Classification Call Logging Time to Fix Typical Event 3 Page 6 General inquiry or 8:00 am to Within 3 Billing or documentation query

7 (Low) problem which has no operational impact on the customer system. 5:00 pm MT weekdays business days or to timescale agreed with Request to move or re-deploy services General product / functionality enquiry report generation issues general advice and guidance product / service enhancements. Logged calls will be serviced on a first-come-first served basis and typically resolved within 2 business days. 2 (Medium) Customer or Dakota Cloud Recovery have identified a possible error or fault with the installed Dakota Cloud Recovery service but which has no critical effect on any other part of the service. 8:00 am to 5:00 pm MT weekdays Before end of next business day or to time scale agreed with Previously installed and working Dakota Cloud Recovery Client software now not functioning correctly Problem backing up a single customer system. If logged during business day (08:00 am - 5:00 pm MT Monday to Friday) and an immediate resolution is not available the call will receive attention during the next business day. 1 (High) Customer or Dakota Cloud Recovery have identified a possible error or fault with the installed Dakota Cloud Recovery service which is affecting multiple customer clients or causing severe impact to system operations. 8:00 am to 5:00 pm MT weekdays 0-24 hours from time of call log or to time scale agreed with! Escalation of Priority 2 call! Customer unable to restore data! Customer experiencing Dakota Cloud Recovery related problems backing up from multiple systems Call referred immediately to Dakota Cloud Recovery Customer Service Representative who will become the primary point of contact and co-ordinate recovery actions. If problem requires onsite technical support this will be scheduled with the Page 7

8 Some calls may require further investigation and even internal escalation by our technical specialists. Although we will aim to resolve an open call in the shortest possible timeframe, this may, in some cases depend on the availability of diagnostic information from the Customer. In this case Dakota Cloud Recovery will monitor events at every stage throughout the diagnostic process and keep the Customer informed of progress. Any investigative work carried out by Dakota Cloud Recovery personnel on a fault that is found not to be the responsibility of Dakota Cloud Recovery will potentially incur charges at the normal hourly rate. Should travel and accommodation be involved, this will also be charged at cost to the 4.2. Disaster Recovery - High Priority In the event of the customer invoking a disaster recovery, or disaster recovery test, the normal Dakota Cloud Recovery Service Level Agreement will be suspended for the duration of the disaster recovery. During this time the following disaster recovery Service Level Agreement will be put into effect. Disaster Recovery Priority Classification Call Logging Time to Fix High Customer invokes an onsite disaster recovery. 24 hrs. x 7 days x 365 days Problem determination will start immediately and a recovery plan will be proposed to the customer depending on the exact nature, location and scale of the problem. Problem resolution activity will be maintained on a 24 hour basis until the problem is resolved. Typical Event! Major data loss! Loss of entire customer site! Scheduled disaster recovery test Call referred immediately to Customer Service Representative who will become the primary point of contact and coordinate the following actions:! Notify all relevant members of the Dakota Cloud Recovery Senior Management Team! Review of any previous call history! Review of database and remote diagnostic support systems! Implement repair/replacement/crash Response Team procedure! Arrange arrival onsite of Dakota Cloud Recovery technical personnel, if applicable! Communicate problem status updates to customer on a regular basis! Contact the customer to confirm successful resolution If a problem requires an onsite technical visit, this will be scheduled with the Page 8

9 5. Performance Level Agreement Dakota Cloud Recovery acknowledges that the consistent availability and performance of the Dakota Cloud Recovery service is essential to ensuring that the customer's data can be effectively backed up, transferred offsite and made available for retrieval upon request. Subject to the customer having fulfilled their obligations under the terms of the SLA, Section 3, the following performance level criteria will apply: The service will be considered to be outside of an acceptable performance level if: If, in the event that the customer notifies Dakota Cloud Recovery of a site disaster situation requiring the recovery process to be invoked, and Dakota Cloud Recovery does not provide the customer with a completely working system and full set of the customer's data onsite within 72 hours of the call being logged and confirmed, then the customer will be credited with an amount equal to one month's current service charge as a credit against the account. Page 9

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