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SOLICITATION # CH16012 <br />does not meet the applicable Service Level, then Virtustream will use commercially reasonable efforts to restore its <br />performance to meet such Service Level. <br />Service Level Reports <br />Service Levels will be calculated and measured monthly by Virtustream on a calendar month basis and reported <br />each month for the previous month. The reports will be provided to Customer by the tenth (10th) working day of the <br />month following that to which such report relates, commencing on the second (2nd) month following the Service Start <br />Date and each month thereafter. The monthly service level report will contain at least the following items: (i) Uptime <br />statistics for the month concerned; (ii) an analysis of reported incidents over the previous month, broken down by <br />type for discussion; (iii) action plans for items giving rise to concern; (iv) comments and observations on any issues <br />arising from Virtustream's performance monitoring activities; (v) recommendations on service delivery strategies to <br />maintain or enhance the service level; and (vi) review of general business requirements ("Service Level Report"). <br />Cloud Platform Services (CPS) has its own specific service levels as described in this document. Cloud Cover <br />Services (CCS) has service levels that pertain to the CCS offerings and are reported separately. Not all Virtustream <br />customers have CCS but all Virtustream customers use CPS. <br />Service Level Review Meetings <br />Monthly Service Level review meetings will be conducted by Virtustream with Customer where the monthly Service <br />Level report specified above will be discussed. If any of the Service Levels measured over the previous calendar <br />month period is not achieved in that month, then Virtustream will include the steps taken to rectify the problem in the <br />next monthly Service Level Report. In addition, the issue shall be an agenda topic for discussion at the next monthly <br />service review meeting. Additionally, after restoring service or otherwise resolving any immediate problem as <br />specified in this SD, if Virtustream fails to provide Services in accordance with the Service Levels, Virtustream shall: <br />a.Promptly investigate and report on the causes of such problem; <br />b.Provide a Root Cause Analysis of such failure as soon as practical after such failure or at Customer's request; <br />c.Correct such problem that is Virtustream's fault or responsibility, as soon as reasonably practicable and coordinate <br />the correction of such problem if Virtustream does not have responsibility for the cause of such problem. <br />d.Advise Customer of the status of remedial efforts being undertaken with respect to such problem; <br />e.Demonstrate to Customer's reasonable satisfaction that the causes of such problem (that is Virtustream's fault or <br />responsibility) have been or shall be corrected on a permanent basis; and <br />f.Take corrective actions to prevent any recurrence of such problem (that is Virtustream's fault or responsibility). <br />Root Cause Analysis <br />Promptly following Virtustream's failure to meet a Service Level, Virtustream will perform a root cause analysis to <br />determine the reason for that failure. Upon Virtustream's determination of the cause of such failure, it will provide to <br />Customer a preliminary report citing the cause of such failure. If Virtustream determines that the failure was due to <br />Virtustream, an additional report will be provided that details the root causes of the failure, and which details any <br />measures that should be taken to minimize the possibility that such failures will re -occur. Virtustream will correct the <br />problem and use reasonable commercial efforts to minimize the re -occurrence of such failures. <br />Service Level Exceptions <br />Virtustream shall not be liable for any failure to meet the Service Levels, to the extent such failure was caused by one <br />or more of the following: <br />a.A failure of Customer or any of its employees, agents or contractors (including any of Customer's third party service <br />providers) to perform any of its responsibilities under this SD; <br />b.Any act or omission of Customer or any of its employees, agents or contractors (including Customer's third party <br />service providers or other third parties acting on behalf of Customer); <br />c.Any hardware, software or other product of a third -party or Customer equipment; <br />d.Any failure of Customer to secure the proper access rights or maintenance and support services with respect to <br />any component of the Services (e.g., hardware, software, network, maintenance) for which Virtustream does not bear <br />operational responsibility; <br />e.Downtimes resulting from a Virtustream's scheduled maintenance windows; <br />f.Customer's reprioritization of the tasks to be performed by Virtustream where such reprioritization causes <br />Virtustream to miss a Service Level; <br />g.Viruses; provided that the infected Virtustream-provided system had virus protection for which the virus protection <br />software updates were up to date; <br />carahsoft carahsoft <br />