This Service Level Agreement (“SLA”) sets out the specific maintenance and support services that FilmTrack will provide with respect to the Service(s) that Customer has purchased under one or more Order Forms, which Order Forms and this SLA are subject to that certain SaaS Agreement between FilmTrack, Inc. and the Customer (“Agreement”). Capitalized terms not otherwise defined in this SLA shall have the meaning given such terms in the Agreement. This SLA may be modified or updated at any time and at the sole discretion of FilmTrack.
FilmTrack will provide services under this SLA only to Customers who are in compliance with the terms of the Agreement and each Order Form.
FilmTrack will provide You with telephone and e-mail support to answer general Service questions and to identify and diagnose Service issues. All reported issues shall be prioritized and addressed according to Severity (See Section VIII(B) hereof) upon receipt. FilmTrack agrees that it will use commercially reasonable efforts in the performance of its maintenance and support services hereunder, and will have qualified and trained personnel knowledgeable in the Software to provide such services.
FilmTrack will provide support via telephone, email communications and/or our online support tool(s). Customer will report issues to Support@filmtrack.com which is the collective Support email account for FilmTrack. Customer will also have access to Support personnel via telephone at +1.818.766.2607, +1.877.992.9466, or +44.203.769.2502.
A. Administrator Training: Customer will receive standard remote Administrator Training in connection with Customer’s initial Order Form (additional sessions for renewals of such Order Form or additional Order Forms may be available for separate purchase). The scope of Administrator Training will be set by FilmTrack in its sole discretion but will generally be focused on:
B. User Training: Customer will receive standard remote User Training in connection with Customer’s initial Order Form (additional sessions for renewals of such Order Form or additional Order Forms may be available for separate purchase). The scope of User Training will be set by FilmTrack in its sole discretion but will generally be focused on:
FilmTrack will make available to You, for no additional charge, those bug fixes, enhancements, updates and upgrades (unless FilmTrack has elected to separately charge for a particular upgrade in light of its level of new functionality) to the Services with respect to which You have a current subscription under an Order Form, to the extent that FilmTrack, at its sole discretion, has decided to make the same generally available.
FilmTrack uses Infrastructure-as-a-Service (“IaaS”) providers for all its hosting needs. As such, no FilmTrack personnel nor contractor has physical access to equipment used in the hosted environment for the Services. Subject to FilmTrack’s contractual obligations to its IaaS providers, FilmTrack will provide a summary of the applicable IaaS network security measures upon written request and subject to the confidentiality provisions of the Agreement. All remote access to hosted environment equipment configuration is restricted to a limited number of FilmTrack security and hosting personnel. In the event of an attack or threatened or suspected breach of security against FilmTrack’s or its IaaS vendors’ data center, FilmTrack will use all reasonable commercial efforts promptly to notify Customer upon determination of the identity and impact of the breach.
FilmTrack will use reasonable commercial efforts to maintain a 99.9% uptime (measured over the course of a month) for the Service, with all planned outages given at least a 24-hour notice. The calculation of uptime expressly excludes planned downtime and downtime caused by the circumstances listed below. In the event of emergency maintenance, Customer will be notified as soon as possible.
FilmTrack shall not be responsible for any failure to meet the target uptime percentage to the extent such failure is caused by or associated with:
Complete (full) backups will be performed nightly, based on the individual application requirements. Customer’s database may be backed up on a “live” basis, at additional cost and if required. Additionally, a complete (full) backup will be performed each quarter. Daily backups are stored for a period of thirty (30) days, weekly backups for a period of twelve (12) weeks, and quarterly backups are stored, offsite and encrypted, for Customers in good standing, for a period of five (5) quarters. Nothing in this paragraph guarantees the preservation of any Customer Data or changes the disclaimers set forth in the Agreement.
FilmTrack will use all reasonable commercial efforts to respond to Support Requests (as defined below) in accordance withthe following provisions. FilmTrack does not guarantee that any particular error (as defined below) will be resolved.