Definitions
Except as otherwise modified or defined herein, all capitalized terms in this IndiVideo Service Level Agreement have the same meanings as set forth in the General Terms and Conditions and the applicable Product Exhibit (collectively, “Agreement”).
Service Description and Host Provider
The IndiVideoTM Service, will be provided twenty-four (24) hours per day, seven (7) days per week in accordance with the Service Levels set out below.
The Customer acknowledges that the IndiVideoTM Service is hosted on the Microsoft Azure Platform and is subject to the terms and conditions of Microsoft for the Third-Party Services, found at: https://azure.microsoft.com/en-us/support/legal/
Service Levels
Automatic Updates: Automatic updates to the Service shall occur periodically on the third Wednesday of each month between 22:00pm and 2:00am EST and will result in a planned outage of the Service of less than 5 minutes. Notification of Automatic Updates will not be provided to Customer.
Planned Service Outages: Customer will be provided with no less than twenty-four (24) hours advanced notice for Planned Service Outages not inclusive of Automatic Updates. All Planned Service Outages shall occur between 9:00pm and 2:00am EST. Customer will be provided with at least forty-eight (48) hours advanced notice for Planned Service Outages occurring outside of this timeframe.
Un-Planned Service Outages: When the Service Outage will exceed five (5) minutes, BlueRush will give as much prior notice as possible for the Un-Planned Service Outage including emergency or critical issues.
Service Uptime: Outside of Planned Service Outages and Automatic Updates, the Service shall have an availability of ninety-nine point five percent (99.5%) in an annual billing cycle.
Support Services
Contact and Response Times: Only Customers who have paid for the applicable Service may contact the Support desk. Customer’s designated and named representatives may contact BlueRush Monday-Friday (excluding statutory holidays) between the hours of 9am and 5pm Eastern Time via any of the following:
- BlueRush helpdesk:
- Email: info@bluerush.com
- Phone: (416) 203-0618 ext. 3
Technical Response Times: BlueRush will provide a technical response to a service request received from the Customer. The time allocated to delivery of the technical responses shall be measured from the time of receipt of the relevant service request by BlueRush during Support Hours. On receipt of the service request, the service request will be assigned a “Category” where the Category is a measure of the severity of the situation. The “Technical Response Time” will depend on the Category as outlined in the following table:
| Category | Definition | Action | Response |
| 1 | A key function or feature of the Service is inoperable and further operation cannot proceed until it is fixed. | Provide correction or workaround, as applicable | Within 4 hours |
| 2 | A function of the Service is inoperable and further operation of that function cannot proceed but operation of other functions can proceed before it is fixed. | Provide correction or workaround, as applicable | Within 8 hours |
| 3 | While a function of the Service is operable, the operation is inconsistent with the Service Levels and the inconsistency involves a material failure to comply with specifications for the same. | Provide correction or workaround, as applicable | Within 12 hours |
| 4 | An issue which does not affect the functionality of the Service. | Provide correction or workaround, as applicable | As BlueRush determines in its sole discretion |
In the event that BlueRush does not provide a workaround or a correction in the allotted Technical Response Time for a Category 1, 2 or 3 service request, BlueRush will continue to work to correct the issue each day during the week for a Category 1 issue or during Support Hours for a Category 2 or 3 issue. In the event that BlueRush provides a workaround, BlueRush will work to correct the issue as set out in the terms in the previous sentence until such time as a correction is provided. BlueRush will give updates to Customer as and when appropriate for the Category of the service request. BlueRush will work to resolve service requests on a ‘best-efforts’ basis at all times.
Escalation Process: To resolve client service requests as quickly as possible, BlueRush will use a three-level process based on the severity of the issue. Escalation up the technical support chain is BlueRush’ responsibility and will be initiated only when a service request has NOT been resolved within the Technical Response Time. The resolution process is described in the following matrix:
|
Escalation |
Responsibility |
Category 1 Escalation times for service request categories |
Category 2 Escalation times for service request categories |
Category 3 Escalation times for service request categories |
Category 4 Escalation times for service request categories |
|
Level 1 |
Customer Support Personnel |
60 minutes |
60 minutes |
2 hours |
2 hours |
|
Level 2 |
Customer Support Specialist |
2 hours |
2 hours |
4 hours |
24 hours |
|
Level 3 |
Software Engineer |
4 hours |
8 hours |
12 hours |
48 hours |
Service Limits
BlueRush will not be responsible for:
- Responding to requests for assistance for anyone other than Customer’s named and designated representatives.
- Supporting any third-party software or services.
Exclusions: Neither Customer nor Reseller shall have any remedies under this SLA to the extent any SLA claim is due to:
- Use of the Service outside the scope described in the Agreement.
- Customer equipment, modifications of the Service made by any party other than BlueRush and/or third-party software or services.
- Hardware or network infrastructure outside of BlueRush’s data center and not under the direct control of BlueRush.
- Failure of Customer and/or Reseller to meet the configuration requirements for Customer equipment set forth in the Documentation.
- A force majeure event.