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Service Level Objectives

Service Level Objectives

These Service Level Objectives are part of an agreement for services between you and Edsembli.

1. Definitions

Any capitalized terms not defined in these Service Level Objectives shall have the meaning ascribed to them in the Agreement. In addition to the definitions contained in the Agreement, the following terms shall have the following meanings for the purposes of these Service Level Objectives:

“Agreement” means the Terms of Service, the Order, Statement of Work, Support Policy and these Service Level Objectives.

“Business Day” means any calendar day except for Saturday or Sunday or any statutory holiday observed in the Province of Ontario.

“Minutes of Availability” means: (i) the total number of minutes in the applicable calendar month; less (ii) that number of minutes in the applicable calendar month for any routine maintenance.

“Other Permitted Outages” means any outages caused by: (i) your actions, inactions or omissions, your Authorized Users/or any third person that is not a contractor to Edsembli; (ii) circumstances that constitute an event of force majeure under the Agreement; or (iii) your unauthorized use or misuse by of the Services or your breach of the terms of the Agreement.

“Scheduled Outage” means that number of minutes in the applicable calendar month for required repairs, preventative maintenance, system upgrades or other similar activities, which cannot be performed during scheduled routine maintenance windows and which Edsembli provided you with reasonable advance notice thereof.

“Service Availability” is defined as, in any calendar month:

Service Minutes — Unplanned Outages during Service Minutes.

“Service Minutes” is defined as Minutes of Availability less Scheduled Outage, less Other Permitted Outages.

2. Service Level Objective

  • 2.1 Objective. Edsembli’s objective is to have Service Availability (as defined below) of the Services equal to or greater than 99.9%.
  • 2.2 Limitations. The Service Availability objective does not apply to any performance or availability issues:
    • 2.2.1 Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center);
    • 2.2.2 That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
    • 2.2.3 Caused by your use of the Services after we advised you to modify your use of the Services, if you did not modify your use as advised;
    • 2.2.4 That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
    • 2.2.5 That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Services in a manner inconsistent with the features and functionality of the Services (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
    • 2.2.6 That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
    • 2.2.7 That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior; or
    • 2.2.8 Due to your use of Services features that are outside of this Agreement.

3. Reporting and Escalation

  • 3.1 Reporting. Edsembli will provide you with a monthly report describing the Service Availability percentage for the Services either: (i) by e-mail following a request from Customer for such report; or (ii) through the Service.
  • 3.2 Escalation. In the event that Edsembli fails to meet the Service Availability objective set out in section 2 of these Service Level Objectives in a particular month, then within ten (10) Business Days from receipt by Service Provider from Customer of a query regarding such failure, Service Provider will submit to Customer a written explanation of the failure and a rectification plan to prevent or minimize the likelihood of a recurrence.

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