Service Level Agreement (SLA)
Purpose and Scope
The Service Level Agreement (SLA) is a guarantee of application services on the platform for clients. The Agreement guarantees availability (“uptime”) each month and may offer credit if the services provided do not meet certain criteria.
The Service Level Agreement guarantees the availability of the platform’s main services (access to the application interfaces and clicking on redirected URL links from messages through the Dialog Insight application).
Validity and Term
To benefit from the Agreement, the Client must have one or more of the platform’s applications.
The Agreement becomes effective from the date of service activation and when all fees have been paid and the client complies with the clauses of the service agreement.
It will end upon termination of the agreement to which it relates.
Modification or Replacement
Dialog Insight reserves the right to modify or replace the Agreement at any time. Modifications or replacements will come into effect, until the next modification or replacement, as of their publication date.
The client will have the option to withdraw from the Service Agreement, in accordance with the rules established therein, within thirty days following the date of publication of the modification and/or replacement of the Agreement.
Availability Agreement
Dialog Insight targets 100% in this regard and will make all reasonable efforts to ensure maximum availability of the platform and its applications for the client, and, at the same time, compliance with the following operating parameter:
– 99.9% availability and accessibility for each calendar month
Procedure in Case of Service Outage
In the event of a failure or problem related to the Services (“Service Outage”), the Client must immediately inform Dialog Insight’s customer service department using the communication channels mentioned below under the “MTTR (Mean Time To Repair)” section.
The Service Outage period will be deemed to have begun at the moment Dialog Insight confirms the nature of the Service Outage reported by the Client, in order to exclude any cause unrelated to the Services.
The Client agrees and acknowledges that repair will only be offered if the Client provides Dialog Insight with all necessary information and/or performs any required action requested by Dialog Insight to resolve the cause of the outage.
MTTR (Mean Time To Respond)
The Service Level Agreement includes an MTTR (Mean Time To Respond) for all Services. The MTTR is an indicator of “recommended industry best practices” that ensures Dialog Insight will do everything in its power to respond to technical support requests within the following time frames:
- 90 minutes (during business hours)
MTTR (Mean Time To Repair)
The Service Level Agreement includes an MTTR (Mean Time To Repair) for all Services. The MTTR is an indicator of “recommended industry best practices” that ensures Dialog Insight will do everything in its power to repair Service Outages within the following time frames after the issue has been addressed to Dialog Insight via the predefined communication channels with the client:
4 h (during business hours)
By email: support@dialoginsight.com
By phone: Customer Service 1-833-962-3408 (toll-free in North America)
Other services:
Toll-free: 1-866-529-6214
Quebec: 418-529-6214
Montreal: 514-312-4325
Paris: +33 1 86 76 69 96
Business Hours
Business hours correspond to the company’s normal operating hours. Our offices are open Monday to Friday from 8 a.m. to 5 p.m., for our offices in France (Paris time) and in Canada (Montreal time).
Disaster Recovery Plan
Dialog Insight applies recovery and continuity procedures to respond to a disaster at its production site. Dialog Insight conducts tests to be able to survive a major “disaster” event. Dialog Insight performs daily automatic data transfers to an external site (warm site). As a result, in case of a disaster, data will be available for use by clients within 48 hours following the event. Services may experience degradation in the event of a disaster. Full service recovery will be carried out within 7 days.
A disaster includes any unforeseen event which, beyond the will and control of Dialog Insight, renders the processing of critical information inoperable and unusable.
Compensation
For the purposes of this Agreement, if Dialog Insight’s service is unavailable for more than one consecutive hour (“Service Outage Period”), the Client will receive, upon request, one (1) day of service credit for each consecutive one (1) hour increment of unavailability following the Service Outage Period. However, the Client may not receive more than one (4) service credit per month, and the maximum service credit is one (1) twenty-four (24) hour service credit.
To be eligible for compensation, the client must contact customer service by email at support@dialoginsight.com within 5 business days following the end of the malfunction. A credit will be issued to the client.
Limitations of Applicability
The following exclusions do not entitle the client to any compensation under the Agreement:
a) Scheduled Maintenance
Scheduled maintenance time is not counted in the calculation of availability time. Scheduled maintenance refers to regular and extraordinary activities performed by Dialog Insight to maintain the Agreement under which the Service is provided.
Dialog Insight will notify of maintenance at least 48 hours in advance by email sent to the address provided when the account was created. Dialog Insight agrees to make all reasonable efforts to carry out scheduled maintenance tasks while minimizing their impact on the client’s virtual infrastructure.
b) Message Delivery
Email message delivery is not guaranteed by Dialog Insight under this agreement.
c) Data Loss
Dialog Insight can at no time guarantee that no data will be lost nor can be held responsible for any data loss that may occur.
The following situations are also excluded from the application of the Agreement, even if a malfunction occurs.
d) Force Majeure
In the case of force majeure, meaning events which objectively prevent Dialog Insight personnel from fulfilling the tasks defined in the agreement as the responsibility of Dialog Insight (including but not limited to: strikes and protests blocking communication routes; traffic accidents, wars and acts of terrorism, natural disasters such as floods, storms, hurricanes, etc.).
e) Emergency Work
Extraordinary interventions that must be urgently carried out at the sole discretion of Dialog Insight to avoid any danger to the security, stability, confidentiality, and/or integrity of the platform and/or the information contained therein.
f) Unavailability or Temporary Suspension of Access to Platform Functions Due to:
- Bug fixes or improvements (access to interfaces or modifications to services) that do not prevent the functioning of click measurement features in messages;
- Internet network malfunction beyond Dialog Insight’s control (including but not limited to outages or issues);
- Defects or malfunctions of the Service due to a breach or violation of the contract by the client or misuse of the Service by the client, including but not limited to software, hardware, or administrative issues.
