This Service Level Agreement (“SLA”) forms part of the Software as a Service agreement between Customer and Print Ready Art Pty Ltd ABN:75 629 781 237 (“Agreement”). Print Ready Art encourages Customer to review the online SLA periodically.

1. Introduction

This SLA describes the levels of the ngine digital workflow system availability and support that a Customer can expect to receive from Print Ready Art for the duration of the Agreement.

2. Definitions

The following terms used in this will have the meanings specified below. Any capitalized terms not defined herein shall have the meaning attributed to them in the Agreement. In this SLA the singular includes the plural and vice versa; the words "month", "year", and "quarter" mean calendar month, calendar year, and calendar quarter, unless otherwise stated; and the word "including" (or any analogous word or phrase) means “including without limitation”.

Business Day

08:30 to 17:00, local time for the provider Print Ready Art, not including Saturday, Sunday or a public holiday.

Degraded Performance

a lower quality of service as described in this SLA (e.g. temporarily broken or temporarily unavailable functionality).

Downtime

the period of time during which the ngine digital workflow system is wholly unavailable to Customer, including maintenance occurring outside of Maintenance Hours for which less than 24 hours' notice was provided to affected Customers. However, Downtime shall not include:

1. Scheduled Maintenance;
2. Degraded Performance;
3. factors outside of Print Ready Art's control, including any Force Majeure Events;
4. Failures, acts or omissions of Print Ready Art's upstream providers;
5. failures of the internet;
6. acts or omissions of Customer and its Users; and
7. enforcement of Regulations.

Maintenance Hours

Monday to Friday from 22:00 - 04:00 AEST, all day Saturday and Sunday

Resolution Time

the time that elapses from the Response Time until the alert is resolved.

Response Time

measures the time that elapses between the receiving of an alert and the time of commencing work on the issue.

Scheduled Maintenance

planned outages, either suspending service in full or in part, which Print Ready Art will endeavour to announce at least 5 days in advance, and in any case will announce no later than 24 hours in advance, which will not exceed a reasonable period of time for the maintenance required and which, where possible, shall take place during Maintenance Hours.

SLA Effective Date

the Project Start Date stated in the Agreement or applicable Statement of Work and the date this SLA enters into force.

Ticket

an electronic request sent to Print Ready Art by a Customer (e.g. requesting a solution to an incident).

Uptime

as calculated in accordance with this SLA.

End Customer

This is the term for the Customer's customer, an external collaborator of the ngine digital workflow system

3. Scope of the Service Level Agreement

This SLA applies only to the ngine digital workflow system and Services described in the Agreement or applicable Statement of Work. This SLA does not apply to any software, equipment, services, or other parts of an information technology system that are not purchased from or managed by Print Ready Art.

Print Ready Art will rectify material issues with the ngine digital workflow system, except where:

the issue has been caused by Customer's use of the ngine digital workflow system in a manner that is contrary to Print Ready Art Training or any other instruction issued by Print Ready Art;

Customer has made unauthorized changes to the configuration or set-up of the affected ngine digital workflow system;

Customer has prevented Print Ready Art from performing maintenance on the ngine digital workflow system;

the issue has been caused by Third Party Products; or

the issue has been caused by User(s), including by modifying part of the software or by adding, deleting, or assigning improper rights to Users or End Customers.

4. SLA Effective Date and Term

This SLA will be effective from the Project Start Date and will terminate without further notice and without right to compensation or restitution upon the expiry or termination of the Agreement or applicable Statement of Work.

5. Responsibilities

Print Ready Art responsibilities:
ensure the relevant ngine digital workflow system and Services are available to Customer in accordance with the Uptime guarantee;

respond to support requests within the timescales listed below;

take steps to escalate, diagnose, and resolve issues in an appropriate and timely manner, including the allocation of enough skilled staff and the collection of necessary information; and always maintain clear and timely communication with the Customer;

this support is only provided to the Customer and not to Customer's customer known as End Customers.

Customer responsibilities:
use the ngine digital workflow system as intended under the Agreement;

notify Print Ready Art of issues or problems in a timely manner and as thoroughly as is possible;

cooperate with Print Ready Art in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information;

in case of a Priority 1 Alert, ensure the availability of enough skilled Customer employees to work with Print Ready Art;

support their End Customers as the first point of enquiry for support before escalation to Print Ready Art.

6. Availability

Print Ready Art will apply best efforts to achieve 99% uptime each month 24 hours a day 7 days a week (“Agreed Hours of Service”). Uptime is measured based on the monthly average of availability, rounded down to the nearest minute, and calculated as follows:

Monthly Uptime % = (Maximum Available hours - Downtime) / Maximum Available Hours

7. Print Ready Art’s Infrastructure & Storage

Print Ready Art provides the ngine digital workflow system via AWS, a cloud platform which provides compute, network and data storage services.

8. Response Time and Resolution Time

In the event of an alert, Print Ready Art is deemed to have responded when it has replied to Customer's initial request. This may be in the form of an email or telephone call, to acknowledge receipt of Customer's request, provide a solution, or request further information.

The Response Time and Resolution Time will depend on the priority of the item(s) affected and the severity of the alert, as set out in the following schedule:

Type

Severity

Response Time

Resolution Time

Priority 1

Highly critical alert. ngine digital workflow system is not available for use or a significant proportion of the contracted functionalities are not available.

Within 6 hours

Within 6 hours, inclusive of the Priority 1 Alert Response Time.

Priority 2

Critical alert. One or more elements of the ngine digital workflow system critical to the functioning of Customer’s business have ceased to respond completely or respond extremely slowly.

Within 24 hours

Within 24 hours, exclusive of the Priority 2 Alert Response Time.

Priority 3

Non-critical alert. One or more elements of the ngine digital workflow system have ceased to respond completely or respond slowly, and a workaround is available.

Within 48 hours

Within 48 hours, exclusive of the Priority 3 Alert Response Time.

Priority 4

Notification of minor issue that does not prohibit Customer from utilizing ngine digital workflow system in any material way.

Within 48 hours

Best effort

9. Problem Management

Print Ready Art Support regularly analyses all Customer Tickets in order to identify trends and issues. Based on these findings, we prioritize the backlog of issues and task and escalate tickets to development to remedy the problem.

Technical issues are related to a particular bug, security or backup failure, or any other type of non-functioning of the ngine digital workflow system. Example: "An orders status doesn't update."

User questions which arise will be the responsibility of the Customer after the onboarding process. The Customer is expected to only escalate these questions to Print Ready Art after all internal resolution steps are taken.

Requests are requests to change the ngine digital workflow system, features or settings. Example: "Can you create a new product type within the Design Services?"

Content questions are related to the contents of Customer Data itself. Customer is the creator and controller of its Customer Data and is therefore tasked with providing User support for these questions. Example: "How do I add an attachment to a design brief."

Help Desk the Print Ready Art help desk can be contacted by email anytime via support@ngine.com.au

10. Security

Print Ready Art provides its ngine digital workflow system on the accredited AWS Cloud Platform which conforms to IEC/ISO 27001:2013 and applies industry best practice to security.

11. Backups

The Print Ready Art IT team secures backups of all data and code in the following manner:

Incremental backups of system data on back-up servers (daily).

Full backups of the database (daily, retention of 7 days).

In the (unlikely) event of damage or loss at Print Ready Art’s AWS location, Print Ready Art will restore Customer’s data from the most recent backup. This will be treated as a Priority 1 alert.

12. Software Release Policy

Print Ready Art releases the ngine digital workflow system via Continuous Integration and Continuous Delivery. This means that whenever a new feature or release of Print Ready Art is ready, it can be deployed to the production system at any moment.

Urgent bug fixes that impact availability and critical features are applied immediately on production servers in accordance with the Resolution Time schedule.

Third party components in use by Print Ready Art (e.g. Windows Server, MongoDB, MS SQL, IIS, etc.) are updated on an as needed basis (in the AEST time zone), whenever critical updates become available.

13. Software Improvements

Print Ready Art will make available to Customer new versions, releases, and updates to the ngine digital workflow system to solve defects and/or errors, keep the ngine digital workflow system up-to-date with system developments, or otherwise improve the operation or functionality of the ngine digital workflow system. These improvements may include bug fixes. Print Ready Art will only support the most recent version of the ngine digital workflow system.

When applying updates and versions Print Ready Art shall make reasonable efforts to ensure that when performing such actions, the impact on Customer and its User(s) is limited.

14. Updates to the SLA

This SLA may be updated at Print Ready Art’s discretion, but only after providing thirty (30) days’ notice, after which it shall be effective (“SLA Effective Date”). Such notice will be sufficient if provided to a User designated as an administrator of Customer’s ngine digital workflow system account either: (a) as a note on the screen presented immediately after completion of the log-in authentication credentials at the log in screen, or (b) by email with read receipt to the email address provided for the administrator(s) for Customer’s account. If Customer objects to any such changes, Customer's only recourse is to terminate the Agreement. Continued use of the ngine digital workflow system following the SLA Effective Date of any update shall indicate Customer's acknowledgement of such update and agreement to be bound by the updated SLA. When Print Ready Art changes this SLA, the date below will be changed to reflect the publication date of the most recent version.

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