Platform SLA

1. Definition of Services

Our services fall into three areas. 1. Platform Only Service (Maxemail), 2. Fully Managed Service, 3. Hybrid Service (referred to as Service Types) types 2 and 3 are collectively known as Professional Services.

The Service can include one or more of the areas below as described in the Service Agreement

Definitions

Commercially Reasonable Efforts:

the same degree of priority and diligence with which Xtremepush meets the support needs of its other similar customers.

Fault:

any failure of the Platform to operate in all material respects including any failure or error referred to in the Service Level Table.

Help Desk Support:

any support provided by help desk technicians sufficiently qualified and experienced to identify and resolve most support issues relating to the Platform.

Service Agreement:

the main service agreement to which this schedule relates.

Service Credits:

the service credits specified in the table set out in paragraph 5.1.

Service Levels:

the service level responses and response times referred to in the Service Level Table (Table 4.1).

Service Levels Table:

Table 4.1

Solution:

either of the following outcomes:

(a) correction of a Fault; or

(b) a workaround in relation to a Fault (including a reversal of any changes to the Platform if deemed appropriate by Xtremepush) that is reasonably acceptable to the Customer.

Support Hours:

Monday to Friday, 0900 to 1730 hrs, UK time, excluding UK bank holidays

Support Period:

the service term as defined in the Service Agreement

Support Request:

request made by the Customer in accordance with this schedule for support in relation to the Platform, including correction of a Fault.

Support Services:

those services listed in Support Services section below , including Help Desk Support.

All initial capitalised terms in this schedule shall have the meaning given to them in the Main Service Agreement.

2. Support Services

2.1 During the Support Period Xtremepush shall perform the Support Services during the Support Hours in accordance with the Service Levels.

2.2 As part of the Support Services, Xtremepush shall:

(a) provide Help Desk Support by means of the following telephone number +44(0)1327 810741 and e-mail address [email protected];

(b) use Commercially Reasonable Efforts to correct all Faults notified under paragraph 3.3; and

(c) provide technical support for the Platform in accordance with the Service Levels.

3. Submitting Support Requests and access

The Customer may request Support Services by way of a Support Request.

3.2 Each Support Request shall include a description of the problem and the start time of the incident.

3.3 The Customer shall as soon as reasonably practicable provide Xtremepush with notice of any Faults.

3.4 All Support Services shall be provided from Emailcenter's office.

4. Service Levels

4.1 Xtremepush will undertake to

(a) prioritise all Support Requests based on the Customer's reasonable assessment of the severity level of the problem reported; and

(b) respond to all Support Requests in accordance with the responses and response times specified in the table set out below:

Service Levels Table

Service Severity Definitions

Response Times

Resolution Times

5. Service Credits

5.1 If Xtremepush fail to meet the service resolutions in the timescales outlined in the Service Level Table and this results in a delay or failure then the Client can request a Service Credit. All Service Credits will be given at the sole discretion of Xtremepush once the facts of a request are established and agreed.

Email Service Credits are based on the total number of emails affected by the delay or failure at the cost per email as specified in the Service Agreement.

SMS Service Credits are based on the total number of SMS messages processed by the platform but that have failed to be delivered to our SMS portal partner.

6. Service Types

The service type will be agreed and defined in the main Service Agreement

6.1 Platform Only Service

A cloud based service that enables companies to run their email marketing, email automation and transactional emailing activities on a self-service basis. User(s) will set up manage, test and monitor all email activities using the platform (Maxemail). We will provide every user with support via telephone/email or web during normal office hours. Support will with respect to the use of the Platform only.

The Platform provides users and managers with a set of tools as facilitate the following key areas:-

• Set up and maintain an enterprise working environment (Maxemail Enterprise edition)
• Upload and synchronise data from other systems including CRM systems, marketing databases, e-Commerce systems, web sites.
• Manage data. including data lists, recipient profiles, tracked data
• Create email campaigns by selecting templates, data lists, applying segmentation (filter rules)
• Testing email campaigns by using the range of pre-send testing tools included in the Platform
• Schedule email campaigns by date / time
• Setup and manage automated email campaigns
• Process and track your transactional emails via the platform
• Setup and manage email creative with highly targeted and personalised content
• Monitor a range of tracked metrics
• Create a range of Insight Reports for on going analysis
• Create data feeds from the platform back to other systems for the purpose of extraction of tracked data. (Via API and FTP)
• Management of all aspects of email deliverability. This includes bounce management, blocklist management, dedicated IP address management, throttled sending to major ISP's, unsubscribe management, Senderscore reputation monitoring (Option), Spam trap monitoring.
• User Training. User training is given to users of the platform as defined in the Service Agreement. A number of training sessions are available which focus on different areas of the tool. All new users of the platform are given a general training session. All training sessions conducted via phone / internet.
  Help and assistance to get your first campaign set up and sent.

6.2 Fully Managed Service

We will provide you with a fully managed service, this will be agreed and defined in your Service Agreement. The Fully Managed Service can include any mix selection from the range below

• Setup and management of your email campaigns
• Setup and testing of your HTML email creative. The content of the creative is usually provided by the client or the clients appointed design agency
• Management of the pre-send testing and approval process.
• Set up of automated email campaigns, including data and content feeds, all business logic, results collection, and analysis
• Defining the strategy for your e-CRM program
• Evaluating the results of your e-CRM program and making continuous adjustments
• Advice and assistance on writing and testing of software that uses the platforms API to achieve integration with 3rd party systems

6.3 Hybrid Service

We will provide you with a hybrid service which includes a mixture of our Platform Only and Fully Managed Service. The Hybrid Service is defined in the Service Agreement

7. Platform Availability

Our platform is designed to provide our customers and partners with a full service at all times. The platform is accessible 24 hours a day,7 days per week year around. The platform monitors the average response time each user is experiencing and will alert our engineering staff if there is an unacceptable fall in the response time. (A reduction of greater than 25%)

8. Client Support Services

Client Support Services fall into two areas.

8.1 Platform Support

This is the support that is included as part of the service agreement for each Maxemail platform user.
Support Availability. Platform support is available from 9am to 5.30pm during UK office hours. Support can be offered outside of these hours by arrangement.

Support Tickets. Each support issue is assigned a ticket number to enable the issue to be tracked and to record the status of the support issue.

Getting in contact with support. Call or email
Telephone 44(0)1327 810741 email [email protected]

8.2 Platform System Support definition

The Maxemail platform is monitored 24 hours a day and 7 days a week. the monitoring system issues our engineering team with an alert in the event of a process failing, immediate remedial action is taken to ensure continued service and response levels as outlined in table 4.1.

8.3 Platform Support definition

This includes any question or issue concerning any part of the platform. This includes user access, user administration, user profiles, setup, management and scheduling of emails and campaigns, importing and exporting of data and reports, API technical support, custom reports, editing and creating emails and email templates, using the pre-send testing tools.
It does not include help or advice with coding of HTML emails, this is provided in the professional service as defined in the service agreement.

8.4 Professional Services

This service is available for any customer, the service can be provided in the following forms

1. Included as part of a managed service contract. Direct access to the Maxemail platform and user logins are not required.
2. Included as part of a Maxemail platform service agreement. In this case the professional services will be provided as described in the service agreement, Schedule A covers initial implementation work and Schedule B covers any on going professional services during the agreement term.

9. Platform Send Rate

9.1 Email Send Rate

The peak email send rate is 1.5 million emails per hour. This will be achieved based on an email design with fixed content with no personalisation or dynamic content and nominal size of 50 Kilobytes. The actual email send rate will be affected by the mix of domains that are being sent to, the total size of the email, and the level of personalised and dynamic content used.

9.2 SMS Send Rate

Minimum 90 thousand messages per hour; typical 180 thousand messages per hour. This will be achieved based on SMS messages with fixed content with no personalisation or dynamic content, within the size of a single-part SMS (not exceeding 160 standard characters, or 70 characters for messages including extended characters). The actual SMS send rate will be affected by the number of SMS message parts, and the level of personalised and dynamic content used.

10. Platform Response Time

The platform is monitored by an independent organisation to monitor and report any non-availability from any location on any part of the internet, world-wide. We aim to maintain platform availability to a level of greater than 99.9% and a response time of less than 100ms from anywhere in the UK.

11. Platform Upgrades

We have a policy of continuous enhancement and improvement. Software changes and enhancements are implemented on the Platform after a Alpha and Beta tests have been completed, this includes extensive automated testing to identify, correct and retest any issues. On satisfactory completion of the Alpha and Beta phase the new release will be applied to the production platform.

New releases and updates can be as often as twice monthly, the actual software release level can be found by going to the login page and clicking ABOUT. The software will display Maxemail on Demand X.X update YY
Where X.X is the version and YY is the update number (increments on each new release)

New releases of software are applied at times of low general activity, usually on a Sunday, during late evening time. Most new releases will be applied without having to interrupt or compromise the service in any way, however occasional it is necessary to interrupt the service for more complex updates or system maintenance to the platform, in this case we will provide every user with at least 7 days notice via the Maxemail user interface during the user login process.

Interruptions to the service are generally kept to a maximum of 30 minutes however it may be necessary for this to be longer.

12. Clients Responsibilities

See Terms and Conditions of use 5. Customer Obligations

13. Warranties

Refer to Terms and Conditions of use 8. Warranties

14. Disaster Recovery

Our platform is implemented across two separate data centres (A and B)

14.1 Failure - Loss of internet connection to data centre A

14.2 Failure - Loss of dedicated link between data centres

14.3 Failure - Loss of internet connection to data centre B

14.4 Failure - Catastrophic Loss of data centre A

14.5 Failure - Catastrophic Loss of data centre B

14.6 Hardware Resilience

All hardware is covered by a supplier hardware support 4hr same day response contract. Spare disks are available for immediate replacement via redundant installed drives or remote hands support, as these are the most likely point of failure.

14.6.1 Database servers:

Each server is installed with multiple hard disks configured with RAID 5 operation, redundant secondary PSU's and secondary network cards. Database servers operate in a load balanced environment.

Replication and loading is controlled by the replication server. If a database server fails totally then it will drop out of the data serving group with no interruption to data services.

14.6.2 Application servers:

Each server is installed with multiple hard disks configured with RAID 1 operation, secondary PSU's and secondary network cards. Application servers operate in a shared, load balanced environment.

Currently each server holds configuration information for each other application server. If an application server fails totally then a replacement application server is configured and added to the environment to maintain full operation with no interruption to application services.

14.6.3 PMTA servers:

Each server is installed with dual hard disks configured with RAID 1 operation, secondary PSU's and secondary network cards.

If a PMTA server fails totally then a fully configured failover server will immediately take over the function with no interruption to email delivery services.

14.7 Software resilience

Maxemail data is backed up with hourly database snapshots and stored on backup servers remote from the hosting servers. This data includes full database dumps, email creative files, template creative files and all relevant logs.

Hourly backup snapshots are kept for 7 days. Daily snapshots are kept for 30 days.

Hardware configuration files are kept replicated in colocation sites and also on a remote site.

15. Termination of Contract

Refer to Terms and Conditions of use 13. Termination

16. Deliverability

16.1 Email Deliverability

Our Enterprise customers will be given a dedicated IP address, (if this is deemed to be the most suitable solution taking into account, email frequency, volume and type of emailing), together with a bespoke domain to be used for all marketing and transactional email communications. Delivery of each email is managed by the platform, this regulates the delivery rate to various ISP's in order to maximise the speed and delivery success rate. The platform monitors feedback from various leading ISP's also the bounce management software manages any permanent or temporary bounces, this ensures the reputation of the IP address remains positive.

The platform also monitors the bounce rate from each campaign that is sent, if this rate goes above an acceptable level then the campaign is suspended pending investigation by our client services staff, the customer is then alerted and corrective action should be taken.
It is the responsibility of the customer to ensure that all email address lists used comply with all relevant anti-SPAM regulations and laws, each email address should be opted-in by the recipient before it is used, as set out in the Xtremepush Terms and Conditions. All campaign creatives / messages must have unsubscribe links within them.

The overall deliverability is a function of many elements, many elements are under the control of the customer and it is the customers responsibility to monitor their email activity and ensure corrective action is taken in order to maintain good levels of deliverability and sender reputation.

Key elements under direct control of the customer include:

• Frequency of communication.
• Relevance of the message.
• Quality of the list and email addresses. Make sure data capture mechanisms result in accurate data.
• Age of the email address list. Don't use old data.
• All these elements will drive your deliverability and the reputation of the IP address. The platform will ensure all aspects of your email activity are fully monitored and controlled such that your deliverability is maintained at an optimum level.

16.2 SMS Deliverability

We expressly do not guarantee that electronic communications sent by you through our platform are received properly and on time by the end-user. You acknowledge in this respect that the Maxemail platform only operates as a conduit for the transmission of electronic communications. Our Services do not extend to the actual delivery and receipt of electronic communications, but are limited to the proper functioning of our platform.