INTRODUCTION
This Service Level Agreement (“SLA”) specifies the agreed standards of support and problem resolution associated with the services provided by Avidon Health (“Avidon”) to Client pursuant to the services agreement and any supplemental agreements (collectively, the “Agreement”) made between the Parties. This SLA may be changed over time by mutual agreement of the parties. For purposes of this SLA, the term “Services” or “Product” or “Products” shall mean the Avidon Services as set forth in the Agreement.
Avidon shall provide maintenance and support services as provided herein at no additional fee to the Client. Services shall commence upon Client’s launch of the Avidon Product subsequent to user testing and acceptance.
Avidon shall not be obligated to provide any support and maintenance regarding issues that arise as a result of (i) Client’s failure to use the Product in accordance with the training or documentation, (ii) modification of the Product that is not in accordance with its intended use, or a change in its environment, unless expressly authorized in writing by Avidon, (iii) Client’s failure to implement Maintenance Releases (as defined below) or corrections previously provided by Avidon, (iv) malfunction of third party equipment or software, or (v) any cause that is within the control of Client.
Client shall designate Authorized Support Representatives (“ASR”) who will serve as the official support communication channel between the Client and Avidon. With the exception of issues reported by users as set forth herein, Avidon reserves the right to refuse support requests from Client that are not made by an ASR.
SUPPORT SERVICES PROVIDED
Support Resources
Avidon wiki: https://wiki.avidonhealth.com – searchable article base including detailed guidance and screenshots for platform administrators and coaches.
Avidon API library: https://api.avidonhealth.com – API for interacting with the Avidon system. Please contact Platform Support to get your API key.
Product Communication Center: https://engagementrx.avidonhealth.com – release notes, product roadmap information, and submission area for client feedback and ideas. Release notes are also emailed to Product Communication Center subscribers.
Platform Support helpdesk: https://platformsupport.avidonhealth.com/support/solutions – 24/7 Web-based knowledgebase and support ticket submission for Client-level personnel.
Member Support helpdesk: https://support.avidonhealth.com – 24/7 Web-based knowledgebase and ticket submission for Client’s individual members.
Avidon Support Obligations
Avidon shall provide support for assistance in identifying and resolving service problems and in answering questions related to the operational use of the services as set forth below:
(i) Avidon will provide emergency support on a 24×7 basis to solve problems, which render the Avidon site inoperable to users or impair functionality significantly (Severity Level 1 & 2 as specified below). As part of emergency support, Avidon shall provide a 24×7 phone number to be called in event of such emergencies.
(ii) Avidon will make technical support personnel available during business hours to assist Client in identifying and resolving other problems (Severity Level 3 & 4 as specified below) with the Avidon Product.
(iii) Avidon will provide approved down pages if the Avidon Product is not available for Users to access during scheduled maintenance windows, or during a prolonged outage/incident.
(iv) Avidon will provide a Help feature on all pages of its member-facing website with answers to frequently asked questions, a contact form, and support staff regular business hours.
Avidon will provide support of the Avidon systems 24 hours a day, 7 days a week, 365 days per year, including, but not limited to, support of all hardware and software, power, air conditioning, physical security, and physical changes to existing systems.
Monitoring
Avidon will monitor the availability of the technology components of Avidon’s Services on a 24×7 basis to ensure that the Avidon Product is being delivered according to the standards of this SLA.
Avidon will report all outages including performance degradation to Client’s ASR as specified in this Agreement.
Non-emergency support services are available during the periods indicated below, excluding the holidays noted. Each year’s holiday information will be provided by Avidon upon request. In addition, support services shall be provided for scheduled maintenance outside these periods.
| Client Country | Days | Start of business day | End of business day | Support Office |
| United States | M-F | 9:00 AM EST | 6:00PM EST | United States |
| HOLIDAYS |
| New Year’s Day |
| Martin Luther King Day |
| Presidents Day |
| Memorial Day |
| Independence Day |
| Labor Day |
| Thanksgiving Day |
| Day After Thanksgiving |
| Christmas Day |
Compatibility
Application is built to W3C standards and will be tested on all common browsers. Common is defined as browsers that represent 95% of the browsers used as tracked by Avidon’s web tracking software. Avidon will publish a list of all supported browsers on an annual basis. In the event that Avidon intends to remove a supported browser or supported operating system, Avidon will provide Client with at least 90 days prior notice of such removal.
SUPPORT STANDARDS
Upgrade and Maintenance Standards
Avidon may schedule upgrades and maintenance which may result in downtime, significant service degradation or incompatibilities for Avidon Production environments on specified Mondays during the month within a window of Monday 6:00 pm to midnight Pacific Time. Any non-scheduled or emergency maintenance which significantly degrades service or introduces an incompatibility will be communicated to Client’s ASR list within 15 minutes from the time the maintenance started.
Standard change management and testing practices are to be followed for all changes occurring during the scheduled maintenance windows. Scheduled upgrades and maintenance during the maintenance window will be excluded from calculating the Availability Service Level and average Response Time Service Level measurements below.
Avidon may from time to time change the Avidon Products. In most cases, these changes are backward compatible. When they are not backward compatible, Avidon will notify Client at least 90 days prior to the time the change takes place.
Measurement of Service Levels
Avidon is expected to notify Client in the event that normal data processes are interrupted.
Availability Service Level
The Availability Service Level is designed to track the availability of Avidon’s member-facing website (“Avidon Product Site”).
| Definition | Service Level | Measurement |
| 7 days per week, 365 days per year, 24 hours a day excluding pre-approved and scheduled maintenance downtime. If a Avidon page or any of the page elements within the page fail to load within 60 seconds of the request, it will be considered “unavailable” and constitute downtime. | Production – 99.9% availability.
Stage Instances – 95% availability. | The Avidon Product Site landing page may be used to represent Avidon overall availability for regular reporting purposes. |
Response Time Service Level
The Response Time service level is designed to ensure that the Avidon Product Site provided by Avidon is delivered to Client in a timely manner. Performance Stage instances will be used to test Avidon Product Site performance before changes are introduced to Production.
Performance is defined by the average response times associated with the page downloads based on site navigation once the user account has been authorized to access the particular site feature or web page.
| Definition | Service Level | Measurement & Reporting |
| Response Time will be measured from the time the request enters the Avidon data center until all elements of the page being requested leave the Avidon data center. | Production – 5 seconds.
Performance Test Instances – 5 seconds.
Acceptance Test Instances – 10 seconds. | Avidon will track response time of the Avidon Product Site landing page on a daily basis. The Avidon Product Site landing page may be used to represent Avidon overall response time for regular reporting purposes. |
Incident Management
Problem Severity: For purposes of this Exhibit, a “Defect” is defined as an error, or failure in the Product that prevents it from materially performing as described in its Specifications. If Client reports a perceived product Defect, an Avidon Technical Support Engineer (“TSE”) will attempt to reproduce the issue. To do this, Avidon will require detailed information from Client about the issue. Avidon may need to log on to the Client’s system (with Client approval) and see any error message and other information Client provides to resolve the issue. Avidon will also try to determine whether the issue has been reported previously. Once an issue is replicated, the TSE will verify internally (via Avidon QA and/or R&D teams) that a product Defect exists. The TSE will notify Client when a product Defect has been confirmed, and if a Maintenance Release is available to fix it.
Avidon shall provide written email notice to Client that an open case is a Defect and shall contain an estimated resolution time (“Defect Notification”).
Avidon will provide appropriate technical support services to Client’s ASR contacts (either by telephone or email) and utilize reasonable commercial efforts to correct any Defects, and errors contained in the Product in accordance with the Defect Severity Scale described below.
Also included in Maintenance and Support:
Available only at an additional fee based on mutual agreement:
During the term of this Service Level Agreement, Avidon shall correct any Defect in the Product commensurate with the severity scale noted below. Such corrections may consist of revised code or suggested avoidance procedures.
Submission of Case & Prioritization of Severity
A technical support case will be opened by the Avidon technical support team as soon as an email, telephone call or web form is received via https://platformsupport.avidonhealth.com from Client. A TSE will provide an email response back to a Client ASR acknowledging the open case within the Priority Response Time noted in the Severity Scale below.
Technical support will be guided by the then-current Avidon Technical Support and Escalation Process.
The term “Priority” is used to describe the severity of the reported case. A Priority is set by the Avidon support engineer upon consultation and agreement with the Client after the problem is reported.
Resolution Times
The resolution of incidents reported by Company will be completed as documented in the SLA and they are provided in this section for reference.
“Target Resolution Time” is defined as the elapsed period of time beginning when the Incident Notification has been provided to Company and when Avidon projects that the case will be closed.
The table below describes the incident rating, definition and the Avidon target resolution times applicable to both the Avidon and Coach Platforms:
| Incident Rating | Definition | Vendor Target Resolution Times |
| Severity 1 | An incident at this level is causing a major adverse effect to the majority of Client’s core business operations or client services which may be severely compromised, or systems containing Client data are being breached.
There is no workaround solution immediately available. Client users not being able to access an Avidon user website is an example of a Severity 1 level incident. | Acknowledgement and/or confirmation of issue within 30 minutes.
Support staff response within 1 hour.
Status update every 2 hours until service is restored.
Restoration of service within 4 hours. |
| Severity 2 | This incident involves having significant effect on Client core business operations or client services may be compromised. An effective workaround solution may be available. Client users not being able to login using Single Sign on is an example of a Severity 2 level incident. | Acknowledgement and/or confirmation of issue within 30 min.
Support staff response within 2 hours.
Status update every 4 hours until service is restored.
Resolution/Restoration of service within 8 hours. |
| Severity 3 | An Incident is having a moderate effect on Client. Business processes may be compromised, but normal business operations can continue.
An example of a Severity 3 level incident is cases where a small number of users are unable to access the Avidon user website or access major features. | Acknowledgement of issue within 1 business day.
Support staff response within 1 business day.
Status update once each business day until the issue is resolved. Resolution/Restoration of service within 5 business days. |
| Severity 4 | An Incident is having minimal or no immediate effect on Client’s business processes or operations.
An example of a Severity 4 level incident is a bug that is impacting a single user. The user is still able to access other features on the site. (These are minor issues that are handled by Customer Support.) | Acknowledgement of issue within 1 business day.
Support staff response within 3 business days.
Status update once each week until the issue is resolved.
Resolution/Restoration of service within the next release cycle. |
Reporting Incidents
All incidents will be reported through Avidon Customer Support.
Closing a Case
A case may be closed by Avidon for any of the following reasons:
Scheduled Maintenance Window
Avidon designates time periods, which it may change from time to time, during which it may limit or suspend the availability of the hosting service to perform necessary maintenance or upgrades (each, a “Scheduled Maintenance Window”). Scheduled Maintenance Windows, during which maintenance and/or upgrades may be performed, are typically every third Monday between hours of 9:00 pm to midnight Eastern Time.
Support Contacts and Escalation Procedures
Member-Level Questions and Issues:
Member-level support tickets should be submitted via the Help button on the member-facing website or via the member helpdesk at https://support.avidonhealth.com.
Client-Level Questions and Issues:
Support tickets should be submitted via Avidon’s client helpdesk at https://platformsupport.avidonhealth.com.
Additionally, the following Avidon contacts will be available with respect to Client-level incidents that fall under the SLA:
Avidon Business Hours (All Severity Levels) | Non-Business Hours (Severity Levels Medium and Low) | Non-Business Hours (Severity Levels Critical and High) |
Name: Tech Support platformsupport@avidonhealth.com 8am – 8pm (EST), M-F | Name: Tech Support platformsupport@avidonhealth.com Availability: 24 Hour x 7 Days | Name: Emergency Support Cell Phone: 908-325-9115 platformsupport@avidonhealth.com Availability: 24 Hour x 7 Days |
Contact information may be amended in accordance with the notice provisions contained in the Agreement.
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