- General Description of Helpdesk / Support Services.
Customers may contact the ELB Learning helpdesk 24/7 by submitting a support ticket at this link. The details and response times relating to each of the different Helpdesk Services are set forth below.
- Helpdesk and Support Definitions.
“Business Hours” are defined as the operating hours (being 9AM – 6PM Monday-Friday) Eastern Time Zone excluding public holidays.
“ETA” means the estimated length of time it will take to address the Incident via deployment of mitigation procedures.
“First Response” means the period between the time when the Incident was reported in full, and the time when an acknowledgment via email was made by any of ELB Learning’s personnel.
“Incident” means any incorrect functioning of the Services which results in the failure of the Services to operate in full compliance with the standards set out in the Agreement.
“Production Instance” means a ELB Learning instance which is tied to an Active User subscription.
“Support Request” means any support ticket reporting an Incident to ELB Learning via an appropriate methodology of submission, as discussed herein.
- Incident Descriptions / Response.
Customer will perform a self-diagnosis of each Incident and make a recommendation to ELB Learning with regard to the severity level of that Incident at the time of reporting. ELB Learning may re-categorize any Incident based on additional information and shall communicate such re-categorization to the Customer. Prior to reporting an Incident, the Customer will have investigated and eliminated any internet or environment issues arising from its equipment, or for which it has responsibility (e.g. internet connectivity).
| Table 1 – Severity Descriptions | |
| Urgent | Critical production issue affecting all users, including system unavailability, with no workaround available. |
| High | Issue is persistent, affects many users and/or impacts core functionality or results in significant performance degradation with no reasonable workaround available. |
| Normal | Errors in functionality within the application, often accompanied by workarounds or affecting some but not all users. |
| Low | General inquiries on the use of the application; or cosmetic errors or incidents which otherwise do not require immediate attention; or rare errors that appear during unusual conditions or are otherwise unlikely in normal use; or errors which have a sustainable workaround. |
| Table 2 – Service Level Targets* | ||
| Severity | First Response | Follow Up Response Time |
| Urgent | 2 Hours | Within 5 Hours. |
| High | 6 Business Hours | As promptly as commercially feasible. |
| Normal | 12 Business Hours | As promptly as commercially feasible. |
| Low | 16 Business Hours | As determined by ELB Learning Customer Solutions Team. |
*Notes:
- Urgent SLA applies only to issues submitted via “Support Web Form” (which can be accessed via this link and confirmed as Urgent by ELB Learning; which confirmation will be presumed, provided that the conditions of the definition of any Urgent Incident are met or as otherwise directed by ELB Learning.
- This table applies only to Production Instances and only to tickets submitted from the “Support Web Form” (which can be accessed via this link: https://knowledgebase.elblearning.com/submit-a-case-to-customer-solutions). For the avoidance of doubt, in-platform chat and tickets generated from in-platform chat do not apply to these target metrics.
Support Requests / Incident Response Procedures
- Support Requests
The following information, to the extent known and applicable, should be provided in any Support Request to address Incidents:
- A detailed description of the issue, with as much reasonable detail as can be provided with reference to the problem in a clear step by step format.
- The URL of the platform where the issue is occurring.
- The error message provided, and the exact steps necessary, if known, to reproduce the error.
- The user(s) that are affected by the issue.
- Any applicable screenshots or video captures.
Support Requests lacking this information will not be considered as part of any service level measuring report, except to the extent that such information is not available or known to the Customer.
- Customer’s General Responsibilities
With respect to Helpdesk Services, the Customer agrees that it will reasonably cooperate with ELB Learning and will, be responsible for: (i) documenting and reporting errors promptly; (ii) providing sufficient information for ELB Learning to duplicate the error, assess the situation, and/or undertake any needed or appropriate corrective action; (iii) following instructions or suggestions from ELB Learning regarding use, maintenance, upgrades, repairs, workarounds, or other related matters; (iv) having adequate technical expertise and knowledge of their configuration of the Production Instance and familiarity with the Services, (v) designating two (2) members (or more as agreed to by the Parties) of its staff to serve as the Customer’s system administrators to contact ELB Learning with support issues; (vi) providing ELB Learning with reasonable access to Customer’s personnel during Business Hours; and (vii) carrying out procedures necessary to test the rectification of the reported errors or malfunctions within a reasonable time after such procedures have been received from ELB Learning.
- Reproducing Errors
To the extent applicable, Customer understands and acknowledges that ELB Learning, in certain circumstances, must be able to reproduce errors in order to resolve them. Therefore, the Customer agrees to cooperate and work closely with ELB Learning to reproduce errors, including conducting diagnostic or troubleshooting activities, as the same may be reasonably requested and appropriate and subject to the Customer’s approval, on a case-by-case basis, End Users may be asked to provide remote access to their ELB Learning account and/or desktop for such troubleshooting purposes.
- Exclusions
Issues that arise in the following categories are not Incidents and are expressly excluded from the Helpdesk Services and service level targets detailed above: (i) Custom Cascading Stylesheets (CSS), (ii) support to third party authoring tools, (iii) support to third party system(s) or platform integration(s), where the integration is not developed or managed by ELB Learning, (iv) support in troubleshooting of e-learning content packages built with third party authoring tools, and (v) custom built authentication methods between ELB Learning and the Customer where such method is built by or on behalf of the Customer (other than by ELB Learning) and is not maintained by ELB Learning.
- Additional Charges for Exclusions
If a reported problem (or if the Customer otherwise requests assistance) is an exclusion as set out above, ELB Learning will notify the Customer in advance and, as promptly as possible, may, with Customer’s prior written approval, move forward with attempted resolution of such problem, and charge the Customer at ELB Learning’s then-current standard hourly rates for all associated work. Customer agrees to pay ELB Learning in accordance with Section 5 of the Agreement upon receiving an invoice for said work.
- Service Availability. For the purpose of this section, the following definitions shall apply:
1. “Excused Outage” means, any Unavailability that is due to:
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- Planned downtime. Planned downtimes are downtimes that are scheduled during “Maintenance Windows”.
- Emergency downtime. With respect to emergency downtime, ELB Learning shall provide the Customer with as much notice as practical under the circumstances and strives to provide a minimum of twenty-four (24) hours’ advanced notice of emergency downtime that will impact Customer’s access to the Services. ELB Learning shall make commercially reasonable efforts to schedule emergency downtime in off peak hours (based on the Customer’s business hours).
- Force Majeure. Any Unavailability caused by a Force Majeure Event.
2. “Non Excused Outage” means anything other than an Excused Outage.
3. “Unavailable” or “Unavailability” means that all or the majority of the request for the Services are constantly timing out or failing with a server side error code; and (b) with respect to unavailability of the configuration portal, that the portal is not available for log on for all End Users. For greater certainty, there shall be no Unavailability as a result of (i) a failure of the Customer to correctly configure the Services in accordance with the Documentation and/or ELB Learning’s instructions; (ii) the unavailability of web pages due to Customer internet connectivity issues; or (iii) unavailability of one or more specific features while other key features remain available.
- ELB Learning has established the Services such that they will be available at least 99.9% of the time, as measured on a monthly calendar basis (“Availability Percentage”) as follows:
Availability Percentage = ((T – EO) – IEO / (T – EO)) x 100%
T = Total Monthly Time
EO = Total Monthly Excused Outages
IEO = Total Monthly Non-Excused Outages
- If ELB Learning fails to achieve the Availability Percentage for two (2) calendar months in any six (6) month period then the Customer shall be granted service credits in compensation for the same (“Service Credits”), as detailed below. The value of Service Credits is calculated as a percentage of the pro rata monthly charges paid by the Customer to ELB Learning for Services under the applicable Order Form or SOW, in accordance with the schedule below.
Availability Percentage and Service Credit Percentage
- Less than 99.9% but equal to or greater than 99.0% availability – 10.0% service credit
- Less than 99.0% availability – 30.0% service credit
- ELB Learning will apply Service Credits to the Customer’s account. In the event there are no further Fees owing under the Agreement, ELB Learning shall issue the Customer a refund within 60 days.
- ELB Learning’s failure to achieve the Availability Percentage for four (4) consecutive calendar months during the Term shall be a material breach of the Agreement.