This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between DigitalHQ and its customers for professional services, software as a service, or any application support/service deliverable that was purchased from DigitalHQ on a contract basis that includes a defined scope. This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders. It does not supersede current processes and procedures unless explicitly stated herein.
The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent service support and delivery to our clients by DigitalHQ and its affiliate providers.
The goal of this Agreement is to create a communication channel between services provisioned between DigitalHQ and our customers.
The objectives of this Agreement are to:
The following service parameters are the responsibility of DigitalHQ in ongoing support of this Agreement.
The following services are covered by this Agreement.
Services other than ones listed above are considered out of scope for support. For the avoidance of doubt, the following services are not considered support:
Customer responsibilities and/or requirements in support of this Agreement include:
We require all organizations to practice good information security and technology management. Each organization we work with will:
We offer guidance for meeting minimum standards of information technology management.
Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.
Coverage parameters specific to the service(s) are customer business hours unless superseded by additional agreements. Support requests received outside of office hours will be collected, however no action can be guaranteed until the next working day.
DigitalHQ would provide ongoing support to customers using the approved service support channel and knowledge base resources. The time available is determined by the Request Priority and the SLA Policy for defined for each customer.
DigitalHQ assigns a priority to each ticket when it is received. As per section 2.2, it is the customer’s responsibility to request a change to this priority if they feel that a different priority level is required. For reference the following is a guide to how priority is determined:
By default, customers can expect that:
For all support agreements DigitalHQ uses Best Effort (BE) to respond during the stated response window. Details for each support agreement are disclosed at digitalhq.com/sla and subject to change without notice if adapt to changing security, technology or service delivery needs.
For user requests, the goal of each response is to assist the user in solving the problem themselves. For security incidents, the goal of each response is to swiftly validate/contain/remediate the problem. For alarms/notifications, the goal is to solve the issue on behalf of the customer.
For reference, the table below describes the intent and expectations of each agreement.
SLA Agreement | Objective | Expectation |
Bronze | Most common choice for small business with emphasis on self-reliance, shared responsibility, and low overhead. |
· Monday through Friday (Excluding Holidays). |
Silver | Greater emphasis on planning and continuity supported by rapid response. | · Same Business Day · Monday through Friday (Excluding Holidays) |
Gold | Designed for regulatory or legal compliance. | · 4-Hour Response · Monday through Friday (Excluding Holidays) |
Platinum | Focused on exceeding regulatory compliance and meeting fiduciary responsibilities. | · 2-Hour Response · Monday through Friday (Excluding Holidays) |
After a report has been logged, DigitalHQ responds in compliance with the relevant Service Level, unless the Customer does not comply with its obligations; or has engaged DigitalHQ to make material changes to infrastructure or services.
Events are when something happens that is (most of the time) unusual, whether planned or unplanned. Incidents, on the other hand, are when something happens and it interrupts something else. Events and Incidents are not mutually exclusive. All incidents are events but not all events are incidents. Customers are able to attribute priority to all events, but additional resources are attributed to prioritized incidents.
The DigitalHQ Cyber Incident Response (CIR) policy for considers any incident with material significance as High priority. DigitalHQ offers each customer the ability to incorporate relevant portions of their Incident Response Plan (IRP) into the scope of provided services. In areas where there is a gap or lack of an IRP, the DidigtalHQ Default Cyber Incident Response policy is applied.
We use our judgement to help protect the confidentiality, integrity, and availability of information systems and data. Materially Significant Impact is determined by DigitalHQ by the following process:
DigitalHQ will prioritize events suspected of materially significant impact. Unless explicitly defined in customer’s letter of agreement, DigitalHQ will temporarily raise the Service Level Agreement for a customer (Bronze, Silver and Gold), on an incident basis, to the next-tier. Customers receive priority outside of an established agreement, charged at a premium and require customer communication through completion.
DigitalHQ will do the following actions in these cases:
Customer responsibility during this time is as follows:
Billing
CIR events are billed at a higher rate, billed in increments, and require customer communicate the closure (or hold) of a request to release our team and stop billing. Billing for CIR events starts when event validation commences. Billing continues until the event is contained or resolved. Customers may request that work is stopped/paused at any time via the request system.
The DigitalHQ solution is a hosted SaaS platform with a guaranteed uptime of 99%. DigitalHQ is not responsible for, or held liable for, damages. The Customer assumes all risks.
NOTWITHSTANDING ANY OTHER TERM HEREIN TO THE CONTRARY AND UNLESS OTHERWISE EXPRESSLY STATED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIGITALHQ, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONSULTANTS OR SUPPLIERS BE LIABLE TO SUBSCRIBER OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, PERFORMANCE OR USE OF THE SERVICE, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF USE OR DATA, DAMAGE TO SYSTEMS OR EQUIPMENT, COST OF COVER, OR OTHER PECUNIARY LOSS, EVEN IF DIGITALHQ OR SUBSCRIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIGITALHQ’S CUMULATIVE LIABILITY TO SUBSCRIBER SHALL NOT EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT IN THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING ALLOCATION OF RISK AND LIMITATION OF LIABILITY HAS BEEN NEGOTIATED BY THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DIGITALHQ AND SUBSCRIBER.
Customers wishing alternative terms may choose DigitalHQ Enterprise.