Support and Hosting Services – Course Merchant
This Service Level Agreement (SLA) is provided by D2L and only applies to the Course Merchant and Course Merchant reporting layer product suite. Course Merchant shall sometimes make use of Linode as a cloud service provider.
SECURITY OF DATA
At D2L, we take security and privacy very seriously; more information on the security of Client data can be found in D2L’s standard terms and conditions and D2L’s Security and Privacy webpage: https://www.d2l.com/en-eu/security/ and D2L’s Course Merchant Compliance webpage https://www.d2l.com/en-eu/brightspace/course-merchant/security-and-compliance/.
SERVICE AND SUPPORT
D2L will provide support services during working hours of 9:00AM to 5:00PM GMT/BST on D2L normal business days in England, which are Monday – Friday, excluding bank holidays in England.
D2L will respond to and complete correction of errors, defects and malfunctions in accordance with the severity of the incident as set out in the following schedule:
| Severity 1 | Causes data corruption or system crash or Client cannot make effective use of our services. |
| D2L will make an initial response to a Severity 1 support request within two (2) working hours. D2L will use commercially reasonable efforts to provide a fix, work around, or to patch a Severity 1 bug within twenty-four (24) hours after the bug is replicated by D2L and confirmed as an incident by D2L. | |
| Severity 2 | Feature does not work as documented; no reasonable work around exists, and Client has a critical need of the feature. |
| D2L will make an initial response to a Severity 2 support request within four (4) working hours. D2L will make commercially reasonable efforts to provide a fix or work around for Severity 2 bugs within three (3) business days. | |
| Severity 3 | Feature doesn’t work as documented, but a reasonable work around exists, or the next release will provide a fix. |
| D2L will make an initial response to Severity 3 maintenance calls within twenty-four (24) working hours. D2L will make reasonable efforts to identify a resolution to Severity 3 bugs within thirty (30) working days and/or to incorporate Severity 3 fixes in the next upcoming release of the product. | |
| Severity 4 | Enhancement request. |
| D2L will make an initial response to Severity 4 maintenance calls within twenty-four (24) working hours. Severity 4 issues will be dealt with on a case-by-case basis. |
UPTIME GUARANTEE
D2L will use reasonable commercial efforts to make the Services available at least 99.9% of the time. Unavailability of the Services (“Downtime”) may result in service credits under this section. Scheduled outages, maintenance windows, and other outages resulting from events beyond D2L’s control are not included when calculating Downtime. Client shall report incidents to D2L Support that it considers Downtime immediately, but in no event later than 24 hours from when Client became aware of, or reasonably should have become aware of, the occurrence; failure to do so shall disentitle Client to any credit for that incident under this SLA. In reporting, Client shall provide D2L sufficient information to investigate and classify the incident, including date, duration, and description of occurrence. D2L shall investigate and reasonably classify any reported outage/occurrences Downtime. In making its classification, D2L shall rely solely upon its own statistics software and monitoring equipment. The portions of D2L’s software application services which are operated by D2L will have at least 99.9% uptime, as measured monthly, excluding planned downtime.
DOWNTIME CREDIT
If after investigation and classification, D2L determines that Downtime during a calendar month was such that availability fell below the level stated in this section, Client may claim a credit on cloud hosting (“Cloud Services”) fees during the relevant calendar month, calculated on the following basis:
| Availability (x = Availability) | Client credit |
| 99.9% <= x | N/A |
| 99.5% <= x < 99.9% | 1% of Client’s Cloud Services fee for that calendar month |
| 99% <= x < 99.5% | 2.5% of Client’s Cloud Services fee for that calendar month |
| 98% <= x < 99% | 5% of Client’s Cloud Services fee for that calendar month |
| x < 98% | 10% of Client’s Cloud Services fee for that calendar month |