SERVICE LEVEL AGREEMENT
01 January 2025
This Service Level Agreement (“SLA”) between Helix Opportunity, LLC (“Helix,” “us” or “we”) and users of the Helix Opportunity System (“Customer” or “you”) governs the use of the Helix System under the provisions of the applicable Terms of Service (the “Terms”).
Unless otherwise provided herein, the SLA is subject to the provisions of the Terms.
Helix Service Commitment. Helix shall exercise commercially reasonable efforts to achieve uptime (“Performance”) better than 99.7% during any monthly billing cycle (the “Target”). The Performance will be calculated as follows: 100 * (Total minutes the System is available – Total unavailable minutes in a calendar month) / Total minutes in such calendar month.
Support Service. Helix will maintain a help desk Monday through Friday from 8 am to 5 pm Pacific Standard Time (“PST”), excluding holidays, for receiving and responding email support requests (“Support Hours”). Support service may include VOIP support and research time performed by Helix support staff. Customer will report Errors by emailing the Support Service at info@helixopp.com. Customer will identify the need of support by writing Ottitor Support in the subject line of the email. Though often the Help Desk will be able to respond immediately, it shall make reasonable efforts to at least respond within 24 hours to requests submitted during the Support Hours.
Correction of Errors. Helix will correct Errors as provided herein. “Error” shall mean a disruption to the operation of the System during the Term of the Agreement.
The definitions of the Error classifications are as follows:
(a) “Level 1 Error” means a minor function of the System is not operational.
(b) “Level 2 Error” means any Error that is not a Level 1 or Level 3 Error.
(c) “Level 3 Error” means the System is inoperative.
Procedure.
(a) Report of Errors. With respect to a report of any Error, Customer personnel making such a report will describe to the Helix Help Desk staff the Error in reasonable detail and the circumstances under which the Error occurred or is occurring and will, with the assistance of the Helix Help Desk staff members, classify the Error as a Level 1, 2, or 3 Error.
(b) Resolving Errors. In the event that an Error is not resolved by the Help Desk, Helix will escalate the handling of the Error to its support personnel until resolved. Helix support personnel will take reasonable measures to correct Errors in a timely fashion, taking into consideration the level of severity.
(c) Helix’s Level of Effort. Helix will work diligently until any Error for which a correction or workaround has not been achieved has been resolved. If necessary, Helix shall work with Customer to expediently develop a plan to resolve the Error as soon as possible, including travel to the site of the Error if the parties reasonably believe that such travel will increase the probability of expeditious resolution of the Error.
Sole Remedy. In the event of three (3) or more Level 3 Errors during any calendar month, Customer may terminate the Agreement for material breach pursuant to the provisions of Section 11.2 of the Agreement (Termination for Cause) (*applies only for Enterprise customers) [states: Either party may terminate this Agreement for the other’s material breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the other party first cures such breach, or effective immediately if the breach is not subject to cure], provided Customer notifies Helix in writing of termination within five (5) days of the end of such calendar month. Such remedy is the Customer’s sole remedy for any failure of the System.
—END OF AGGREEMENT—