1.1. This schedule describes the scope and functionality of the Services to be provided by SCW to the Customer under this Subscription Agreement. It also specifies certain of the obligations of each party in the delivery of the Services.
1.2. Each Service has, where specified, an associated Service Level.
2.1. SCW shall supply Customers with an online security training service incorporating the following production environment services:
(a) Online Access: On-line access to the Service during the Service Hours excluding scheduled downtime as defined in this schedule or as otherwise agreed in writing between the parties.
(b) Maintenance and Support Services during the Service Hours.
(c) Data back-ups in accordance with section 5.
(d) Application management: (1) application upgrades, (2) delivery of application maintenance updates
2.2. SCW shall monitor and manage all components used to deliver the Service during the Service Hours throughout the Term.
2.3. SCW shall ensure appropriate capacity planning of the Services to ensure there is always sufficient capacity to provide the Service at the Service Levels. This shall require Customer to advise SCW of any anticipated material changes to the use of the Service.
3.1. Release Strategy
(a) SCW will inform Customer regularly of the timing and contents of new releases to the Service. Customer may provide suggestions and input to SCW regarding any planned or requested new features. SCW shall, at its sole discretion, consider whether Customer’s suggestions shall be included in a subsequent release as part of the Maintenance and Support Services.
(b) Except where a product enhancement cost has been agreed with the Customer, such new releases to the Service shall be made at no cost to the Customer.
(c) SCW shall document any such changes in release notes which shall be made available to the Customer as soon as possible, but no later than the date any new release is issued.
3.2. Support Services & Responsibilities
(a) SCW shall provide the support services in English.
(b) SCW shall notify Customer of all material incidents that have an impact on
the Service provided to the Customer
(c) SCW shall be responsible for:
(i) The availability of the Service.
(ii) Solving incidents and problems raised by the Customer Help Desk.
(iii) Implementing changes to the Service required as a result of solving incidents.
(iv) Communicating the status of incidents to the Customer Help Desk.
(v) Communicating information about planned system changes of outages to Customer and the subsidiaries in a timely manner.
(vi) Responding to each incident in line with the specified actions for each incident class.
(d) Customer is responsible for:
(i) Raising incidents to the SCW help desk through a centralized Customer Help Desk.
(ii) The Customer must nominate at least 2 authorized Support
(iii) Contacts and notify SCW of their names and contact details immediately following the date of the Agreement. Incidents and service requests must be reported via any of the supported service channels.
(iv) No phone support is provided directly to Users.
(v) The Customer must not publish SCW’s contact details on their intranet, website, or anywhere else.
3.3. Service channels
3.4. Incident management
The Customer Help Desk shall provide the following items when notifying SCW of an incident:
(i) incident time, duration, and location.
(ii) User ID and contact details.
(iii) Incident description.
(iv) Category of the incident, to be mutually agreed between the parties.
3.5. Incident categorization
SCW can adjust the severity of reported issues if our investigations have shown the severity to be incorrect.
Severity readjustment is commonly used in circumstances where a ticket is submitted as Class A or Class B but contradicts the definition above.
SCW may also increase the level of severity if the issue is considered to be more serious than initially reported
3.6. Closing Incidents
Before closing an incident, the SCW help desk will seek confirmation from the Customer that the incident has been resolved.
4.1. General Description of Service Levels
(a) Unless otherwise specified, the measurement period for the Service Levels is each Service Period.
(b) Where Service Levels are described as “targeted”, such targeted Service Level measurements represent the expected performance levels of the Service under normal operating conditions, but such targeted measurements are for guidance only and do not constitute any obligations or liabilities on the part of SCW and any failure to meet such targeted Service Levels shall not be construed in any way as a breach by SCW of this Agreement.
(c) In the event that Service Levels fail to meet the targeted Up Time and/or the targeted System Response Time metrics in any Service Period, SCW’s obligations are limited to providing analysis and explanation of the reason(s) and proposed reasonable measures to eliminate the undershoot. Such measures may require changes either in the usage of the Services by the Customer or of the Services by SCW.
(d) Where Service Levels are described as ‘contracted’, such contracted Service Level measurements represent the actual performance
levels of the Service under normal operating conditions and a failure to meet such contracted Service Levels will result in Service Credits being calculated.
4.2. Uptime and Performance Service Levels
(a) The Service Levels apply to the SCW learning platform and shall be measured over the Service Hours except for scheduled
(b) The metrics used to measure performance of the Service are as follows:
(i) System Response Time
(ii) Up Time
(iii) Maintenance Window
(c) The point of measurement for all Services monitoring with respect to System Response time shall be the servers at the SCW sub-processor data center. Response times exclude the transaction cycle times on communication links from the data center to the Customer’s end-user
(d) The System Response metric shall be calculated over a Service Period.
(e) Measurement methods and targets for Service Up Times shall be as follows:
(i) Service Up Time shall be calculated at the end of each Service Period. The Contracted Service level for Service Up Times in any service period shall be 99.75%. The targeted Service Level for Services Up Times in any Services Period shall be 99.9%.
(ii) Up Time shall be expressed in percent and is defined as the time period during which the Service is available to the customer.
(iii) Up Time is calculated as follows:-
Service Up Time in % = means total number of minutes in the calendar month minus scheduled downtime minus the number of minutes of downtime suffered in a calendar month, divided by the total number of minutes in a calendar month minus scheduled maintenance windows
(iv) Service Up Time is continuously monitored via the following status page: https://status.securecodewarrior.com
(f) Service Credits shall apply for failure to meet the contracted Service Levels and shall be as follows:
(i) For Uptime Percentage less than 99.75% but equal to or greater than 99.0%, you will be eligible for a 10% Service Credit of the Service fee for the applicable month.
(ii) For Uptime Percentage less than 99.0%, you will be eligible for a 20% Service Credit.
(iii) The Service Fee shall be the total service fee paid divided by the number of months of subscription to the service during a Term.
(iv) SCW shall provide the Service Credit to the Customer in the month following the Service Period in which the Service
Level Failure occurred.
4.3. Maintenance Windows
(a) The provisions for scheduled maintenance are as follows :
(b) Unplanned maintenance including corrective actions to be taken by SCW to resolve an incident
4.4. Service Level Exclusions
The parties agree that the Service Levels shall not apply if one or more of the following exists:
(a) Suspension of the Service to carry out planned or routine maintenance.
(b) Adverse impact on Up Times or Response Times due to the malfunction of Customer-owned or controlled firewalls, networks, or connectivity.
(c) Adverse impact on Up Times or Response Times due to a Force Majeure event(s)
(a) SCW shall take a backup of all Customer data:-
(i) Incremental Backup: Every Minute, retained for 24 hours
(ii) Full backup: Every 6 hours, retained for 2 calendar days.
(iii) Full backup: Every day retained for 7 calendar days.
(iv) Full backup: Every week retained for 4 calendar weeks.
(v) Full backup: Every month retained for 13 months.
(b) Such backup shall be stored at a separate, secure, location to the production environment.
(c) Backup data shall only be used for resolving incidents in the SCW Platform. Backup data is not intended to be used (and in most cases won't be able to be used) to recover data accidentally deleted by Customer. Accidentally deleted data does not classify as an incident.