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The Hive Service Level Agreement

1. Definition:

Capitalized terms have the meanings given in the applicable Terms of Service. The following capitalized terms will have the definitions set forth below:

    1. “Force Majeure” means any act, event, or occurrence beyond TBC-ME reasonable control, including, without limitation, issues arising from bugs or other problems in the software, firmware or hardware of TBC-ME’s suppliers, widespread internet outages or issues with upstream providers or network carriers, acts of God, fires, floods, storms, landslides, epidemics, lightning, earthquakes, drought, blight, famine, pandemic, quarantine, blockade, governmental acts or inaction, orders or injunctions, war, insurrection or civil strife, sabotage, explosions, labor strikes, work stoppages, and acts of terror.

    2. “Normal Business Hours” means 9 a.m. to 5 p.m. Gulf Standard Time Monday through Friday excluding holidays.

    3. “Total Monthly Time” (TMT) means the total minutes in the relevant calendar quarter less Scheduled Downtime.

    4. “Scheduled Downtime” means unavailability of the Service due to ordinary maintenance which is communicated to Customer at least forty-eight (48) hours prior to such unavailability. If such maintenance or unavailability exceeds two hours in any calendar week or six hours in any calendar month, the overage amount will be considered Unscheduled Downtime.

    5. “Unscheduled Downtime” (UDT) means the total amount of time during any calendar quarter, measured in minutes, during which the Customer is not able to access the features and functions of the Service or unavailability other than resulting from:

          1. non-compliance by Customer with any provision of the Terms or this Service Level Agreement (“SLA”)
          2. Incompatibility of Customer’s equipment or software with the Service.
          3. Acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to the Service by means of Customer’s passwords or equipment.
          4. Network unavailability or Customer’s bandwidth limitations.
          5. Unavailability of a software integration due to circumstances beyond our reasonable control.
          6. Force Majeure.
          7. Scheduled Downtime.

    6. “System
      subtracting Unscheduled Downtime during such month from the Total Monthly Time, and thereafter dividing the difference so obtained by the Total Monthly Time. Represented algebraically, System Availability for any particular calendar month is determined as follows: System Availability = (TMT - UDT) TMT

2. System Performance:

    1. System Availability: TBC-ME will undertake commercially reasonable measures to ensure that System Availability equals or exceeds ninety-nine-point five percent (99.5%) during each calendar month (the “Service Standard”).

    2. Access to Support: Response Times: Customer may report Unscheduled Downtime at any time (“24x7x365”) by sending TBC-ME an e-mail to support@TBC-ME.com. During Normal Business Hours, TBC-ME will exercise commercially reasonable efforts to respond to reports of Unscheduled Downtime within 30 minutes of each such report.

 

3. Customer Requirements:

  1.  

Customer is responsible for maintenance and management of its computer network(s), servers, and independent software, and any equipment or services related to maintenance and management of the foregoing, including but not limited to continuous monitoring of Customer’s network and endpoints for malware, viruses, and intrusion. Customer is responsible for correctly configuring its systems in accordance with any instructions provided by TBC-ME, as may be necessary for provision of access to the features and functions of the Service.

4. Response Times:

TBC-ME strives to respond to and resolve issues in accordance with the Priority Levels set out below in the time periods described below, provided that classification of any problem among Priority Levels shall be reasonably in accordance with the definitions specified below which shall be determined by TBC- ME in its sole discretion:

Priority Level

Description

Example of the impact

1

The Service is down and cannot be accessed

The user cannot access or use any of its own content

2

The Service is running but substantial errors occur

The user can read most content on the Hive web app, but trying to perform a “write” action fails with an error

3

Errors in the Service affect users’ ability to benefit fully from the Service

The user can add conversation points to future 1:1s but can’t access their 1:1s from more than a month ago

4

The Service display some minor errors

The user finds The Hive to be slow to submit performance reviews or finds a minor visual bug that does not keep the user from performing their task at hand 

The following response and fix times shall apply to Customer within Normal Business hours:

Priority Level

Initial Response

Fix or Workaround

1

 Within 4 hours

Within 12 hours

2

Within 8 hours

Within 2 Business Days

3

Within One business day

Within 3 Business Days

4

Within 2 business days

Within 5 Business Days, unless otherwise indicated in response

To receive emergency assistance for Priority Level 1 issues, Customer should send an email to The Hive’s Support Services at support@tbc-me.com during normal business hours or email their dedicated Customer Success manager if outside business hours and indicate that Customer is having a Priority Level 1 issue. Upon receipt of such email, TBC-ME shall perform the following steps:

    1. TBC-ME's representative will assess the Priority Level of the issue based on the error description.
    2. In case the issue is categorised as Priority Level 1 issue, TBC-ME will use commercially reasonable efforts to provide Customer with regular updates, unless otherwise indicated in response, until he reported issue is resolved.
    3. If resolution cannot be reached within the target timeframe, TBC-ME will send a new estimated escalation, as well as in other cases where TBC-ME deems it necessary. 

The initial response will consist of:

    1. Suggested resolution to the problem
    2. A request for more detailed information or clarification, which will enable TBC-ME to determine the appropriate course of action, or
    3. Notification of the estimated time for providing the user with further information, resolution, or a workaround, as appropriate.