OLAS
Operating Level Objectives (OLOs) are performance targets that we set to guide the quality, reliability, and responsiveness of the services we provide.
We are fully committed to meeting the operating level objectives outlined in this agreement and will make every reasonable effort to achieve them. However, these objectives are intended as performance goals and not guarantees. While we strive to meet or exceed these targets, no financial penalties or service credits will apply if they are not met.
1 Service Requests
Making Service Requests: The Customer may make service requests in respect of any Incident as follows:
Service request logging procedure |
Support Incidents may be requested via chat, phone or email. ModernIT.help is the best place to get support. |
Business Hours |
5 am to 5 pm PST, Monday through Friday excluding USA public holidays |
Support Methods |
Chat support is the best way to reach us and is available outside of business hours. Phone support is available during business. Emails to help@modernit.com are the slowest and least efficient way of communicating and scheduling support, so it’s best to use it for non-urgent requests that are not time sensitive and require limited interaction. |
Emergency Support |
Chat is always the best place to start, but if an engineer is unavailable during an outage and you need to speak to someone, you can reach us 24/7 by pressing option 1 when you call us afterhours to be routed to our oncall team. |
Authorized Contacts |
All client staff are authorized to request service for Modern IT Managed Service clients. |
Customer obligations |
Provide information about the severity and impact of the issue so expectations can be understood and met, along with relevant issue details, screenshots and assistance as needed to provide immediate remote support. |
2 Third party involvement
The Customer acknowledges that the Supplier may need to work with third parties to resolve an Incident, and the Customer agrees to the Supplier doing so, subject to the position on additional charges in section 3 below.
Customer’s support agreements with other vendors: The Customer must maintain current support agreements with all relevant third parties. Where required to resolve an Incident, the Supplier will liaise with the Customer and either work with or hand over the Incident to the relevant third party. On handover, the timing in the Operating Levels ceases to apply.
3 Additional charges
Requests for Assistance: the pricing for the Managed Service in Part 5 of the Statement of Work (‘Pricing and Payment’) includes support for Incidents. It does not include support services for Requests for Changes, and additional charges may apply for services provided with Requests for Changes. The Supplier will provide an estimate for services provided concerning Requests for Changes for approval by the Customer before proceeding.
Third-party vendors or third-party products/services: Where the Supplier needs to engage the services of a third-party vendor or purchase a third-party product or service to resolve an Incident, an additional charge may apply. The Supplier will provide an estimate of these additional costs for approval by the Customer before incurring the cost, provided that the Customer will not unreasonably withhold approval.
4 Exclusions
The support available under this Appendix does not include services for any issues for Exception Factors, including any issues that, in the Supplier’s reasonable opinion, are due to an Exception Factor as detailed in the Modern IT Managed Services Agreement.
The Supplier may, at its sole discretion, agree to assist with resolving issues of the type described in this section 4, and if and when it does so, the Supplier accepts no responsibility for resolving the issue, and the Operating Levels in section 5 below do not apply. The Supplier may charge the Customer its standard rates for professional services for undertaking any work described in this clause 4, regardless of whether or not the issue is resolved by that work.
5 Operating Level Objectives
The response times and target remedy times are within Business Hours only unless expressly agreed otherwise by the Supplier in writing. Timing ends on escalation to third-party support.
After Hours:
- The Supplier provides After Hours service for Priority 1 (P1) and Priority 2 (P2) issues only (the response times and target remedy times apply After Hours for P1 and P2 only);
- The Supplier provides After Hours service for Priority 1 (P1) and Priority 2 (P2) issues only via a phone and an OnCall Engineer.
Priority |
Priority definition |
Response time |
Target remedy time |
Priority 1 |
This represents a critical situation where the entire business operation or a crucial system is completely down, causing a significant financial impact. The client’s ability to function is entirely halted. |
30 mins |
2 hours |
Priority 2 |
This involves a major disruption affecting a key component of the client’s operations. While some business functions can continue, the issue presents a substantial problem that needs prompt attention. |
1 hour |
4 hours |
Priority 3 |
The core business operations remain unaffected, but the issue impacts the efficiency of one or more individuals. This level of priority addresses problems that hinder optimal productivity. |
4 hours |
2 Working Days |
Priority 4 |
This covers issues that are inconvenient or annoying but do not prevent the use of a workaround or alternative solution. These issues do not critically impact business operations. |
8 hours |
10 Working Days |
6 Operating Level exclusions
Where any Exception Factors, as noted in Modern IT Managed Services Agreement, apply, the Operating Levels do not apply.
7 After Hours Rates
The rate card for services not covered by an agreement can be found here: Modern IT Rates
GDPR Disclosure:
If you answered “yes” to the question Does your website comply with the General Data Protection Regulation (“GDPR”)? then the Privacy Policy above includes language that is meant to account for such compliance.
Nevertheless, in order to be fully compliant with GDPR regulations your company must fulfill other requirements such as:
- doing an assessment of data processing activities to improve security;
- have a data processing
- agreement with any third party vendors;
- appoint a data protection officer for the company to monitor GDPR compliance;
- designate a representative based in the EU under certain circumstances; and
- have a protocol in place to handle a potential data breach.
For more details on how to make sure your company is fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any GDPR compliance issues.
COPPA Compliance Disclosure:
This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not knowingly collect personal identifiable information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations which could lead to law enforcement actions, including civil penalties.
In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as:
posting a privacy policy which describes not only your practices, but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks;
- include a prominent link to your privacy policy anywhere you collect personal information from children;
- include a description of parental rights (e.g. that you won’t require a child to disclose more information than is reasonably necessary, that they can review their child’s personal information, direct you to delete it, and refuse to allow any further collection or use of the child’s information, and the procedures to exercise their rights);
- give parents “direct notice” of your information practices before collecting information from their children; and
- obtain the parents’ “verifiable consent” before collecting, using or disclosing personal information from a child.
For more information on the definition of these terms and how to make sure your website or online service is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online- privacy-protection-rule-six-step-compliance. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with COPPA and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance issues.