Attachment A

Casebook PBC Service Level Agreement for Casebook Services and Casebook Platform Services

  • Definitions for Attachment A

Note:   Capitalized terms used but not defined in this Attachment A, Section 1, shall have the same meanings as those defined terms included in Section 32 of the Terms of Service.

1.1 Availability” means the ability of the Services in a production environment to be ready for End Users to access. Availability measures exclude unavailability of the Services during Scheduled Maintenance or Unscheduled Maintenance Downtime, or resulting from a User-Generated Error or Force Majeure Event. Availability commitment by Casebook PBC across all Subscription Levels is 99.9%. 

 

1.2 “Business Day” means each of Monday, Tuesday, Wednesday, Thursday, and Friday, but not including (a) weekend days of Saturday and Sunday, (b) U.S. Federal holidays, and (c) state holidays recognized by Casebook PBC or by the Customer.

 

1.3 “Business Hour” 8am to 5pm Central Standard Time during a Business Day.  

 

1.4 “Casebook PBC Incident Responsibility” refers to Casebook PBC’s responsibility only for Incidents within Casebook PBC’s control, as described in Table 1 of Section 3, below. “Enterprise Level 3 Help Desk” is another term for the support that Casebook PBC provides in response to these Incidents.

1.5 “Defect” means a problem within the Casebook PBC applications in a production environment and accessed through the Services, and/or a problem within those portions of software integrations in a production environment within Casebook PBC’s control, that causes End Users on Supported Browsers (or updated Services applications on mobile devices) to not be able to use the Services in one or more material respects. An updated list of what constitutes a material aspect of the Services will be included in the Casebook PBC “Knowledge Base.”

1.6 “Downtime” means unanticipated unavailability of the Services as a whole in a production environment for any period of time greater than five (5) continuous minutes in a production environment due to a technical error, outage or other problem, where such problem is a result of Casebook PBC’s failure to perform its obligations under the Agreement, but excluding unavailability of the Services during Scheduled Maintenance or Unscheduled Maintenance Downtime, or resulting from a User-Generated Error or Force Majeure Event.  

1.7 “Incident” means a Severity Level A, B, or C Incident, each as further described in Table 1 below. Incidents are reported by Customer to Casebook PBC via a Support Ticket, using the provided web-based ticketing system. Upon examination by Casebook PBC, some reported Incidents may be deemed non-Incidents not suitable for resolution under this SLA.

1.8 “Incident Resolution” means a code fix, patch, or other modification or addition that resolves an Incident. Incident Resolution occurs once a code fix, patch, or other modification or addition that resolves an Incident has been created and tested as acceptable by Casebook PBC and is ready to be deployed or otherwise implemented.

1.9 Knowledge Base” refers to an online repository of information about the Services, provided by Casebook PBC to the Customer, and includes specifications about Services, including what constitutes the essential or material aspects of a Service. 

1.10 “Scheduled Maintenance” means occasional maintenance to allow Casebook PBC to add resources, upgrade software, install security patches and perform other maintenance activities. Scheduled Maintenance will occur during  standard, pre-selected times, as indicated in the release schedule provided by Casebook PBC. 

1.11 “Service Levels” means those service levels set forth in Table 1 below.

1.12 “Subscription Level” means the tier or level of Services that a Customer has purchased, as specified in the applicable Order Confirmation. These Subscription Levels include Free, Prime, Premium and Pro.

1.13 “Support Ticket” refers to a report generated by a Customer regarding an Incident or suspected Incident that the Customer believes is within Casebook PBC’s Incident Responsibility, using Casebook PBC’s web-based ticketing system, that is then sent to Casebook PBC for consideration and, as appropriate, response and resolution.

1.14 “Supported Browsers” refers to those browser types and versions that are compatible with the Services, as identified by Casebook PBC from time-to-time (including via email, in the documentation and/or on Casebook PBC’s website).  

1.15 “Unscheduled Maintenance” is maintenance that is conducted outside of the pre-selected Scheduled Maintenance timeframes identified by Casebook PBC, during which Casebook PBC can address identified urgent issues such as emergency fixes or security risks. Casebook PBC will, to the extent practicable given the nature and severity of the issue (as determined by Casebook PBC, in its sole discretion), use commercially reasonable efforts to give reasonable prior notice (including via email) of Unscheduled Maintenance to the Customer’s primary or technical contacts, identifying if such Unscheduled Maintenance may create an unavailability of Services. While not common, such Unscheduled Maintenance may involve unavailability of the Services, but such downtime to address urgent matters will not be considered Downtime for the purposes of calculating Availability.

1.16 “User-Generated Error” means any (a) alteration or modification to the Services not made by Casebook PBC or a party expressly authorized by Casebook PBC to make such alteration or modification; (b) any combination of the Services with any unauthorized, third-party hardware, software or devices; (c) any interaction, or attempt to interact, with and/or insert, update, or delete data that does not comply with the applicable API specifications and call validations; (d) use of the Services other than as expressly permitted in the Agreement (including use of an outdated or deprecated version of the Service); (e) any unavailability of the Services, or any part thereof, resulting from the Customer’s, its End Users’ or Portal Users’ acts or omissions (including when a Customer or Customer End User fails to update a mobile application within the specified time period communicated by Casebook PBC in regards to a Major Update); or (f) any access to or use of the Services by any individual or entity other than Customer or its End Users and/or Portal Users.  

Customer Responsibilities 

2.1  The Customer shall be responsible for resolving non-Casebook PBC Incident Responsibility issues (Casebook PBC Incident Responsibility is defined in Table 1 of Section 3), including, but not limited to, User-Generated Errors, issues related to password resets; training; connectivity issues; hardware and/or non-Services-related software issues; functionality developed by the Customer’s technical staff; and problems involving hardware, software, and/or network connectivity required to support the Services and related modules, interfaces, middleware, and data owned by the Customer or otherwise not supplied by Casebook PBC. Before submitting an incident or issue to Casebook PBC, the Customer should verify that the incident or issue can be replicated, and should only escalate incidents and issues that the Customer cannot reasonably remedy. Such Casebook PBC Incident Responsibility issues and incidents shall be reported to Casebook PBC via a support ticket using Casebook PBC’s web-based ticketing system (each, a “Support Ticket“). Additional information about how to submit a Support Ticket will be included in the Knowledge Base, and the Casebook PBC Customer Engagement team is available to answer Customer questions regarding how to use the web-based ticketing system. Casebook PBC will respond to Support Tickets as detailed in Section 3, below. 

Casebook PBC Incident Responsibilities

3.1 Customer’s Duty to Supply Sufficient Information.  Casebook PBC is responsible for assessment of all Incidents and other issues appropriately raised to Casebook PBC by the Customer in accordance with the procedures described in Section 2 above. The Customer shall promptly log all such Incidents and other issues via Casebook PBC’s web-based ticketing system as described in Section 3.2(a) below. In the case of Downtime, Casebook PBC will notify the Customer via email of any updates (for Custom Premium, additional communication responsibilities may be applicable). The Customer may designate technical contacts to respond to any Casebook PBC questions about Support Tickets and Incidents, and if Customer does not designate technical contacts, Casebook PBC may reach out to the party that submitted the Support Ticket with their questions and other requests regarding any reported Incident. If a Customer representative is not available to answer questions about Support Tickets and Incidents, Casebook PBC may not be able to accurately access the Incident or create an Incident Resolution, and as a result, will not be able to conform to the response times listed in Table 1. 

3.2 Incident Management.

(a) Support Ticketing. Prior to opening a Support Ticket in Casebook PBC’s web­-based ticketing system, the Customer will make best efforts to have:

   (i) a detailed description of the Incident; and

   (ii) a detailed description of any actions taken to produce and/or remedy each Incident or other issue identified in the            Support Ticket.

(b) Severity Level Classification.  Upon receipt of a Support Ticket, Casebook PBC will review and classify the severity level of each Incident or other issue identified therein in accordance with the definitions set forth herein. If it arises that the Customer disagrees with a severity level classification, the Customer may direct questions to the Casebook Customer Engagement lead contact. The Casebook Customer Engagement lead contact may be reached at customerengagement@casebook.net. Review may result in a Support Ticket being deemed a non-incident and possibly sent back to the Customer. 

(c) Temporary Remedies / Workarounds. If Casebook PBC implements an agreed-upon temporary remedy or workaround, then the severity level of the incident will be reduced accordingly.

Table 1

Severity Level Description Service Level by Subscription Level*
A For all Subscription Levels, a Severity Level A Incident is when Downtime (a system outage) is experienced. For Prime, Premium and Pro Subscription Levels, Casebook PBC will respond to Security Level A Support Tickets within one hour (during Business Hours) and three hours (during non-Business Hours).

After the initial response and before Incident Resolution, Casebook PBC will communicate with Customer End Users to notify them of the timing of the anticipated Incident Resolution that will allow the affected Services to be restored to an active and functioning state, and any further updates to those timelines. __________________________________________

For the Free Subscription Level, Casebook PBC will respond to Security Level A Support Tickets, but does not guarantee an initial response time.

B For Free, Prime and Premium Subscription Levels, a Severity Level B Incident is when a Defect occurs that impacts services and there are no available workarounds.

For the Pro Subscription Level, a Severity Level B Incident is when a Defect occurs that impacts services.

For the Pro Subscription Level, Casebook PBC will respond to Security Level B Support Tickets within 1 Business Day. Casebook PBC will analyze the reported issue, determine if the issue is critical, and prioritize resolution work, as appropriate.

__________________________________________

For the Premium Subscription Level, Casebook PBC will respond to Security Level B Support Tickets within 1 Business Day (during Business Hours). Casebook PBC will analyze the reported issue, determine if the issue is critical, and prioritize resolution work, as appropriate.

 __________________________________________

For the Prime Support Subscription Level,  Casebook PBC will respond to Security Level B Support Tickets.

 __________________________________________

For the Free Support Subscription Level, Casebook PBC will respond to Security Level B Support Tickets. 

C For all Subscription Levels, a Severity Level C Incident is when a minor issue requiring action but not impacting Customer or Customer End User ability to use the Services is encountered. For the Pro Subscription Level, Casebook PBC will respond to Security Level C Support Tickets within two (2) Business Days. Casebook PBC will analyze the reported issue and prioritize and track potential resolution internally.  

If Casebook PBC determines that the issue raised does not impact End Users’ ability to perform work, Casebook PBC may notify the Customer that the issue isn’t suitable for resolution under the SLA.

__________________________________________

For the Premium Subscription Level, Casebook PBC will respond to Security Level C Support Tickets within two (2) Business Days. Casebook PBC will analyze the reported issue and prioritize and track potential resolution internally.  

If Casebook PBC determines that the issue raised does not impact End Users’ ability to perform work, Casebook PBC may notify the Customer that the issue isn’t suitable for resolution under the SLA.

__________________________________________

For the Prime Subscription Level,  Casebook PBC will respond to Security Level C Support Tickets.

________________________________

For the Free Subscription Level, Casebook PBC will respond to Security Level C Support Tickets.  

(d) Closing Tickets. Upon identification of an appropriate resolution, the ticket may be closed by either party.

(e) Notwithstanding the foregoing or anything else to the contrary in the Agreement, Casebook PBC shall be excused from any failure to comply with its obligations under this SLA, if such failure is caused by any of the following:

(i) the Customer’s breach of the Agreement; 

(ii) a User-Generated Error; 

(iii) a Force Majeure Event;

(iv) Scheduled Maintenance; or

(v) Unscheduled Maintenance.

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