SERVICE LEVEL AGREEMENTS
(“SLA”)

Last modified: 23 March 2021

Agreements for Level 1, Level 2 and Regular Bug Support, Web Applications. Data Accessibility, API Access, Service and Mobile Apps Accessibility.

1. General

This SLA forms a part of the Agreement entered into with KYC. This SLA applies to the Solution (the “Service”) but does not apply to separately branded services made available with or connected to the Service or to any on-premises software that is part of any Service.

If we do not achieve and maintain the Service Levels for the Service as described in this SLA, then you may be eligible for a credit towards a portion of your monthly service fees. 

We will provide at least ninety (90) days’ notice for adverse material changes to this SLA.

2. Definitions

“Downtime” is the total accumulated minutes that are part of Maximum Available Minutes

“Maximum Available Minutes” is the total accumulated minutes during a billing month. Maximum Available Minutes is measured from when the Solution has been deployed and its associated roles have been started resultant from action initiated by the Customer or KYC to the time the Customer has initiated an action that would result in stopping or deleting the deployed solution. Excluding Maintenance and hotfixes deployments.

“Monthly Uptime Percentage” is calculated as Maximum Available Minutes Less Downtime divided by Maximum Available Minutes in a billing month for a given Contract. Monthly Uptime Percentage is represented by the following formula:

Monthly Uptime % = (Maximum Available Minutes-Downtime) / Maximum Available Minutes X 100

“Incident” a circumstance which causes or may cause a Downtime.

“Service Credit” is the percentage of the Applicable Monthly Service Fees credited to you following KYC claim approval.

“Service Level” means the performance metric(s) set forth in this SLA that KYC agrees to meet in the delivery of the Service.

“Service Resource” means an individual resource available for use within a Service.

“Success Code” means an indication that an operation has succeeded, such as an HTTP status code in the 2xx range.

“Support Window” refers to the period during which a Service feature or compatibility with a separate product or service is supported.

“Customer” as defined in the Agreement.

All other capitalized terms used, but not defined herein shall have the respective meanings ascribed to them in the Agreement.

3. Limitations

This SLA and any applicable Service Levels do not apply to any performance or availability issues:

  • due to factors outside our reasonable control (for example, natural disaster, epidemic, pandemic, war, acts of terrorism, riots, government action, or a network or device failure external to our data centres, including at your site or between your site and our data centre);
  • that result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
  • caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
  • during or with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us);
  • that result from your unauthorised action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
  • that result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
  • that result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
  • that result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behaviour;
  • due to your use of Service features that are outside of associated Support Windows;
  • for licenses reserved, but not paid for, at the time of the Incident;
  • due to 3rd party integration unavailability; or
  • due to registry unavailability.

4. Support

Channels

KYC offers two distinct channels for support contact: e-mail and phone (including Zoom).

During Business Hours, initial queries will be responded to with acknowledgement of the issue within two (2) hours.

Main Support Method: E-mail and Phone
Main Support E-mail: help@knowyourcustomer.com
Main Support Phones: HK +852 5808 2152, Dublin +353 1 960 9411

The time taken to address issues will vary depending on severity. Issues not immediately resolved are prioritized for incident resolution.

Incident Resolution

Incidents not resolved by Front Desk Support are prioritised in the 3 Levels below for immediate resolution.  Regular updates are provided to the Customer until the issue is resolved.

Level 1: System unavailability and critical business impact of issue

Maximum Resolution Time Examples
 

24hrs

  • Issues affecting the entire Solution or a single critical production function;
  • solution down or operating in materially degraded state; and
  • widespread access interruptions.

Level 2: Issue has moderate business impact 

Maximum Resolution Time Examples

72hrs

  • Customer unable to create a KYC Case
  • Jurisdiction failure
  • AML results missing
  • Solution timeout
  • Unable to view documents
  • Unable to generate report

Regular Bug: A regular bug occurring in a production environment but without urgent impact on business

Maximum Resolution Time Examples
Upon reporting of such a bug by the Customer, KYC shall determine: (1) whether the bug will be dealt with as soon as possible; or (2) as part of the next release version.
  • Issues with the date and time of the KYC Case
  • Registry documents unavailable for download
  • Images are not displayed correctly
  • IDs are not recognised
  • Cases are not scheduled for review
  • User cannot accept/dismiss changes for a case on Live Monitoring

Maintenance & Releases 

Maintenance and releases are performed outside of Business Hours on a Business Day.

Customers who will be impacted by a scheduled release will be notified up to 2 weeks in advance of the release date. Customers will be notified of the pending release via email 48 hours prior to a release and the release will be confirmed on the first Business Day following the release. All users of the platform must subscribe to the customer database to ensure all users are notified.

Notifications and Monitoring

Impacted customers will be notified of technical or third-party outages and will be notified once again when repairs/solutions are implemented.

5. Applications and Service

(a) Web Application
For the Cloud Web Application Service including the Virtual Compliance Desk and the End-user Upload Portal, we guarantee connectivity and accessibility to VCD or other Web Application contracted under the Agreement at least 99.5% of the time.

Monthly Uptime Percentage Service Credit
<99.5% 10%
<98% 20%
<90% 50%

(b) API
We guarantee that API Management Service instances running in the Standard Plan will respond to requests to perform operations at least 99% of the time using API Developer Portal or any Custom API endpoint under the SaaS agreement.

Monthly Uptime Percentage Service Credit
<99% 10%
<98% 20%
<90% 50%

6. Data and Storage

Data at rest Accessibility

We guarantee that at least ninety-nine per cent (99%) of the time, we will successfully process requests to read data from Read Access-Geo Redundant Storage (RA-GRS) in our Azure Accounts and make them available to Apps or through Backup.

Monthly Uptime Percentage Service Credit
<99% 10%
<98% 20%
<90% 50%

7. Disaster Recovery 

KYC will maintain a Business Continuity Plan (“BCP”) that covers the services provided to our Customers to ensure continued performance under this Agreement.  Under the BCP, KYC provides a target recovery time objective (‘RTO’) of 12 hours and a recovery point objective (‘RPO’) of 24 hours.