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Agmt20 Accela, Inc.
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Agmt20 Accela, Inc.
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Last modified
8/20/2021 9:26:58 AM
Creation date
2/13/2020 11:42:32 AM
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Template:
Agreement
Contractor Name
Accela, Inc.
PROJECT NAME
Accela Master Software As A Service (SaaS) Agreement 7-1-2019 to 6-30-2021
RMP File Number
304.5
Date
2/10/2020
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EXHIBIT A <br />AVAILABILITY AND SECURITY <br />Service Availability: <br />Accela will use commercially reasonable efforts to (a) provide bandwidth sufficient for Customer's use of the <br />Subscription Services provided hereunder and in an applicable Order Form and (b) operate and manage the <br />Subscription Services with a ninety-nine and one-half percent (99.5%) uptime goal (the "Availability SLA"), <br />excluding situations identified as "Excluded" below. <br />"Excluded" means any outage that results from any of the following: <br />a. Any maintenance performed by Accela during Accela's standard maintenance windows. Accela will <br />notify Customer within forty-eight (48) hours of any standard maintenance and within twenty-four <br />(24) hours for other non-standard emergency maintenance (collectively referred to herein as <br />"Scheduled Maintenance"). <br />b. Customer's information content or application programming, or the acts or omissions of Customer <br />or its agents, including, without limitation, the following: <br />1. Customer's use of any programs not supplied by Accela; <br />2. Customer's failure to provide Accela with reasonable advance prior notice of any pending <br />unusual large deployments of new nodes (i.e., adding over ten (10) percent total nodes in <br />less than twenty-four (24) hours); <br />3. Customer's implementation of any significant configuration changes, including changes that <br />lead to a greater than thirty percent (30%) change in a one week period or greater than fifty <br />percent (50%) change in a one month period in the number of key objects in the system <br />including but not limited to metrics, snapshots, nodes, events and business transactions; and <br />4. Any mis-configu ration by Customer (as determined in Accela's sole discretion), including, <br />without limitation, configuration errors and bad or unintended usage of the Subscription <br />Services. <br />5. Force majeure or other circumstances beyond Accela's reasonable control that could not be <br />avoided by its exercise of due care. <br />d. Failures of the Internet backbone itself and the network by which Customer connects to the <br />Internet backbone or any other network unavailability. <br />e. Any window of time when Customer agrees that Subscription Services availability/unavailability <br />will not be monitored or counted. <br />f. Any problems resulting from Customer combining or merging the Subscription Services with any <br />hardware or software not supplied by Accela or not identified by Accela in the Specifications as being <br />compatible with the Subscription Services. <br />g. Interruptions or delays in providing the Subscription Services resulting from telecommunication or <br />Internet service provider failures. <br />REV: 02-10-20 PR <br />ATTY/AGR.2020.022/Accela, inc. (Page 13 of 18) <br />
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