Service Level Agreement Maintenance - Platform Care

Last Updated: May 1, 2020

1. Agreement

This Service Level Agreement (“SLA”) applies to CodeisCode Marketing & Consulting LLC (“CodeisCode”, “we”, or “us” or “Provider”) customers with active Platform Maintenance Service Subscriptions – Platform Care to CodeisCode’s Services (each, a “you”, “Customer”).

This SLA, together with the terms of the Terms of Service Agreement, constitutes a separate contract that will be effective as of the date the customer accepts the Terms of Services Agreement and shall continue in full force and effect until the completion or termination of the Services.

If any terms of this SLA conflict with the Terms of the Service Agreement, the terms of the Service Agreement shall take precedence. All terms as stated in the Terms of Services Agreement, not in conflict with this SLA are incorporated herein as though fully stated.

This SLA amends the Terms of Service Agreement, between CodeisCode and you the Customer and addresses the guarantees in relation to the Services we provide to you and your remedies for our failure to meet such guarantees. The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein. We may update this SLA from time to time at our sole discretion.

For its Customers, CodeisCode will provide the following service levels for the Services as set forth below.

2. The Plan

This SLA governs the eLearning Platform Maintenance – Platform Care support services provided to you by CodeisCode under the below-mentioned plans (each referred to herein as the “Plan”) for CodeisCode’s eLearnCommerce System.

The terms of the Plan apply the same whether paid for on a yearly basis (“Yearly Pay Plan”) or a monthly basis (“Monthly Pay Plan”) unless otherwise noted. Your Plan may be paid by you or a third party who finances or otherwise pays for your Plan (a “Plan Payment Provider”).

Platform Care Starter Plan – Bronze
Platform Care Basic Plan – Silver
Platform Care Basic Plan – Gold
Platform Care Basic Plan – Platinum
Platform Care Basic Plan – Centurion

View Plans and Prices here

3. Definitions

Except as provided in this SLA, capitalized terms shall have the meanings set forth in the body of the Agreement. The following terms, when used in this SLA, shall have the following meanings:

3.1 “Maintenance” shall mean the actions taken on a day-to-day basis to preserve the condition of the eLearning Platform as it was delivered at the completion of the eLearning construction project.

3.2 “Services” has the meaning described in the underlying Agreement.

3.3 “Plan” has the meaning described in the underlying Agreement.

4. Service Availability

CodeisCode will use commercially reasonable efforts to make the Services available according to your Plan (“Service Availability Commitment”), as stated in Schedule A of the terms of Services Agreement. (Insert Terms of Services URL)

You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to CodeisCode.

We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of CodeisCode.

View Response Times for each Plan: (Insert Platform Maintenance Plans and Pricing URL)

MORE on Response Times:

We’ll respond to general requests within your SLA response time with our estimated hours for completion. If required, for new tasks, we’ll contact you within your SLA response time to schedule an appointment so we can determine your requirements and provide an estimate. Service and Support requests will be placed within a work queue based on the SLA response times attached to the Plan you’ve purchased.

5. When Your Plan Begins and Ends

Your Plan begins when you purchase the Plan and ends on the date specified in your Plan Confirmation, plan conditions or when you cancel the Plan as set forth in the Terms of Services Agreement. (Insert Terms of Services URL)

6. Plan Usage and Rollover Time

6.1 Plan usage – Please be aware that by posting a request in our support center, you’ll be initiating the use of your maintenance plan’s hours. If your website maintenance plan’s hours have been exhausted for the month, then you’ll be billed at an hourly rate of 90 USD, based on your current maintenance plan. Only support requests related to rare server outages or basic sales inquiries will be exempt from this rule.

6.2 You can upgrade or downgrade between any two plans with a 30 day notice period.

6.3 Only Platform Care Platinum and Centurion plans come with 50% Rollover Time.

– 50% of the Unused number of hours from what is allotted to you in a month gets rolled over to the next month automatically.

– Maximum numbers of unused hours that can be rolled over to the next month are limited to 50% of your assigned monthly hours.

– Rolled over unused hours in any given month can be rolled over only once. If the hours remain unused after the first rollover they expire.

– If you change from one plan to another plan, any accumulated Rollover Time in excess of the new plan’s allotted maximum will expire upon such change.

– In the event of cancellation, your Rollover Time, if any, is lost indefinitely.

– Rollover Time is not redeemable for cash or credit and is not transferable.

7. What is included?

– Delegation and Execution of Implementation Tasks like extend, reconfigure or optimize a Platform by working within the current set of features such as Learner Enrollment Process Design, Content Architecture Development, Content Access Rules Configuration,
Platform Architecture Optimization, Customer Journey Setup, Learning Journey Setup, Members Portal Setup, Systems Testing Cycle Management, All Modules, and Features activation.

– Delegation and Execution of General Tasks related to products, your sales process, or your learning Journey such as Backups, Adding or Migrating Content, Learning Experience Gamification, Content Loss Prevention Measures,
Inviting new Learners, Supporting your Support Team, Registration Process Setup, Reduce the risk of downtime, Prevent Site Hacking.

– Delegation and Execution of Technical Tasks such as Third Party Conflicts Resolution, Pre-release Version upgrades, Troubleshoot and resolve all issues, Third-Party Systems Integration, Platform Migrations, Users Import, Administration of all Systems, Frontend Customizations, Custom Development tasks​.

– Day to Day care to preserve the working condition of the eLearning Platform as it was delivered or produced at the moment of completion of your eLearning construction project. This includes maintenance and monitoring of all built-in Sales Processes, Membership Upgrade Processes, Learning Journeys the Content Architecture, and all
parts the eLearning Platform is composed of.

– High Priority Bugs Troubleshooting, investigation, resolution, and advanced technical support.

– Preventive Tasks which includes the continuous revision and improvement of the eLearnCommerce software and, as a consequence, the potential application of patches.

– Automatic Version Updates of all components of the eLearnCommerce Software.

– Plugin conflict resolution includes module conflicts and other issues.

– Installation of new themes, plugins, modules includes adding new features and capabilities to the eLearning Platform. (Does not include the custom development of new features)

– Backing up of the Platform, all platform-related files, and databases including restoring of the files and database backups.

– Organization and Execution of Hosting and/or Server Migration and Upgrades.

– Configuring a separate development environment or staging environment.

– Platform Growth Strategy Sessions with an eLearning Platform Expert.

– Managing domain settings.

– Updating or adding site content.

– Upgrading, inviting, and migrating Users.

– Platform and Content Migrations.

– Stylesheet Changes and Updates.

8. What is not included?

– Execution of Projects that require additional time not covered by the hours in your maintenance plan. For example, if you have a project that is estimated to take six hours and you only have two hours left in your maintenance plan that month, you can only use two hours.

If you wish to move forward with the project, the remaining four hours will be invoiced separately prior to the delivery of the result.

– You cannot spread out a project over multiple months in order to use your maintenance plan’s hours for a large project.

9. Reporting, Task Delegation, and Extra Usage

Your account manager will inform you the moment you delegate the task how long it will take to perform any given task.

Once the task has been performed and completed an entry and quick task summary is made into a shared calendar you have access to.

You will be charged at an hourly rate of 90 USD per hour for the additional usage (applicable to your plan) if you use our services for more than your allocated monthly hours included in your plan in any month.

10. How to Obtain Service and Support?

You may obtain maintenance services and support by submitting a Support Ticket on the ECA (eLearnCommerce Academy) Service Delivery Portal, through a project Management application (if included in your Plan), through direct and immediate contact to your Account Manager. (if included in your Plan).

11. Sole Remedy.

This Service Level Agreement sets forth the Customer’s sole and exclusive remedy for CodeisCode’s failure to meet the Service Availability Commitment.

12. No Other Modification.

Except as expressly provided herein, the Underlying Agreement remains unmodified in all respects and in full force and effect. This Service Level Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any disputes arising out of this Service Level Agreement shall be resolved in accordance with the terms of the Underlying Agreement. CodeisCode may amend this Service Level Agreement from time to time at its sole discretion.

13. Your Responsibilities

Ensure that your personnel has sufficient training to attain and maintain competence in the operation of the Products and eLearnCommerce Systems.

Ensure that all service and support requests are posted in a support ticket in the ECA Project Management Portal/Support Center.

Respond to requests for information, including but not limited to any error messages displayed, actions taken before that led you to experience the issue, and steps taken to resolve the issue;

Delegate all Platform related tasks to your ECA Project Manager and refrain from making any settings or installing any solutions without having communicated with your Project Manager about your intentions and goals.

14. Cancellation

You may cancel the Plan at any time within the Plan’s term. If you have received service and support, the Plan will continue in accordance with these Terms and Conditions.

15. Transfer of Plan

Your plan cannot be transferred.