Service Level Agreement (SLA) - Evosus®, Inc.

Last updated November 10, 2022.

 

Evosus provides the industry leading Evosus Services and is pleased to support it with this Service Level Agreement (“SLA”). This SLA is between Evosus, Inc., (“Evosus”, “we”, or “us”) and you and/or your company (in each case, “you,” “your” or the “user”) when using the Evosus Services, which includes our Legacy Product, Legacy software and SaaS software (“Software”), our cloud-based applications (“SaaS”), evosus.com (“Site”), and related merchant products (“Products”). This SLA is a legally binding agreement between you and Evosus, and becomes immediately effective upon purchasing and completing your order for Evosus Services (the “Effective Date”). This SLA is located on the Site at www.evosus.com/sla.

 

Setting Expectations

It’s important to understand that technology is an ongoing investment, not a one-time cost. As systems, technologies, hardware, devices and the technology marketplace is in constant change, we encourage you to keep up with the changes. With that in mind, we will do our best to help you keep costs down, and make the best use of your technology investment dollars.

Evosus may modify the terms of this SLA at any time in our sole discretion, by posting an updated version of this SLA to the Site. We will notify you of any material changes, amendments, or modifications to this SLA through the Site or other communication. Your continued use of Evosus Services thereafter shall constitute your full acceptance of the updated SLA. If you do not agree and accept the updated SLA, you must cease use of all Evosus Services immediately.

 

Evosus Licensing

When you purchase Evosus Services from us, you are granted a limited license as defined in the Evosus End-User License Agreements (EULAs) to use our Software, Site and/or Products purchased solely for the purposes outlined in the applicable EULAs. In exchange, we provide you with guidance and education (“Education”), initial onboarding (“Professional Onboarding”) and ongoing Support that includes updates to Evosus Services, phone support, and 24x7 online access to the Evosus Support Center (“Support”), each of which are described in more detail below. Please note that Professional Onboarding, Education and Support are not included with a free version of Evosus Services.

 

Professional Onboarding

To ensure you can make transactions in Evosus as soon as possible, Evosus provides new clients with a one-time Professional Onboarding service, Evosus materials and guidance for applicable Evosus Services. Professional Onboarding is designed with a “train the trainer” methodology. Once you are live and taking transactions with our Software, we are no longer obligated to provide additional Professional Onboarding, but may do so if agreed up on in writing otherwise.

 

Support

Evosus Services that come with Support include:

  • Phone and email access to our Support team;
  • Searchable Knowledge Base Articles that empower you to find answers on your own and take appropriate action;
  • Access to an online community of other Evosus users (applies to Legacy Product only); and
  • Online access to your company’s case history, allowing you to check the status of any open questions or issues (applies to Legacy Product only).

Please note that publicly available Knowledge Base Articles are available for all Evosus Services. No other Support is provided for free versions of Evosus Services, including our Foundation product.

 

Fees

We provide you with the Evosus Services you purchase in exchange for the License Fee described in our Terms of Service and the applicable EULA. 

What is included in your License Fees?

  • Use of the Evosus Services you purchased, as described in the applicable EULA and our Terms of Service.
  • Access to our Software Support Specialists to triage, resolve, and escalate cases.
  • Access to our online Evosus Support Center, which includes:
    • Hundreds of Knowledge Base Articles (formerly known as Help Files);
    • Software release notes;
    • Option to create a new case (e.g., open a support ticket); and
    • Helpful content from Evosus users in our Community Discussion Boards.
  • Hosting and automatic software updates (applies to our SaaS Solutions only)
  • The latest updates from our continuous software development including:
    • new features (applies to our SaaS Solutions only);
    • improved features and functionality (applies to our SaaS Solutions only);
    • bug fixes (when possible); and
    • new products and services, if applicable.
  • After Hours Emergency Support for systems down situations. 

To learn more about License Fees, please see our Terms of Service and the EULA for the Evosus Services you purchased.

What's NOT included in your License Fees?

  • One-on-One training for your employees. When you have a new employee, or your staff just needs a refresher on Evosus, your best starting point is the Evosus Support Center at support.evosus.com, and to be trained by your other employees. In the event your new employee still requires one-on-one training, We may provide this service for an hourly fee, subject to our availability.
  • Automatic upgrades of our Legacy Product (Legacy Product upgrades require downloading and installation).
  • Diagnosis of errors resulting from erroneous data that’s entered in our Product.
  • Consulting for business best practices (we offer paid consulting, available at an hourly rate subject to our availability).
  • Support for Software errors or issues that cannot be replicated.

 

Contacting Evosus

To get help with your Evosus Services, you can contact us:

Online via the Evosus Support Center (support.evosus.com)

General questions should be submitted to the Evosus Support Center at support.evosus.com as a Support Case. You may create and submit a Support Case by going to support.evosus.com at any time. We encourage you to use The Evosus Support Center to submit your question which will go directly to our team of Software support specialists. Within one (1) hour of us receiving a successfully submitted Support Case, you should receive an email confirmation from us confirming receipt of your Support Case (“Email Confirmation”).



By Phone at (360) 735-9510 x2

You can reach Evosus by phone during Normal Business Hours at (360) 735-9510 x2. Please leave a detailed voicemail message with information about your question or topic. We will use your message to create a Support Case and provide a response.

Support Cases

You agree to submit all new Support Cases via the Evosus Support Center at support.evosus.com

We will only respond to Support Cases that include a detailed explanation of the Support Case, including but not limited to a statement of the issue(s), inquiry description, screen shots (if appropriate), the steps you took to get there, date and timeline of issue(s), and the solutions you already tried. We will not be able to respond to Support Cases submitted with generic requests such as: “help” or “stuck” or “error” or “call me.” You hereby acknowledge that we are under no obligation to repair, fix, update or correct any errors or disruptions in the Software. You further agree that Evosus is not responsible or obligated to change Software due to your change in business practices, policies or procedures.

Support Cases will be answered by our Tier 1 support team. Should an escalation be needed, the Support Case will be assigned to our Tier 2 support team. We will use our commercially best efforts to resolve your Support Case, but we cannot guarantee that we will be able to successfully and adequately fix, answer, correct, or help you in every circumstance.

 

Support Availability

Normal Business Hours

Normal Business Hours are:

  • Monday – Friday
  • 6:00am – 6:00pm Pacific Standard Time (PST)

Evosus is closed for major holidays including New Year’s Eve, New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day.

Emergency Support

Emergency Support is only available for system down situations where NO users can log into Evosus Services on any device (“System Down Situations”). System Down Situations are unlikely, but in the event of one, you may reach Us during these days and hours:

  • Monday - Friday 6am - 6pm PST
  • Saturday - Sunday 6am - 3pm PST
  • Emergency Contact Number: (360) 735-9510. Press 9 for Emergency Support.

Emergency Support is not available on New Year’s Day, Thanksgiving Day, Christmas Eve, or Christmas Day.

Network Support

This SLA applies to Evosus Services only, and does not include network support services (e.g., diagnosing server issues or internet connectivity issues). Network support should be handled by your IT consulting firm. 

Evosus may offer Network Consulting subject to our availability at the rate of $195.00 USD per hour (rate subject to change). To request Network Consulting, please open a Support Case at support.evosus.com

What Does “Supported by Evosus” Mean?

“Supported by Evosus” means that we will continue to test our newest versions (patches and major releases) including bug fixes and provide Support based on the Level of Severity as defined below. Evosus will not test, provide bug fixes, or provide Support on unsupported Evosus versions, OS, Office, or SQL versions.

Why Would Evosus End Support for Specific Evosus, Microsoft Office, OS, or SQL Versions?

Evosus is committed to delivering improvements and bug fixes in accordance with our Service Level Agreement. As new versions of SQL databases, operating systems, etc., are released, the complexity of supporting multiple version platforms grows significantly, making it difficult to provide the highest level of support to our users. For this reason, we may sometimes end Support for specific versions Evosus, Microsoft Office, OS and/or SQL versions, in our sole discretion.

 

LEGACY PRODUCT MAINTENANCE

This section applies only to clients using our Legacy Product. 

Maintaining Your Environment

You are responsible for keeping your environment, including server operating system, workstation operating system, Microsoft SQL and Microsoft Office, at or above Microsoft Mainstream Supported products.

Evosus Software version 

You are responsible for keeping your Evosus Software up to date. IF YOUR SOFTWARE VERSION IS MORE THAN TWO (2) VERSIONS OLD (LESS THAN V6.5 OF OUR LEGACY PRODUCT), WE ARE NOT REQUIRED TO PROVIDE SUPPORT TO YOU AFTER DECEMBER 31, 2021. FURTHERMORE, WE WILL NOT PROVIDE SUPPORT FOR ANY VERSION OF OUR LEGACY PRODUCT AFTER DECEMBER 31, 2024.

IF YOU PURCHASED EVOSUS MOBILE SERVICE (AN ADD-ON TO OUR LEGACY PRODUCT) LICENSES FROM US, WE ARE NOT REQUIRED TO PROVIDE SUPPORT TO YOU FOR EVOSUS MOBILE SERVICE IF YOUR VERSION OF EVOSUS MOBILE SERVICE IS MORE THAN TWO (2) VERSIONS OLD (LESS THAN V3). FURTHERMORE, WE WILL NOT PROVIDE SUPPORT FOR ANY VERSION OF EVOSUS MOBILE SERVICE AFTER DECEMBER 31, 2024.

Software Maintenance

During the term of this SLA, we shall provide you with access to the latest version of our Software, along with other generally available technical material. These materials, including the Software, may not be used to increase the licensed number of versions or copies of the Software. You agree not to use, sell, or transfer the prior version but to destroy or archive the prior version of the Software. All patches, bug fixes and releases shall be subject to the respective EULAs related to the Software.

 

SUPPORT PRIORITY

Evosus handles Support requests submitted via a Support Case as outlined below. We will keep you updated on your Support Case through in-application alerts, email and/or phone. We reserve the right to assign each Support Case received to a Level of Severity and prioritize Support Cases in our sole discretion. 

We care about each and every one of our clients and users, and we do our best to respond quickly and with quality information. Due to a high volume of users, we do not provide on-demand Support and we do not guarantee a hold-time for Support. When calling to request your Support Case status, please refer to the Support Case number provided at submission and located in the confirmation email.

Estimated Response Time 

(Not Guaranteed)

Level of Severity

Description

5

CRITICAL BUSINESS IMPACT

Customer is unable to use Software. Examples include:

  • SaaS Solution hosting outage
  • Database corruption and/or data loss

Updates every 2 business hours until resolved

4

SIGNIFICANT BUSINESS IMPACT

Important Software features are unavailable and there is NO known workaround. Examples include:

  • Software login screen unavailable
  • Software is running in a degraded capacity and is too slow to operate at normal internet speeds.

Updates every 1 business day until resolved

3

SOME BUSINESS IMPACT

Important Software features are unavailable, however there is a known workaround -or- non-essential Software features are unavailable with no known workaround. Examples include:

  • Service calendar and queues are unavailable
  • Warranty tracking feature is non-functional

Updates every 2 business days until resolved or diagnosed as a bug

2

MINIMAL OR NO BUSINESS IMPACT

Client submits a Support Case, software enhancement or documentation clarification that has no impact on productivity. Examples include:

  • “How do I process a warranty claim in Evosus?”
  • “I’d like to suggest that Evosus create a semi-monthly service calendar view.”

1 Business Day expected response time.

User can also explore Evosus Knowledge Base Articles for more information.

1

GENERAL INQUIRIES

All other issues that do not fall into previous categories. An example is:

  • Questions regarding 3rd party integrations with Evosus

Response time will vary on a case-by-case basis

Please note that issues related to 3rd party integrations are often outside of our control, and we cannot commit to an estimated response time for issues related to 3rd parties. We will make best efforts to resolve issues in a reasonable timeframe during Normal Business Hours. Some inquiries require testing and/or assistance from our subject matter experts (SME). To stay updated, please check the Support Case status in the Evosus Support Center. We will also notify you by email, phone and/or in-application alerts of a resolution and/or if a particular problem cannot be resolved.

Case Tracking and Reporting

Evosus has implemented a Case Tracking & Reporting System to track all Support Cases. Upon receipt, the Support Case is logged in our Case Tracking & Reporting System. An auto-generated response that includes the case number will then be emailed to you within one (1) hour of submission, as described above. If you do not receive a case number within one (1) hour of submitting your Support Case, please call us at 360-735-9510 x2.

It is important that you submit all Support Cases are reviewed through the Evosus Support Center so we can track, provide status updates, and resolve issues. Issues that are not reported as instructed in this SLA may not receive the proper attention or response times.

Please note that Case Tracking & Reporting System is not available for the following:

  • Third party products that We sell (such as PHTA education courses);
  • Services that We subcontract to a third parties (such as Evosus Hosting Service); and
  • Free versions of Evosus Services, such as our Foundation product.

The Case Tracking & Reporting System follows the following process:

  • We REVIEW - We will do our best to understand your inquiry, verify all important details like steps, screenshots of any error messages, troubleshooting steps that you have completed prior to submitting the Support Case. We then review all Support Case fields that you filled in and analyze the inquiry.
  • We RESEARCH - An Evosus support specialist will use tools such as the Evosus Knowledge Base, previous ticket resolutions, and speak with SMEs to provide resolution or next steps. If the Support Case is missing important details, we will request additional and specific information about the inquiry to further our efforts to provide an appropriate resolution, if any.
  • We RESOLVE - We seek to provide the best solution possible for you, and a fast and accurate resolution is Our goal. In terms of a response to resolve your Support Case, you can expect Evosus to:
    • Provide a concrete, direct answer via Knowledge Base article or the steps you need to take to resolve the issue.
    • Provide a workaround.
    • Identify errors. We do our best to provide quality, functional Software. However, you may sometimes experience a software bug (a/k/a error). In these situations, we capture the information and submit it to our team to be fixed as a priority item.
    • No resolution can be determined. If we cannot replicate or identify the issue, we will close out the Support Case with no next steps.
    • Enhance Request as needed. 
  • Enhancement Requests - An Enhancement Request is a new feature or process your would like to see implemented in Evosus Services that will improve efficiency or functionality. Evosus values your input and welcomes Enhancement Requests. Evosus will implement Enhancement Requests if we determine, in our sole discretion, that the Enhancement Request is appropriate and possible. We use a variety of criteria for reviewing Enhancement Requests, such as overall benefit to users, time to complete, best business practice, GAAP principles, industry need, and current development schedule. 

Not all Enhancement Requests received will be implemented. Evosus Services are licensed and used on an “as is” basis, and Evosus is under no obligation to make certain or requested changes. Evosus Services will continue to evolve, and future releases will be delivered according to the Terms of Service and / or as outlined in the respective EULAs. You hereby assign and agree to assign to us all right, title and interest in and do Enhancement Requests, and you agree to execute any documents or agreements deemed reasonably necessary by us to effectuate such assignment.

Unsupported Issues

Evosus does not provide Support where certain factors are present, such as: Evosus Services that have been altered, damaged, or modified;

  • Defects or errors caused by incorrect use of the Evosus Services;
  • Defects or errors caused by failure to implement reasonable solutions (which may include a work-around) as provided by us.
  • Evosus Services that are installed in a hardware or operating environment not supported by us.
  • Third party software not licensed through or supported by us. 
  • Defects or errors caused by any fault or error in the equipment, programs, applications or products used in conjunction with Evosus Services, or otherwise resulting from causes beyond the reasonable control of Evosus.

Evosus may opt to provide Support in these situations, however, we reserve the right to charge you additional fees and costs at current Evosus rates for such services.

 

PROFESSIONAL CONSULTING

Evosus provides Professional Consulting as a separate, billable service to resolve business processes and/or software issues not related to software functionality on a case-by-case basis and subject to availability. Professional Consulting is all about you, your business needs, and finding solutions to fit your unique challenges. These situations often require one-on-one appointments to resolve. Professional Consulting may be performed online or in-person. Examples of Professional Consulting services include:

  • New hire training.
  • Process training on software modules or features.
  • Business consulting and advising on best practices.
  • Implementing additional features or modules that were not included in original product setup.
  • Addressing complex issues that require clean up due to improper use or improper set-up of Evosus Services.

Additional information and options to purchase Professional Consulting is available through the LOU Store at https://lou.store/product-category/consulting-services/.