Service Level Agreement Ibm Maximo Asset Management (Saas) : 1. Definitions

Service Level Agreement
IBM Maximo Asset Management (SaaS)
IBM provides this Service Level Agreement ("SLA) to its IBM Maximo Asset Management (SaaS)
Customers subject to the following terms. The version of this SLA that is current at the commencement
or renewal of the term of your subscription will apply. You understand that this SLA does not constitute a
warranty to you.
1. Definitions
a. Authorized Contact means the individual you have specified to IBM who is authorized to submit
Claims under this SLA.
b. "Availability Credit" means the remedy IBM will provide for a validated Claim. The Availability Credit
will be applied in the form of a credit or discount against a future invoice of subscription charges for
the Service.
c. Claim means a claim submitted by your Authorized Contact to IBM pursuant to this SLA that a
Service Level has not been met during a Contracted Month.
d. "Contracted Month" means each full month during the term of the Service measured from 12:00
a.m. Eastern US time on the first day of the month through 11:59 p.m. Eastern US time on the last
day of the month.
e. Customer means an entity subscribing for the Service directly from IBM, which has entitlement for
use of the Service at the time of submitting a Claim, and which is not in default of any material
obligations, including payment obligations, under its contract with IBM for the Service.
f. Downtime means a period of time during which production system processing for the Service has
stopped and all of your users are unable to use all aspects of the Service for which they have
appropriate permissions. By way of clarification, there is no Downtime if any user can use any
aspect of the Service for which they have appropriate permissions. Downtime does not include the
period of time when the Service is not available as a result of:
Planned System Downtime
Force Majeure.
Problems with Customer or third party applications, integrations, equipment or data.
Customer or third party acts or omissions (including anyone gaining access to the Service by
means of your passwords or equipment).
Failure to adhere to required system configurations and supported platforms for accessing the
Service.
IBMs compliance with any designs, specifications, or instructions provided by Customer or a
third party on Customers behalf.
g. Event means a circumstance or set of circumstances taken together, resulting in a failure to meet
a Service Level.
h. Force Majeure means acts of God, terrorism, labor action, fire, flood, earthquake, riot, war,
governmental acts, orders or restrictions, viruses, denial of service attacks and other malicious
conduct, utility and network connectivity failures, or any other cause of Service unavailability that
was outside IBMs reasonable control.
i. Planned System Downtime means a scheduled outage of the Service for the purpose of service
maintenance or system updates, such as but not limited to, when a release, patch or hot fix is
applied.
j. Service means the IBM Maximo Asset Management (SaaS) production instance to which this SLA
applies, as shown on the first page of this SLA. This SLA applies to each Service individually and
not in combination.
k. Service Level means the standard set forth below by which IBM measures the level of service it
provides in this SLA.
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2. Availability Credits
In order to be eligible to submit a Claim you must have logged a support ticket for each Event with the
IBM customer support help desk for the applicable Service, in accordance with IBM procedure for
reporting Severity 1 support issues. You must provide all necessary detailed information about the Event,
including the time you were first impacted by the Event, and reasonably assist IBM with the diagnosis and
resolution of the Event to the extent required for Severity 1 support tickets. Such ticket must be logged
within twenty-four (24) hours of your first becoming aware that the Event has impacted your use of the
Service.
Your Authorized Contact must submit your Claim for an Availability Credit no later than three (3) business
days after the end of the Contracted Month which is the subject of the Claim.
Your Authorized Contact must provide to IBM all reasonable details regarding the Claim, including but not
limited to, detailed descriptions of all relevant Events and the Service Level claimed not to have been
met.
IBM will measure internally total combined Downtime during each Contracted Month. Availability Credits
will be based on the duration of the Downtime measured from the time you report that you were first
impacted by the Downtime. For each valid Claim, IBM will apply the highest applicable Availability Credit
corresponding to the total combined availability during each Contracted Month, based on the table below.
IBM will not be liable for multiple Availability Credits for the same Event in the same Contracted Month.
For Bundled Services (individual Services packaged and sold together for a single combined price), the
Availability Credit will be calculated based on the single combined monthly price for the Bundled Services,
and not the monthly subscription fee for each individual Services. You may only submit Claims related to
one individual Service in a bundle in any Contracted Month, and IBM will not be liable for Availability
Credits with respect to more than one Service in a bundle in any Contracted Month.
If you purchased the Service from a valid IBM reseller in a remarketing transaction in which IBM
maintains primary responsibility for fulfilling the Service and SLA commitments, then the Availability Credit
will be based on the then-current published Relationship Suggested Value Price (RSVP) for the Service in
effect for the Contracted Month which is the subject of a Claim, discounted at a rate of 50%.
The total Availability Credits awarded with respect to any Contracted Month shall not, under any
th
circumstance, exceed 10 percent (10%) of one twelfth (1/12 ) of the annual charge paid by you to IBM for
the Service.
IBM will use its reasonable judgment to validate Claims based on information available in IBMs records,
which will prevail in the event of a conflict with data in your records.
THE AVAILABILITY CREDITS PROVIDED TO YOU IN ACCORDANCE WITH THIS SLA ARE YOUR
SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM.
3. Service Levels Availability of Service during a Contracted Month
Availability during a Contracted Month Availability Credit

(% of Monthly Subscription Fee for Contracted Month
which is the subject of a Claim)
Less than 99.8% 2%
Less than 98.8% 5%
Less than 95.0% 10%
Availability percentage is calculated as: (a) the total number of minutes in a Contracted Month, minus (b)
the total number of minutes of Downtime in a Contracted Month, divided by (c) the total number of
minutes in a Contracted Month, with the resulting fraction expressed as a percentage.
Example: 432 minutes total Downtime during Contracted Month
SLA-MAM-02 (02/2014) Page 2 of 3

43,200 total minutes in a 30 day Contracted Month
- 432 minutes Downtime = 42,768 minutes
_________________________________________ = 2% Availability Credit for 99.0%
availability during the Contracted Month
43,200 total minutes in a 30 day Contracted Month
4. Exclusions
This SLA is made available only to IBM Customers. This SLA does not apply to the following:
Beta and trial Services.
Non-production instances, including but not limited to test, disaster recovery, training, Q&A, or
development.
Claims made by an IBM Customers users, guests, and participants of the Service.
Services, programs, enabling software or agents running on client systems or third party-provided
systems
If you have breached any material obligations under the Terms of Use, Acceptable Use Policy or
your contract for the Service, including without limitation, breach of any payment obligations.
SLA-MAM-02 (02/2014) Page 3 of 3

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Service Level Agreement

IBM Maximo Asset Management (SaaS)

SLA-MAM-02 (02/2014) Page 1 of 3

Availability during a Contracted Month Availability Credit

Less than 99.8% 2%

Less than 98.8% 5%

Less than 95.0% 10%

Example: 432 minutes total Downtime during Contracted Month

SLA-MAM-02 (02/2014) Page 2 of 3

SLA-MAM-02 (02/2014) Page 3 of 3

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