Service Level Agreement

Updated April 25, 2022

This Service Level Agreement (“SLA”) is a contract between the person or entity (“Customer”) using the Company’s Services and Stresshacker LLC d/b/a My Clinical Site (“Company”) and applies to Customer’s use of the Company’s Services. Customer must read, agree with and accept all of the terms and conditions contained in this SLA. The Company may amend this SLA at any time by posting a revised version on its website.

1. Services

For purposes of this SLA, the services to be provided by the Company (“Services”) are those services which Customer requested be supplied by the Company and for which Customer agreed to pay based on Customer’s clicking through the options on the Company’s website.

2. Technical Support

The Company provides Customer with technical support on setup of Customer’s account on one or more of the Company’s servers, access, and other server related issues to the primary technical contact free of charge. The Company does not provide support for web applications, third party software, scripts, or components from third parties or developed by Customer.

The Company’s servers are monitored 24 hours per day, 7 days per week, 365 days per year and support agents are available by email as posted in the support section of the Company’s website. Please send us a message or open a ticket with the full description of the problem and the Customer’s account name. Please do not send multiple messages on the same issue. Email issues must be addressed to the appropriate email account support@myclinicalsite.com, as specified in the support section of the Company’s website.

Response time (acknowledgment) is 1 (one) business day (24 hrs.) counted from the time the fault is first discovered by the Company or reported by the Customer. Service completion and restoration time will vary according to the nature and severity of the fault.

3. Billing and Other Account-Related Inquiries

All inquiries regarding the Company’s billing for its services must be addressed to administration@myclinicalsite.com

4. Escalation

If Customer is dissatisfied with the Company’s Services or if Customer is unable to resolve a technical support issue within the parameters outlined in this SLA, the issue may be escalated by email addressed to administration@myclinicalsite.com. The General Manager will review Customer’s concerns, investigate, and respond to Customer within one (1) business day. As issues may be complex or require extensive investigation, the foregoing response time does not imply that a resolution is guaranteed within one (1) business day.

5. Online Tools, Control Panel, and Server Management

Customer is provided with certain online tools, and the Company expects Customer to use these tools to perform all available account and server management tasks.

These tools, together with server management documentation and help, are available online at the support section of the Company’s website. If Customer experiences difficulty using these tools, the Company’s technical support personnel will help Customer learn how to use these tools. However, the Company’s technical support personnel shall not be expected to perform for Customer the tasks that can be done through the available tools.

6. Server Availability

The Company is fully committed to providing quality service to all customers. To support this commitment, the Company provides the following commitments and tools related to this SLA.

6.1 Application (Web) Server

(a) Availability. The Company provides a 99.9% monthly average of scheduled availability of its application (web) servers. Application (Web) Server availability is defined as Customer’s ability, via web browser, to retrieve the HTTP headers from a hosting server. The Company monitors the availability of individual web sites as well as the server(s) availability as a whole.

(b) Monitoring. To verify that the customer’s website is available, the Company will ping the HTTP service on the server by retrieving HTTP headers every 5 minutes with a 30-second threshold. If an HTTP service does not respond, the website is considered non-operational, and the failure is investigated.

In cases where two or more consecutive HTTP tests fail, the website downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 5 minutes in duration is not recorded. The Company calculates website uptime based on this type of server monitoring.

6.2. High Availability Policy

This is a policy governing the use of the Company’s High Availability commitment and applies separately to each Customer account using our databases. In the event of a conflict between the terms of this policy and the terms of other agreement with us governing your use of our Services, the terms and conditions of this policy apply, but only to the extent of such conflict.

“High Availability” means the availability of My Clinical Site hosting services and applies only to websites that have been published by the Customer and are publicly available on the Internet.

6.2.1. Service Commitment
My Clinical Site will use commercially reasonable efforts to ensure High Availability with a monthly uptime percentage of at least 99.95% during any monthly billing cycle. In the event a service does not meet the service commitment, the Customer utilizing that service will be eligible to receive a service credit.

6.2.2. Service Credits
Service credits are calculated as a percentage of the total charges paid by you for the hosting of your website for the monthly billing cycle in which the monthly uptime percentage fell within the ranges as follows: less than 99.9% uptime, credit of 10%; less than 95.0% uptime, credit of 100%.

We will apply any service credits only against future monthly payments otherwise due from you. At our discretion, we may issue the service credit to the credit card you used to pay for the billing cycle in which the unavailability occurred. Service credits will not entitle you to any refund or other payment from My Clinical Site. A service credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service credits may not be transferred or applied to any other account. Unless otherwise provided here, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide High Availability services is the receipt of a service credit (if eligible) in accordance with the terms of this policy.

6.2.3. Credit Request and Payment Procedures

To receive a service credit, you must submit a claim by opening a ticket in the Company’s Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  1. The words “High Availability Uptime Credit Request” in the subject line
  2. The dates and times of each unavailability incident that you are claiming
  3. The account holder name and the website address of the affected High Availability service; and
  4. Your installation logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks)

If the monthly uptime percentage of such request is confirmed by us and is less than the service commitment, then we will issue the service credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a service credit.

6.2.4. High Availability Database Policy Exclusions

The service commitment does not apply to any unavailability, suspension or termination of My Clinical Site performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of My Clinical Site; (ii) that result from any voluntary actions or inactions from you (e.g., rebooting a server or application, scaling capacity, not scaling storage when the storage is full, misconfiguring security groups, site configurations or credential settings, disabling site functions or making the site inaccessible, etc.); (iii) that result from you not following the guidelines or exceeding the limitations described in the My Clinical Site Terms of Service; (iv) caused by underlying  software you installed that leads to repeated database crashes or an inoperable database; (v) that result in long recovery time due to insufficient IO capacity for your database workload; (vi) that result from your equipment, software or other technology; or (vii) arising from our suspension or termination of your right to use My Clinical Site in accordance with our existing agreements.

6.3. Mail Server

(a) Availability. The Company provides a 99.9% monthly average of scheduled availability of its mail servers. Mail server availability is defined as the client’s ability to send (SMTP) and retrieve (POP3/IMAP) e-mail via the particular mail server. The Company does not monitor individual mail accounts, but only monitors the server as a whole. Mail server unavailability caused by denial-of-service attacks, mail bombing, and other flooding techniques is not included in uptime calculations.

Mail delivery protocol (SMTP) is a “store-and-forward” type of protocol that does not guarantee immediate delivery of e-mail messages. In the case that the first delivery attempt is failed, the mail server will continue to attempt to deliver messages to the addressee according to a predefined schedule. In the case that the messages cannot be delivered for a period of time exceeding 48 to 72 hours, the messages are returned to the sender.

(b) Monitoring. To verify that the server is available, the Company will ping the SMTP and POP3/IMAP services (retrieve SMTP and POP3/IMAP headers) every 5 minutes with a 30-second threshold. If either service does not respond, the service is considered non-operational and is automatically restarted. If two or more consecutive SMTP or POP tests fail, the problem is immediately escalated to the Support Center.

In cases where two or more consecutive SMTP or POP tests fail, the server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 5 minutes in duration is not recorded. The Company calculates server uptime based on this type of server monitoring.

6.4. Network Availability

Network availability is defined as the Company’s network’s ability to pass incoming and outgoing TCP/IP traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.

7. Scheduled Maintenance

To guarantee optimal performance of the servers that host our customers’ websites, the Company will perform maintenance on its servers on a routine basis. Such maintenance often requires taking Company servers off-line. Company reserves two hours of server unavailability per month for maintenance purposes. This server unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Company provides Customer with advance notice of maintenance whenever possible.

8. Server Storage Capacity

Each account is allotted storage capacity on the Company’s servers according to the plan or options selected by Customer. This storage size can be increased by the Company’s technical service staff for an additional charge up to the maximum amount allowed for each plan or service, as described on the Company’s website. The servers may stop accepting, processing, or delivering data when the purchased limit is reached, thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.

9. Ownership of Data

All data (a) created by Customer and/or (b) stored by Customer within Company’s applications and stored on the Company servers are Customer’s property and is for Customer’s exclusive use unless access to such data is permitted by Customer. The Customer shall allow access to such data by authorized Company personnel and shall provide access in compliance with the Company’s Privacy Policy. The Company makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Customer’s server space and applications on the Company’s servers.

10. Data Integrity

The Company employs sophisticated RAID techniques to ensure the integrity of the data on its servers, and the data is written to two disks simultaneously to prevent data loss in the event of hardware failure. The Company reserves the right to place accounts on non-RAID servers as necessary. Routine backups are performed for emergency recovery purposes only. THE COMPANY SHALL NOT RESTORE THE DATA UPON CUSTOMER’S REQUEST, except as provided by the Emergency Restoration as posted in the support section of the Company’s website. Web server raw log files are not included in the backups and cannot be recovered during server restoration.

In the event of data corruption, hardware failure or other data loss, the Company will make efforts to restore lost or corrupted data from server backups. The Company shall not be responsible for lost data or site content. The Company recommends that Customer maintain a local copy of all data uploaded or stored on the Company servers.

11. Data Retention

THE COMPANY SHALL NOT RETAIN ANY OF CUSTOMER’S DATA AFTER ACCOUNT TERMINATION. ALL DATA IS DELETED (A) FROM THE SERVERS AT THE TIME THE ACCOUNT IS TERMINATED AND (B) FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION. THE COMPANY SHALL NOT RESTORE, “BURN” TO CD, OR SEND OUT ANY DATA PERTAINING TO TERMINATED ACCOUNTS.

12. Customer Responsibilities

To access the Company Services, Customer must provide to the Company the following minimum requirements:

(a) an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading

(b) a fully functional Internet browser

(c) a fully functional POP3/IMAP/SMTP e-mail program (client)

(d) tools to develop and publish content as Customer deems necessary

(e) tools to access database servers if such services are purchased by Customer as part of the Services

13. Additional Services

Additional products and services may be offered by the Company and may be discontinued at the Company’s discretion. Any and all available products and services are listed in the Pricing section of the Company’s website.

13.1 Emergency Site Restoration Services

The company maintains a separate local backup of Customer websites and, in the unlikely event of a customer-initiated technical failure and in the absence of a local or cloud backup, will setup the website as quick as possible on a new or repaired web space. The restoration of all custom images, text, or files previously uploaded, added to or edited on the website are the sole responsibility of the Customer, who is advised to retain an offline copy of these digital assets. In the event of a site restoration, it will be the Customer’s responsibility to re-upload these custom images, texts, and files and perform all edits necessary to restore the website to its pre-incident appearance. Customers are advised to perform regularly scheduled local or cloud backups of their entire site.

13.2 Website Replication Services

The Company offers a service of site replication that permits the reproduction, in as much detail as possible, of the Customer site designed on a different platform (e.g., Wix, Bootstrap, etc.) The new site will be reproduced within a limit of 8 pages and installed free of charge on the Customer hosting web space with the Company, provided the Customer has purchased a Let’s Thrive! d+h+s package. Customers of Let’s Start! and Let’s Grow! d+h+s packages will be charged the price per page specified in the Pricing section of the Company website.

14. Privacy Statement

The Company values the privacy of its customers. Please refer to the Company’s Privacy Policy for further information.

15. Terms of Services

Additional details on access and use of Company Services are included in our Terms of Services, to which Customers should refer for further information.