Design Desk Service Level Agreement

This SLA describes the levels of the CMYKhub Design Desk digital workflow system availability and support that a Customer can expect to receive from CMYKhub Design Desk Pty Ltd for the duration of the Agreement.

The following terms used in this will have the meanings specified below. Any capitalized terms not defined herein shall have the meaning attributed to them in the Agreement. In this SLA the singular includes the plural and vice versa; the words "month", "year", and "quarter" mean calendar month, calendar year, and calendar quarter, unless otherwise stated; and the word "including" (or any analogous word or phrase) means “including without limitation”.

This SLA applies only to the CMYKhub Design Desk digital workflow system and Services described in the Agreement or applicable Statement of Work. This SLA does not apply to any software, equipment, services, or other parts of an information technology system that are not purchased from or managed by CMYKhub Design Desk.

CMYKhub Design Desk Pty Ltd will rectify material issues with the CMYKhub Design Desk digital workflow system, except where:

the issue has been caused by Customer's use of the CMYKhub Design Desk digital workflow system in a manner that is contrary to CMYKhub Design Desk Pty Ltd Training or any other instruction issued by CMYKhub Design Desk Pty Ltd;

Customer has made unauthorized changes to the configuration or set-up of the affected CMYKhub Design Desk digital workflow system;

Customer has prevented CMYKhub Design Desk Pty Ltd from performing maintenance on the CMYKhub Design Desk digital workflow system;

the issue has been caused by Third Party Products; or

the issue has been caused by User(s), including by modifying part of the software or by adding, deleting, or assigning improper rights to Users or End Customers.

This SLA will be effective from the Project Start Date and will terminate without further notice and without right to compensation or restitution upon the expiry or termination of the Agreement or applicable Statement of Work.

CMYKhub Design Desk Pty Ltd responsibilities:
ensure the relevant CMYKhub Design Desk digital workflow system and Services are available to Customer in accordance with the Uptime guarantee;

respond to support requests within the timescales listed below;

take steps to escalate, diagnose, and resolve issues in an appropriate and timely manner, including the allocation of enough skilled staff and the collection of necessary information; and always maintain clear and timely communication with the Customer;

this support is only provided to the Customer and not to Customer's customer known as End Customers.

Customer responsibilities:
use the CMYKhub Design Desk digital workflow system as intended under the Agreement;

notify CMYKhub Design Desk Pty Ltd of issues or problems in a timely manner and as thoroughly as is possible;

cooperate with CMYKhub Design Desk Pty Ltd in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information;

in case of a Priority 1 Alert, ensure the availability of enough skilled Customer employees to work with CMYKhub Design Desk Pty Ltd;

support their End Customers as the first point of enquiry for support before escalation to CMYKhub Design Desk.

CMYKhub Design Desk Pty Ltd will apply best efforts to achieve 99% uptime each month 24 hours a day 7 days a week (“Agreed Hours of Service”). Uptime is measured based on the monthly average of availability, rounded down to the nearest minute, and calculated as follows:

Monthly Uptime % = (Maximum Available hours - Downtime) / Maximum Available Hours

CMYKhub Design Desk Pty Ltd provides the CMYKhub Design Desk digital workflow system via AWS, a cloud platform which provides compute, network and data storage services.

In the event of an alert, CMYKhub Design Desk Pty Ltd is deemed to have responded when it has replied to Customer's initial request. This may be in the form of an email or telephone call, to acknowledge receipt of Customer's request, provide a solution, or request further information.

The Response Time and Resolution Time will depend on the priority of the item(s) affected and the severity of the alert, as set out in the following schedule:

CMYKhub Design Desk Pty Ltd Support regularly analyses all Customer Tickets in order to identify trends and issues. Based on these findings, we prioritize the backlog of issues and task and escalate tickets to development to remedy the problem.

Technical issues are related to a particular bug, security or backup failure, or any other type of non-functioning of the CMYKhub Design Desk digital workflow system. Example: "An orders status doesn't update."

User questions which arise will be the responsibility of the Customer after the onboarding process. The Customer is expected to only escalate these questions to CMYKhub Design Desk Pty Ltd after all internal resolution steps are taken.

Requests are requests to change the CMYKhub Design Desk digital workflow system, features or settings. Example: "Can you create a new product type within the Design Services?"

Content questions are related to the contents of Customer Data itself. Customer is the creator and controller of its Customer Data and is therefore tasked with providing User support for these questions. Example: "How do I add an attachment to a design brief."

Help Desk the CMYKhub Design Desk Pty Ltd help desk can be contacted by email anytime via support@designdesk.com.au

CMYKhub Design Desk Pty Ltd provides its CMYKhub Design Desk digital workflow system on the accredited AWS Cloud Platform which conforms to IEC/ISO 27001:2013 and applies industry best practice to security.

The CMYKhub Design Desk Pty Ltd IT team secures backups of all data and code in the following manner:

Incremental backups of system data on back-up servers (daily).

Full backups of the database (daily, retention of 7 days).

In the (unlikely) event of damage or loss at CMYKhub Design Desk Pty Ltd’s AWS location, CMYKhub Design Desk Pty Ltd will restore Customer’s data from the most recent backup. This will be treated as a Priority 1 alert.

CMYKhub Design Desk Pty Ltd releases the CMYKhub Design Desk digital workflow system via Continuous Integration and Continuous Delivery. This means that whenever a new feature or release of CMYKhub Design Desk Pty Ltd is ready, it can be deployed to the production system at any moment.

Urgent bug fixes that impact availability and critical features are applied immediately on production servers in accordance with the Resolution Time schedule.

Third party components in use by CMYKhub Design Desk Pty Ltd (e.g. Windows Server, MongoDB, MS SQL, IIS, etc.) are updated on an as needed basis (in the AEST time zone), whenever critical updates become available.

CMYKhub Design Desk Pty Ltd will make available to Customer new versions, releases, and updates to the CMYKhub Design Desk digital workflow system to solve defects and/or errors, keep the CMYKhub Design Desk digital workflow system up-to-date with system developments, or otherwise improve the operation or functionality of the CMYKhub Design Desk digital workflow system. These improvements may include bug fixes. CMYKhub Design Desk Pty Ltd will only support the most recent version of the CMYKhub Design Desk digital workflow system.

When applying updates and versions CMYKhub Design Desk Pty Ltd shall make reasonable efforts to ensure that when performing such actions, the impact on Customer and its User(s) is limited.

This SLA may be updated at CMYKhub Design Desk Pty Ltd’s discretion, but only after providing thirty (30) days’ notice, after which it shall be effective (“SLA Effective Date”). Such notice will be sufficient if provided to a User designated as an administrator of Customer’s CMYKhub Design Desk digital workflow system account either: (a) as a note on the screen presented immediately after completion of the log-in authentication credentials at the log in screen, or (b) by email with read receipt to the email address provided for the administrator(s) for Customer’s account. If Customer objects to any such changes, Customer's only recourse is to terminate the Agreement. Continued use of the CMYKhub Design Desk digital workflow system following the SLA Effective Date of any update shall indicate Customer's acknowledgement of such update and agreement to be bound by the updated SLA. When CMYKhub Design Desk Pty Ltd changes this SLA, the date below will be changed to reflect the publication date of the most recent version.