Support Services and Service Levels

TERMS | BILLING | PRIVACY | SUPPORT

1. Support

Bluedot will use commercially reasonable efforts to provide or procure technical support services for Software and Services licensed by the Client (“Support Services”) in accordance with the applicable Service Levels, subject to the Clients’ sole remedy for any failure by Bluedot to achieve an applicable Service Level being the relevant Service Level Credits. Such Service Levels and Service Level Credits apply to Support Services only if the Client is paying Fees specifically for Support Services in accordance with this Agreement. Capitalized terms not defined herein shall have the meaning provided in the Bluedot Terms and Conditions.


2. Support Services during Business Hours

2.1 Support Services will be provided between:

  • 9:00 a.m. and 6:00 p.m. United States Pacific Time; and
  • 9:00 a.m. and 6:00 p.m. Australian Eastern Standard Time (collectively “Business Hours”) on business days (excluding public holidays and weekends).

2.2 Support Services Management System

Support Services will be facilitated through an online management system when the Client submits a request for Support Services in accordance with clause 2.4 (“Support Request”) to Bluedot via either of the following:


3. Support Requests

3.1 Prioritization

Each Support Request will be prioritized according to its Severity Level (defined below).


3.2 Severity Level

In submitting a Support Request, the Client will initially designate a Severity Level to the Support Request and provide directions on how it would like the Support Request handled. Bluedot reserves the right to change the designated Severity Level based on the description of the impact of the relevant Support Issue and Severity Level criteria (outlined below).


3.3 Receipt of Support Ticket

Upon receipt of a Support Request, Bluedot will:

  • (a) log and provide the Client acknowledgement of the Support Request; and
  • (b) initiate the resolution of the Support Request in accordance with the designated Severity Level.

4. Additional Support Services

The parties may agree to arrangements for additional Support Services in accordance with Bluedot’s then-current standard rates (unless otherwise agreed by the parties).


5. Services Outside the Scope of Support Services

5.1 Exclusions

To avoid doubt, the scope of Support Services does not include:

  • (a) modifying the Client Applications or other systems;
  • (b) developing new versions of the Software or Services;
  • (c) modifications or adaptations to enable the Software to operate on:
    • (i) additional operating systems other than Android and iOS;
    • (ii) new versions of compatible mobile devices;
    • (iii) incompatible mobile devices;
  • (d) first-line assistance or interaction with end-users;
  • (e) tailored training or non-standard assistance not expressly agreed to in writing;
  • (f) a specific guaranteed minimum number of support or development hours. Bluedot will provide Support Services in accordance with this policy upon request; and
  • (g) third-party hosting infrastructure and services.

5.2 Additional Services

Any Services the Client would like to obtain beyond the scope of Support Services will only be provided if the parties agree in writing that they will be provided by Bluedot as Additional Services.


6. Service Levels and Service Level Credits for Provisioned Services

The Availability Service Level is the period of time in any month which the Software is available to be called upon by the Client Application excluding the Service Level Exceptions and Client Delays.


On request, if Bluedot does not meet the Availability Service Levels for its Provisioned Services, as set forth below, Bluedot must pay to the Clients the applicable Service Level Credits (in the form of a refund of a proportion of the relevant Fees charged to the Clients for each transaction in accordance with Annex 1 and the Billing Policy in the applicable billing cycle in which those Availability Service Levels are measured), which will constitute the Client’s sole and exclusive remedy for any failure to comply with the Availability Service Levels. Such amounts will be calculated within the liability cap in clause 13.2. Should more than one of the specified Provisioned Services enter a given Availability Service Level, this does not increase Bluedot’s liability to provide a Service Level Credit; Service Level Credits are calculated only for the lowest availability Provisioned Service for a given month. The applicable proportion of the Fees payable as a Service Level Credit will be determined in accordance with the following table:


Service LevelAvailability Service LevelProportion of Fees to be Refunded
1Less than 99.97% but greater than or equal to 98.0%10%
2Less than 98.0%30%

7. Service Levels and Credits for Support Services

7.1 Severity Levels

Bluedot will respond to incidents based on the severity of the incident and the actual or potential effect on the provision and operation of the relevant Software or Services. All Support Requests will be prioritized according to the following criteria:

  • (a) Severity Level 1 – Critical Incident: complete loss of processing and/or functionality, or a very high level of operational difficulty and service unavailability. Requires rapid corrective action.
  • (b) Severity Level 2 – Minor Incident: degraded processing, functionality and/or operations of the Service but without a complete or near-complete loss of service. This incident requires a prompt response, however, the urgency is less than a Level 1 incident because of a less immediate, impending or significant impact on the operation of clients’ systems and applications; and
  • (c) Severity Level 3 – Enquiry: incidents that are not Severity Level 1 or Severity Level 2, and do not have an impact on Service functionality, typically consisting of standard support enquiries or requests,
  • (each a “Severity Level”).

7.2 Service Levels for Response Times

For each Support Request, Bluedot will respond to its clients within the following timeframes (“Response Time Service Levels”) for each Severity Level of the Support Request.


Severity LevelResponse Time
Level 12 hours
Level 24 hours
Level 38 hours

7.3 Service Levels for Rectification Times

For each Support Request, Bluedot will use commercially reasonable efforts to rectify the Support Issue within the following standard timeframes (“Rectification Time Service Levels”) for each Severity Level of the Support Request.


Severity LevelRectification Time
Level 116 hours
Level 248 hours
Level 372 hours

7.4 Service Level Credits

    • (a) On request, if Bluedot does not meet the Response Time Service Levels and Rectification Time Service Levels, Bluedot must pay to the Client the applicable Service Level Credits (in the form of a refund of a proportion of the Fees charged to the Clients for the specific Software or Service that is subject of a Support Request, if any, in the applicable billing cycle in which those Service Levels are measured). The applicable proportion of the Fees that will be refunded will depend on the Severity Level and the Response Time and Rectification Time, as set out in the tables below.
    • (b) For Severity Level 1 incidents, the following proportions will apply:

Response Time Service LevelRectification Time Service LevelProportion of Support Services Fees to be Refunded
Up to 2 hoursUp to 16 hours0%
Longer than 2 hoursLonger than 16 hours30%

  • (c) For Severity Level 2 incidents, the following proportions will apply:

Response Time Service LevelRectification Time Service LevelProportion of Support Services Fees to be Refunded
Up to 4 hoursUp to 48 hours0%
Longer than 4 hoursLonger than 48 hours30%

  • (d) For Severity Level 3 incidents, the following proportions will apply:

Response Time Service LevelRectification Time Service LevelProportion of Support Services Fees to be Refunded
Up to 8 hoursUp to 72 hours0%
Longer than 8 hoursLonger than 72 hours30%

8. Client Delays and Service Level Exceptions

  • (a) Where reasonable and necessary to resolve a Support Request, the period of time Bluedot waits for the Client to provide Bluedot with additional documentation, information or clarification or access to the Client’s database or systems (“Client Delay”) will not be included in the measurement of Bluedot’s Service Level performance for that Support Request.
  • (b) Bluedot will not be required to pay Service Level Credits in respect of a failure to meet the relevant Service Levels to the extent that such failure has been caused wholly or partially:
    • (i) by a Force Majeure Event;
    • (ii) by a failure of AWS to comply with its Service Levels in respect of the Hosted Services attached as PART IV; or
    • (iii) by schedule maintenance by AWS of the Hosted Services reasonably notified to the Client in advance where such notice is provided to Bluedot;
    • (iv) by infrastructure, equipment or applications failures not procured, managed or within the control of Bluedot as part of the Services;
    • (v) by the Client’s failure to perform its obligations as set out in this Agreement (including a Client Delay);
    • (vi) by a Support Issue that cannot be reproduced so as to be verified by Bluedot as an issue;
    • (vii) where the incident that is the subject of the Support Request is not attributable to Bluedot’s Software or Services, or is caused by the Client’s systems, applications or environments; or
    • (viii) a wrongful act or omission of the Clients,
    • (each a “Service Level Exception”).

9. Cap on Service Level Credits

In no event will the total aggregate amount of Service Level Credits payable for a particular billing cycle exceed 30% of the total amount of the applicable Fees for the relevant Software and Service (the “Credit Cap”) charged in that billing cycle.


10. Definitions

“Response Time” means, in relation to Support Requests submitted by the Client, the time period (calculated from the point in time when Bluedot is notified of the Support Request) in which:

  • (a) the Severity Level for the Support Request will be logged, acknowledged by and agreed with Bluedot; and
  • (b) Bluedot shall initiate the resolution of the Support Request;

“Rectification Time” means, in relation to Support Requests submitted by the Client, the time period (calculated from the point in time when Bluedot is notified of the Support Request) in which:

  • (a) Bluedot shall initiate the resolution of the Support Request; and
  • (b) the Support Request is resolved;

“Service Level Credit” means the amounts paid by Bluedot to the Clients in the form of a refund or a credit for additional Services or Software of a proportion of the relevant Fees paid by the Client for the specific Software or Services that are the subject of the Support Request or Provisioned Service; and


“Support Issue” means an issue related to Clients’ use or incorporation of the Software or Services in relation to the Client’s Application.


11. Supplier Service Levels for AWS

Amazon Web Services – Elastic Compute Cluster (EC2)


Monthly Uptime PercentageService Credit Percentage
Less than 99.95% but equal to or greater than 99.0%10%
Less than 99.0%30%

Amazon Web Services – CloudFront


Monthly Uptime PercentageService Credit Percentage
Less than 99.95% but equal to or greater than 99.0%10%
Less than 99.0%25%

MongoDB – Atlas


Monthly Uptime PercentageService Credit Percentage
Less than 99.95% but equal to or greater than 99.0%10%
Less than 99.0%25%

12. AWS Disaster Recovery Plan

The Disaster Recovery Plan is an outline of procedures to restore relevant Client Data from the off-site secure back-up managed by our suppliers – primarily Amazon Web Services (AWS) – into servers in an alternative data center, in the event of Catastrophic Failure. Bluedot may, by written notice to the Client from time to time, update or replace this Disaster Recovery Plan with a commercially reasonable alternative plan as Bluedot deems appropriate to reflect changes in its third-party data-center provider or such provider’s recovery plans and policies. As used herein, “Catastrophic Failure” is defined as a Force Majeure Event (such as fire, flood or any comparable event) that prevents the Amazon Web Services data center from being able to provide hosting services for the Bluedot Hosted Service. For avoidance of doubt, a Catastrophic Failure is dealt with under this Section 12 rather than the Service Levels.


12.1 Alerts and Notifications

In the event of a Catastrophic Failure, monitoring systems of each critical service activate to notify Bluedot directly. Once notification is received, Bluedot will immediately notify the Client’s assigned contact with an explanation of the disaster event, including a non-binding resolution time based upon resolution times communicated to Bluedot by Amazon Web Services.


12.2 Back-up

A continuous differential and weekly full back up of all data relating to the Client are kept within a secure centralized infrastructure in our supplier’s data center. A copy of the back-up media is securely retained in an off-site location based on a retention rate of four weeks. The Client Data will be no longer than two weeks old when restored into a new environment. The off-site back-up storage frequency can be increased upon request by the Client at its cost.


A complete business continuity solution using a replica data center can also be established upon request by the Client at its cost if a real-time recovery capability is required.


12.3 Databases and Server Restoration After a Catastrophic Failure

In the event of a Catastrophic Failure, the following procedures will be executed to restore relevant systems and Services, upon the receipt of a catastrophic failure notification from Amazon Web Services region where the hosted Services were provisioned.


The database and server restoration process:

  • (a) Bluedot will immediately notify the Client of the catastrophic failure event and expected resolution time.
  • (b) Bluedot will initially restore the database from the offsite back up into an alternative public cloud environment, providing a fast restoration of service.
  • (c) Bluedot will restore application images from the off-site back up or images from the build systems.
  • (d) Public DNS entries will be switched to connect to the new hosting environment.
  • (e) Upon the restoration of the temporary service, Bluedot will duly notify the Client.
  • (f) Upon restoration of AWS service, Bluedot will then resync the production database with the temporary database, and bring the production application servers back online.
  • (g) Public DNS entries will be switched to connect to the resumed production environment.
  • (h) Upon the restoration of the permanent service, Bluedot will duly notify the Client.

12.4 Resolution Times

In order to provide certainty about resolution times following a Catastrophic Failure, Bluedot proposes the following.

From the point of receiving the catastrophic failure notification from AWS, Bluedot shall:

  • (a) Restore the service to the temporary environment within 72 hours.
  • (b) Restore the service to the permanent environment within 24 hours of the supplier’s resumption of service.

12.5 Non-Disaster Event Outages and Service Disruptions

Outages and disruption events not considered to be a disaster or Catastrophic Event requiring Full Disaster Recovery are covered in accordance with the Service Levels.