• EHR intelligence designed for Ambulatory Clinics, Health Departments & Mental Health Facilities

  • 1

Scope

The ezEMRxPrivate Service Level Agreement (SLA) describes the level of availability of the hosted ezEMRx Private production server that ezEMRx provides to the customer. 

During the term of the agreement, the ezEMRxPrivate production server will be operational and available to the customer almost always, except during scheduled downtimes, in any calendar month. In case ezEMRx does not meet the SLA, and if the customer meets its obligations under this SLA, the customer will be eligible to receive the SLA Credits (SLAC) described below. This SLA states that the customer's sole and exclusive remedy for any failure by ezEMRx in providing the services covered by this SLA.

Definitions

Downtime - Downtime is measured based on the in-accessibility rate of the hosted ezEMRxPrivate production server due to server-side failures only. If more than fifteen percent (15%) of the user community is finding the ezEMRxPrivate production server inaccessible, then this constitutes a downtime.

Downtime Period - A period of 30 consecutive minutes of downtime. Intermittent downtime for periods less than 30 minutes is not considered as a downtime period.

Covered Services - This includes access to the hosted ezEMRxPrivate production servers.

Monthly Uptime - ((60 x 24 x days of the calendar month) - (Number of minutes of downtime from all downtime periods in the calendar month)) /  (60 x 24 x days of the calendar month).

Scheduled Downtime - ezEMRx will notify the customer of scheduled downtime periods.  Scheduled downtime is not considered as downtime for the purpose of this SLA, and is not counted towards any downtime periods.

Services - Covered services under the agreement

SLAC - 

Monthly Uptime

(Percentage)

SLAC

(Days of Service)

< 99.9% & ≥ 99.0% 1
< 99.0% & ≥ 95.0% 3
< 95.0% 5

Customer Responsibilities

  • The customer must notify ezEMRx and request the SLAC within thirty days (30) from the time the customer becomes eligible to receive the SLAC.
  • SLAC is only available for the ezEMRx hosted model of subscription.

Failure to comply with the above will forfeit the customer’s right to receive the SLAC.

Exclusions

The SLA does not apply to services that expressly exclude this SLA or any performance issues: (i) caused by factors outside of ezEMRx’s reasonable primary control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving ezEMRx employees), or Internet Service Provider (ISP) failures or delays, SSL provider failures and; (ii) that which resulted from the customer’s equipment or third party equipment/software, or both (not within the primary control of ezEMRx).

Maximum Credit

The aggregate maximum number of SLACs to be issued by ezEMRx to the customer for all downtime periods that occur in a single calendar month shall not exceed fifteen days (15) of service to be added to the end of the customer’s term.  SLAC may not be exchanged for or converted to monetary/subscription amounts.

 

Disclaimer: Every effort has been made to ensure the accuracy and correctness of the information contained herein. However, in the unlikely event of certain errors and/or omission, ezEMRx, Inc. will not be held liable for any loss whatsoever due to the usage of the information contained herein. ezEMRx, Inc. also reserves the right to modify the contents of this document without any prior notice.

Last updated Tue, 16 Jan 2018