Software Service Level Agreement (SLA)

This Section sets forth the Service Level Commitments at which Opus shall perform the Services it provides to its End-Users. Unless otherwise specified, each Service Level Commitment shall be measured on a quarterly basis.

Definitions

Capitalized terms used and not defined in this Section have the meanings given in the Agreement.  The following terms have the following meanings: 

“Down” means the Opus Host System and/or Opus Software is (i) not operational, (ii) not able to accept an End-User logon. (iii) not able to perform results reporting or order entry and no viable workaround exists.  A determination that the system Down includes Downtime associated with Opus' internet backbone provider but excludes Downtime associated with End-Users and/or a User’s ISP connectivity.

“Downtime” means the elapsed time starting when End-Users notifies Opus and Opus confirms that the Opus Host System and/or Opus Software is Down and ending when End-Users is notified by Opus that the Opus Host System and Opus Software is operational, able to accept an End-User logon. 

“Response Time” means the elapsed time for a User activity when using the Host System on an internal Opus network.  The Response Time measurement shall start when the User completes an Opus Services Request activity as follows: (a) enters the last character in a field on a form and presses either the enter, return, tab, or similar end of activity action on the keyboard; or (b) clicks on a confirmation to proceed indicator such as an OK, sign, confirm, done, or next dialogue box or icon.  The Response Time measurement shall end when: (1) the Opus System is ready to accept the User’s next action such as the input of data; or (2) the data requested by the User is displayed.

“Scheduled Maintenance” means the period of time during which Opus has scheduled maintenance activities regarding the Opus Software or Opus Host System hardware installation or maintenance per the maintenance schedule provided in Section C.1.a.

“Unplanned Service Interruption” means the elapsed time starting when End-Users notifies Opus or Opus discovers that the Opus Host System or Opus Software is down and ends when End-Users is notified by Opus Systems are operational.

“Service Credit” means a prorated monetary amount based on the inability to access products and services being provided by Opus.

1. Service Levels Commitment.
   
   System Availability - Opus warrants the following Service Level Commitments with respect to Host System Availability:
   Scheduled Maintenance shall occur during the times outlined in Section 2 of this Agreement and only between the hours of 11:00 PM to 2:00 AM (Eastern Time).  Opus will provide no less than 2 days prior written notice to End-Users of any Scheduled Downtime to occur outside those hours. 
   
   The Host System shall be available, fully functioning, and meeting the Service Level Commitments at a level of 99% (“System Availability Percent”) calculated using the following formula:
   
   Availability = [1 – (Total hours of Unscheduled Downtime / Total hours of scheduled availability in a month)]
   
   The total hours scheduled for System Availability in a given month excludes Downtime incidents caused by factors beyond Opus' control, scheduled periods selected by End-Users, and/or Downtime incidents related to End-Users or a User’s ISP connectivity or System.
   
   It is the goal of Opus to have its Services available to Customers twenty-four hours a day, seven days a week, with the exception of Scheduled Maintenance. Opus will make reasonable efforts to provide Customers with availability (excluding Scheduled Maintenance) that is equal to or greater than 99%.
2. Scheduled Maintenance
   
   Scheduled Maintenance. Scheduled Maintenance will occur when a Customer has no access to the Services due to pre-planned maintenance by Opus or Opus’ data center (“Scheduled Maintenance”).
   
   Scheduling Maintenance. Opus will make reasonable efforts to schedule maintenance between the hours of 11 PM to 2 AM EST (Eastern Time) to minimize disruptions to all of its affected Customers. It is anticipated that Scheduled Maintenance will include scheduled maintenance and application upgrades.
   
   Notice for Scheduled Maintenance. Opus will make reasonable efforts to provide seventy-two (72) hours prior notice for scheduled Scheduled Maintenance not to exceed one (1) hour unless critical business-impacting maintenance is required. In the event the immediate interruption of services is required, Opus will make reasonable efforts to notify all users via email as soon as possible. For all Scheduled Maintenance scheduled to last one (1) hour or more, Opus will use commercially reasonable efforts to provide at least 5 business days prior notice.
3. Problem Management, Escalation, and Resolution.
   
   Unplanned Service Interruption. Unplanned service interruption occurs when the Customer’s access to Services is affected by problems of severity level 1 through 3 (“Unplanned Service Interruption”). Severity levels for Unplanned Service Interruptions are described in the following schedule:
   
   

   Severity 1 Issue (Highest)	Severity 2 Issue	Severity 3 Issue
   Description Loss of service, or serious impairment of service, which cannot be circumvented.  Examples of this type of problem are: - Web server not accepting connections due to functionality or performance issues. - Persistent inability to access clinical information due to functionality or performance issues. - Critical product feature does not work (identifiable part of the functionality, such as tests cannot be ordered, requisitions and bar codes cannot be printed), no workaround exists or workarounds are impractical. - User data is corrupted. - Reproducible, unavoidable crash or deadlock. - Legally incorrect text or graphics.	Description A problem exists which can be circumvented or does not affect normal operations. Examples of this type of problem are: - Non-critical product feature does not work (identifiable part of functionality), no workaround exists or workarounds are impractical. - Part of a product feature is affected, a viable workaround exists. - Performance is less than optimum Highly visible usability problem that doesn’t affect functionality.	Description Failure of a system that does not have any effect on normal operations.
   Incident Reporting Hotline: (786) 434-5335 Email: support@opusehr.com	Incident Reporting Hotline: (786) 434-5335 Email: support@opusehr.com	Incident Reporting Hotline: (786) 434-5335 Email: support@opusehr.com
   Incident Response Time* During the regular business hours of 9:00 AM (Eastern Time) and 6:00 PM (Eastern Time), Monday through Friday, there will be a one (1) hour maximum to acknowledge the problem and notify the customer's primary contact. During the hours of 6:01 PM (Eastern Time) and 8:59 AM (Eastern Time), Monday through Friday and on Weekends, there will be a four (4) hour maximum to acknowledge the problem and notify the end-user’s primary contact. If the problem is unresolved in 4 hours, escalate to level 1.	Incident Response Time* During the regular business hours of  9:00 AM (Eastern Time) and 6:00 PM (Eastern Time), Monday through Friday, there will be a four (4) hours maximum to acknowledge the problem and notify the customer's primary contact.  During the hours of 6:01 PM (Eastern Time) and 8:59 AM (Eastern Time), Monday through Friday and on Weekends, there will be an eight (8) hours maximum to acknowledge the problem and notify the end-user’s primary contact If the problem is unresolved in 24 hours, escalate to level 1.	Incident Response Time* During the regular business hours of 9:00 AM (Eastern Time) and 6:00 PM (Eastern Time), Monday through Friday, there will be a four (4) hours maximum to acknowledge the problem and notify the customer's primary contact. During the hours of 6:01 PM (Eastern Time) and 8:59 AM Monday through Friday and on Weekends, there will be an eight (8) hours maximum to acknowledge the problem and notify the end-user’s primary contact If the problem is unresolved in 3 business days, escalate to level 1.
   Escalation Level 1 Opus response time: Within 4 hours from initial notification. Contact: Director of Customer Success If a problem is unresolved at this level, escalate to Level 2.	Escalation Level 1 Opus response time: Within 4 hours from initial notification. Contact: Director of Customer Success If a problem is unresolved at this level, escalate to Level 2.	Escalation Level 1 Opus response time: Within 4 hours from initial notification. Contact: Director of Customer Success If a problem is unresolved at this level, escalate to Level 2.
   Escalation Level 2 Opus response time: Within 12 hours from initial notification. Contact: Director of Software Engineering	Escalation Level 2 Opus response time: Within 12 hours from initial notification. Contact: Director of Software Engineering	Escalation Level 2 Opus response time: Within 12 hours from initial notification. Contact: Director of Software Engineering

   *Incident Response Time is measured from the moment an alert is received by Opus' Customer Service Team via the appropriate channels.

4. Service Credit Due to Unplanned Service Interruption
   
   Unplanned Service Interruption. Unplanned service interruption occurs when the Customer’s access to Services is affected by problems of severity levels 1 through 3 (“Unplanned Service Interruption”). Severity levels for Unplanned Service Interruptions are described in the following schedule:
   
   

   Severity	Service Interruption	Percentage of Monthly Fee
   1	Any incident exceeding 1 hour	25%
   1	2 incidents or 2 hours	50%
   2	4 incidents or 4 hours	100%
   2	2 incidents of 2 hours	25%
   2	6 incidents or 6 hours	50%

   
   Customer Must Request Service Credit. To receive any of the Service Credits described in this Section 4, the Customer must notify Opus within thirty (30) days from the time the Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit the Customer’s right to receive a Service Credit.
   
   Payment of Service Credit. The Service Credit will be issued on the Opus invoice for the period following the Customer’s request for the Service Credit unless the Service Credit is due in the Customer’s final month of the Term. In such a case, the refund for the dollar amount of the Service Credit will be mailed to the Customer.
   
   Termination Option for Chronic Problems. In the event Customer experiences three (3) Level 1 Unplanned Service Interruptions in any single calendar month for two (2) consecutive calendar months, Customer may terminate its Agreement without breach or penalty by notifying Opus within five (5) days following the end of the second successive calendar month in which there were three (3) Level 1 Unplanned Service Interruptions.
   
   This offer is available only to clients who entered into a new Agreement as of December 2, 2021, and who pay an undiscounted Monthly Fee of $500 per instance/facility/location.
   
   Credits only apply to the monthly Maintenance Fee, not to per-patient or other fees. Email support@opusbehavioral.com to request a credit.
5. Events Beyond Control of Opus

All Performance Standards do not include periods of service outages resulting in whole or in part from one or more the following causes:

• Any act or omission on the part of the Customer, any third-party contractor or vendor, or any other entity over which the Customer exercises control or has the right to exercise control.
• The END-USERs applications, equipment, or facilities.
• Opus off-hour scheduled maintenance or the END-USER’s scheduled maintenance.
• Any event or occurrence that results in a “No Trouble Found” resolution to Trouble Tickets.
• Force Majeure events beyond the reasonable control of Opus include, but are not limited to, acts of God, natural disasters, cable cuts, government acts and regulations, and national emergencies.
• Interruptions associated with any act or omission on the part of the END-USER or a third party, including, but not limited to, internet providers, or power outage and interruption where the END-USER elects not to release the service for testing and repair and continues to use it on an impaired basis.

This version of this Software Service Level Agreement (SLA) has been effective and updated on this website since September 7, 2022, at 4:45 PM ET. This Software Service Level Agreement (SLA) supersedes previous Software License Terms & Conditions posted on this site.