Service Level Agreement

Cogential IT, LLC Service Level Agreement

This Service Level Agreement applies to and is incorporated by reference into the ordering document (the “Invoice”) made by and between the Service Provider (as identified on the Invoice) and the Customer (as identified on the Invoice). Service Provider may modify this Service Level Agreement from time to time by posting such amended Service Level Agreement to Service Provider’s site.

Availability

Cogential IT, LLC manages the production environment to 99.5% data center availability, on a monthly average basis. The production environment includes the communications server, EDI translator, data transformation engine, web servers and database. Availability of these systems is measured exclusive of scheduled maintenance and causes beyond the control of Cogential IT, LLC (i.e. Telco outages, VAN outages, force majeure, etc.).

If, at any time such service level falls below the levels documented above for two (2) consecutive calendar months, Cogential IT will pursue an aggressive course of action to resolve the performance issues. The timeframe for resolution will be mutually agreed upon, taking into account time required for any hardware acquisition, software development and implementation.

Error Identification and Resolution

Cogential IT, LLC is committed to providing timely identification and resolution of data related errors. Cogential IT, LLC shall promptly: (i) investigate, assemble and preserve pertinent information with respect to, and report on the causes of, the problem, including performing a root cause analysis of the problem; (ii) advise Customer, as and to the extent requested by Customer, of the status of remedial efforts being undertaken with respect to such problem; (iii) minimize the impact of and correct the problem and begin meeting the Service Level; and (iv) take appropriate preventive measures so that the problem does not recur.

Where the Services are performed incorrectly, Cogential IT, LLC will correct any incorrect output that resulted from the problem, including reperforming the Services without additional charge or cost to Customer, even if doing so consumes what would be otherwise chargeable resources.

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