This Service Level Agreement (“SLA”) is a policy governing the use of the Smartabase Software and services under the Smartabase Terms of Service (the “SB Terms Agreement”) between Fusion Sport Pty Ltd (“Fusion”, “us” or “we”) and users of Smartabase (“you”).

This SLA applies separately to each account using Smartabase. Unless otherwise provided herein, this SLA is subject to the terms of the Smartabase Terms Agreement and capitalized terms will have the meaning specified in the Smartabase Terms Agreement. We reserve the right to change the terms of this SLA in accordance with the Smartabase Terms Agreement.

1.0 Definitions

“Data” – means any Templates, personal data or information inputted by you or Fusion Sport into your version of the Smartabase Software.

“Monthly Uptime Percentage” – means the proportion of total Planned Uptime the service is available.

“Non-availability” – means the proportion of time the service is not available (excludes Planned Downtime and the Smartabase SLA Exclusions)

“Planned Uptime” – means the proportion of time that Fusion plan to make the service available.

“Planned Downtime” – means the time that the service is schedule to be unavailable due to maintenance, updates or new releases.

“Templates” – means the structure of the Data that is going to be recorded in your Site. For example, specific fitness tests, questionnaires and training logs.

2.0 Service Commitment

Fusion Sport is committed to providing all customers using the Smartabase software with consistent availability. Fusion recognize that our customers need to have their Smartabase software service available whenever they need to review and analyze their athlete’s performance, management and injury information. Fusion Sport strives to consistently exceed other service level providers and their level of service commitment.

Fusion Sport will use commercially reasonable efforts to make Smartabase available with Service Level Objectives (defined below). The percentages exclude Planned Downtime.

3.0 Service Level Objectives

The current Service Level Objectives are as follows:

PLANNED UPTIME

99.0%

PLANNED DOWNTIME

The most significant benefit of using the Smartabase software is the fact that our customers have access to regular upgrades thanks to our agile development environment. To bring our customers these benefits, Fusion Sport schedule a weekly maintenance period to upgrade the existing application and/or make any minor enhancements. This late-night maintenance is scheduled for two-hours on a Sunday and occurs during the lowest usage periods in the US, Australia, and the EU. Where possible, planned maintenance will be during low usage periods outside working hours when usage patterns are at their lowest. The maintenance period is usually scheduled at this time, but will not occur if there are no additional enhancements or updates.

MAJOR RELEASE

On a quarterly basis Fusion Sport usually has a major new release where significant new functionality is added to the Smartabase software.

These periodic major releases can take several hours to release which means your system will not be accessible during this time. Before doing so, Fusion Sport will give the Customer as much notice as possible, and whenever practicable will agree with the Customer when the Service will be suspended.

EMERGENCY UPDATES

Emergency maintenance, updates, and other procedures will be scheduled by Fusion Sport on a case-by-case basis, notice will be given to the Customer where practicable and ensure that customers are notified to logout of the system and save changes. Any periodic major releases usually occur at a time when usage patterns are at their lowest to minimize the impact on you.

4.0 Fusion Sport SLA Exclusions

The exclusions for non-availability include:

  • In typical installations the Smartabase software is built utilizing the Amazon web services components Simple Storage Service (S3) and Elastic Compute Cloud (EC2). Downtime caused as a result of a known fault within third party cloud infrastructure will not be the responsibility of Fusion Sport. The service status for such incidents can be monitored through the respective third party cloud hosting provider’s service portal.
  • Planned Downtime that is part of our regular weekly maintenance, or a major new release which you will be notified of.
  • Any unavailability, suspension or termination of Fusion Sport, or any other Fusion Sport performance issues:
  • caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Fusion Sport;
  • that result from any actions or in-actions of you or any third party;
  • that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or
  • arising from our suspension and Termination of your right to use SMARTABASE in accordance with the Fusion Sport Terms

If availability is impacted by factors other than those used in our calculation Monthly Percentage Uptime, we may issue a Credit considering such factors in our sole discretion.

5.0 Help Desk

5.1. Technical Problems: In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting us. If you still require technical help, please check the support provided on the on‐line help first, or failing that use the ‘help’ button located on the left of Site, or email us at Smartabase@fusionsport.com.

5.2. Software availability: Whilst We intends that the Software should be available 24 hours a day, seven days a week; it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place (see the Service Level Agreement for more detail). If for any reason we have to interrupt the Software for longer periods than we would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Website.

6.0 Notification of Fault

Fusion Sport will operate a fault notification line where faults will be assigned a priority between 1 and 4 based on the criteria established in the below table. The response times stipulated here are available for Smartabase platform, server or system faults only. Within this section of the SLA, a fault is defined as “a condition that causes Smartabase to fail its required functions, making it incapable of performing the required purpose or business operations”.

 

The service levels stated in the above table shall apply when the Customer raises a support issue for a fault within Smartabase through a supported communication channel. Upon Fusion Sport’s receipt of a fault notification, the Customer’s primary builder/administrative contact shall receive automated alerts and emails as appropriate via the myfusion customer portal. (Note: if the reporting individual is not the primary contact, then a manual email will be sent to the reporting individual separate to the automated communications.)

The primary contact will receive progress updates including but not limited to:

  • Receipt alert of the fault and its relative prioritisation according to the above table, such as a note of intended actions and a target resolution time
  • Any subsequent change to target resolution time and date of final resolution completion

Fusion Sport reserves the right to charge the Customer for work done by Fusion Sport at standard consulting rates to investigate faults or software bugs in the Service reported by the Customer where Fusion Sport finds no fault exists or the fault is in a component not provided by Fusion Sport, for example; caused by non-orthodox or poor build by a non-Fusion Sport builder or due to an error in a 3rd party vendor integration or other fault outside of Fusion Sport’s control.

Note: Any support issues raised via an unsupported communication channel cannot be guaranteed a resolution within the defined period. Further, if there is an issue with a third party provider (e.g. AWS, Clickatell), the above service levels cannot be guaranteed and a best efforts approach will be applied.


Software Bugs

A software regression (bug) is defined as the software having been designed and evidenced to work in a previously understood way in relation to it’s handling, calculating and reporting of data, however, subsequent to a release this known behaviour has then altered and been found to negatively impact a customer’s workflows or data integrity. The above table shall not apply to the response and resolution of software bugs, which will be addressed and resolved in system updates, as and when required.

7.0 Notification of Data Breach

We shall, within one calendar day of discovery, report to You any (i) actual or potential loss or misuse (by any means) of Your Data, (ii) inadvertent, unauthorized, and/or unlawful processing, disclosure, access, alteration, corruption, transfer, sale, rental, destruction, or use of Your Data; or (iii) other act or omission that compromises or may compromise the security, confidentiality, preservation, or integrity of Your Data (each of the forgoing events a “Security Breach”). We shall use best efforts to immediately remedy any Security Breach and prevent any further Security Breach at Our expense in accordance with applicable privacy rights, laws, regulations and standards. We shall also pay all costs and expenses of all efforts that are necessary, reasonable, and appropriate under the circumstances, or required by applicable law (collectively, “Remediation Efforts”) to remedy the cause and effects of the Security Breach to the extent that such Security Breach including, but not limited to all costs of notice and/or remediation.

8.0 Business Continuity / Disaster Recovery

Fusion Sport partners with globally recognised commercial cloud hosting providers and can provide database backups every two minutes for its hosted sites. This means that, in the event of a disaster, there will be a back up copy of the system and the data for customers to access. As outlined in the Terms, you can also choose to nominate a person from your Project to receive a back up of all of your information every 24 hours. This provides you with an additional level of data security.