Intakesoft Service Legal Agreement

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  • Service Availability Commitment.
    It is the goal of Intakesoft, LLC (“Intakesoft”) to have its Services available to Customers twenty-four hours a day seven days a week, with the exception of Planned Downtime. Intakesoft will use commercially reasonable efforts to provide Customers with average annual availability (excluding Planned Downtime) that is equal to or greater than 99.99%. Intakesoft’s records and data shall be the basis for all service availability calculations and determinations.
  • Planned Downtime
    • Planned Downtime, Planned downtime occurs when the Customer has no access to the Services due to scheduled maintenance by Intakesoft or Intakesoft’s data center host (“Planned Downtime”).
    • Scheduling of Planned Downtime. Intakesoft will make commercially reasonable efforts to schedule Planned Downtime at a time and manner reasonably anticipated to minimize disruptions to all of its affected customers. It is anticipated that Planned Downtime will include scheduled maintenance and application upgrades.
    • Notice for Planned Downtime. Intakesoft will use commercially reasonable efforts to provide twenty-four (24) hours prior notice for scheduled Planned Downtime not to exceed one (1) hour. For all Planned Downtime scheduled to last one (1) hour or more, Intakesoft will use commercially reasonable efforts to provide at least seventy-two (72) hours prior notice.
  • Severity Levels
    • Unplanned service interruption occurs when the Customer’s access to Services is affected by problems of severity level 0 through 4 (“Unplanned Service Interruption”). Severity levels for Unplanned Service Interruptions are described in the following schedule.

Severity  “0”
Unplanned Disruption Description
Unplanned Downtime due to Complete System Failure. Level 0 issues result in complete system failure due to the servers or network on which the Services are accessed not being available for a continuous period lasting greater than fifteen (15) minutes in length, but excluding the following: (i) any failure by a Customer to access Services caused by any failure, interruption, outage or other factors outside of Intakesoft’s direct control, including without limitation, issues associated with Customer’s computers, local area networks or internet service providers, any internet connectivity not under Intakesoft’s direct control, any Force Majeure event or any event resulting from any actions or inactions of Customer, Customer’s agents or any third parties, (ii) unavailability that is caused by any equipment or Internet Service Provider that is not within the direct control of Intakesoft: (iii) unauthorized use of or modifications to hardware or software, and (iv) Planned Downtime.

Severity  “1”
Unplanned Disruption Description
Inoperable Business or Clinical Function. Level 1 issues have a negative impact on a significant clinical function of the Services. This category is characterized by (i) major functionality loss and/or (ii) more than one important feature not working.

Severity  “2”
Unplanned Disruption Description
Business or Clinical Function Limitation. Level 2 issues result in narrow functional limitations and situations that do not currently impair the Customer’s business or clinical activities while using Services. This category is characterized by (i) impaired functions that are used daily, (ii) an issue that adversely affects clinical performance, and/or (iii) a temporary workaround being available.

Severity  “3”
Unplanned Disruption Description
Limited Occurrence Customer Issue. Level 3 issues result in a negative impact on specific functions within the Service that do not negatively impact daily operations. These issues are characterized by infrequent occurrence and/or intermittent function.

Severity  “4”
Unplanned Disruption Description
Minor System Issue. Level 4 errors are issues that do not affect business or clinical operations or have only a minor impact.

  • Unplanned service interruption occurs when the Customer’s access to Services is affected by problems of severity level 0 through 4 (“Unplanned Service Interruption”). Severity levels for Unplanned Service Interruptions are described in the following schedule.
  • Intakesoft will use commercially reasonable efforts to respond to Unplanned Service Interruptions, 24x7x365 that are reported through one of Intakesoft’s Customer Support channels listed here using the guidelines below:

Severity  “0”
Unplanned Downtime Due To Complete System Failure
Response Objective: < One Hour
Restore Objective Intakesoft will work 24 hours a day 7 days a week to restore service

Severity  “1”
Inoperable Business or Clinical Function
Response Objective: < One Hour
Restore Objective Intakesoft will work 24 hours a day 7 days a week to restore service

Severity  “2”
Business or Clinical Function limitation
Response Objective: < One Business Day
Restore Objective Intakesoft will work during normal business hours to address issue

Severity  “3-4”
Limited Occurrence Customer Issue or Minor System Issue
Response Objective: < Two Business Days
Restore Objective Intakesoft will use commercially reasonable efforts to address issue

  • Unplanned Service Interruption. In the event Customer experiences a Level 1 or 0 Unplanned Service Interruption in any calendar month, subject to the conditions set forth in this Section 4, Customer shall be eligible to receive from Intakesoft a service credit “Service Credit” in accordance with the following schedule: