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Service Level Agreement
Smarter Sorting 

Last updated: December 5, 2022

This Service Level Agreement (“SLA”) is used by Waste Repurposing, Inc DBA Smarter Sorting (“Smarter Sorting”) with its Customers as a guide for the Smarter Sorting Services contained within the Supplier Agreement Agreement (“Agreement”), which is available at https://www.smartersorting.com/legal/supplier-agreement. Upon execution of an Order, Smarter Sorting shall adhere to the following SLA in regards to the standard Smarter Sorting Services and the uptime of the Smarter Sorting Platform.  Any defined terms that are not defined in this SLA shall have the definitions from the Agreement.

Maintenance and Support

Smarter Sorting will provide support to Supplier for the Platform during the Term. Such support shall include unlimited support by email and telephone during Smarter Sorting’s business hours to answer operational questions and to allow Smarter Sorting to report issues relating to the Platform.  Smarter Sorting will promptly respond to and resolve all requests from Supplier.

Smarter Sorting will continuously maintain the Platform and provide to Smarter Sorting, as applicable, all updates, upgrades, new releases, bug fixes, enhancements, error corrections, security patches and other improvements to the Platform at no additional charge to Supplier.  Smarter Sorting reserves the right to create additional products, services, and functional tiers available for an additional charge which shall be detailed in an applicable Order.

 

Service Levels 

1. Definitions.

1.1 “Business Hours” means weekdays 8:00 a.m. to 5:00 p.m. Central Time, excluding United States federal holidays.  “Non-Business Hours” means anytime other than Business Hours.

1.2. “Downtime” means that the Platform is unavailable for Supplier’s use. Downtime excludes downtime and unavailability resulting directly from any Service Level Exclusion.

1.3. “Emergency Maintenance” means any maintenance performed outside the Scheduled Maintenance windows without advance notice where such maintenance is reasonably and urgently required to protect the integrity, availability, or security of any online systems and/or the Platform. 

1.4. “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in such calendar month, divided by the total number of minutes in the calendar month. The applicable formula is

Monthly Uptime Percentage =

(Total Minutes in Month) – (Total Minutes of Downtime)

X 100

                (Total Minutes in Month)

For any partial calendar month during which Supplier has access to the Platform, the Monthly Uptime Percentage shall be calculated based on such partial calendar month. The determination of whether the Platform is available will be made mutually in good faith by the parties based on Supplier’s reporting and monitoring performed by Smarter Sorting.  Upon request, Smarter Sorting agrees to provide Supplier with a link that allows for the monitoring of the uptime availability.

1.5. “Regulated Products” means a product whose handling, transportation, or disposal is restricted by the federal, state, or local environmental, transportation, or safety rules and regulations referenced in Classifications below, or whose information is required by such rules and regulations to be known by retailers. 

1.6. “Service Level Credit” means the credit provided by Smarter Sorting in accordance with Section 2 (Service Levels and Credits) below.

1.7. “Service Level Exclusions” means unavailability resulting from: (a) denial of service attacks or Internet access or related problems beyond the demarcation point of Smarter Sorting; (b) any actions or inactions of Supplier; (c) Supplier infrastructure, equipment, software or other technology and/or third party equipment, software or other technology used by Supplier or Supplier’s use of the Platform in a manner inconsistent with the specifications and documentation; (d) Scheduled Maintenance of the Platform occurring in the ordinary course of business; (e) unscheduled Emergency Maintenance (but not to exceed 4 hours in any calendar month); or (f) any Force Majeure.

1.8. “Scheduled Maintenance” means the aggregate time when the production system of the Platform is down to permit Smarter Sorting to perform maintenance or upgrades.  Unless Smarter Sorting provides one week’s notice of an alternate time, Scheduled Maintenance may only occur during Scheduled Maintenance Hours.

1.9 “Scheduled Maintenance Hours” means between 10:00 p.m. and 6.00 a.m. Central Time weekdays, and anytime on weekends or United States federal holidays.

1.10 “Status Page” means https://www.smartersorting.com/platform-status.

2. Problem Severity

As long as Supplier is current in making the payments required by the Agreement, Smarter Sorting will respond to problems reported by a Supplier representative according to the problem severity levels defined below.

Smarter Sorting reserves the right to assign or modify the Severity of a given problem if one is not provided by the Supplier or if the submitted Severity level does not meet, in Smarter Sorting's sole discretion, the definition as defined below.

Severity

Definition

Example

Level 1 - Critical/Down

Loss of service to Smarter Sorting’s Platform or unauthorized data disclosure

  • The Platform is down, inoperable, inaccessible or unavailable

  • The performance or nonperformance of the Platform prevents useful work from being done (e.g., extreme and excessive latency preventing meaningful use by Supplier)

  • Results in Confidential Information or Supplier Personal Information being at risk of disclosure, unauthorized access, or manipulation

Level 2 - Major

Any condition which makes the use or continued use of any one or more functions of the Platform difficult and which Supplier cannot reasonably circumvent or avoid on a temporary basis without the expenditure of significant time or effort.

  • Inability to register and publish to retailers

  • Inconsistency in data but not as a result of erroneous Supplier input

  • Longer than anticipated delays in classifications

  • More than 24 hr delay in batch data transmission to Supplier systems, if applicable

Level 3 - Average

Any limited condition which is not critical in that no loss of data occurs and which Supplier can reasonably circumvent or avoid on a temporary basis without the expenditure of significant time or effort.

  • Change of control for Supplier Account, transition. E.g. Supplier user that owns account leaves Supplier company and account transition was not initiated by Supplier

  • Longer than expected maintenance window

Level 4 - Minor

A minor problem condition or error which Supplier can easily circumvent or avoid.

  • Expired user credentials

  • Browser compatibility issues

  • Supplier VPN or firewall configuration issue

3. Response Times

Smarter Sorting provides remote technical assistance via the Status Page, online knowledge base, email, and telephone, according to the Severity and within the response times detailed below.

The response times described below are only provided to Supplier and are applicable to software classified as “active and functionally stable” by Smarter Sorting and according to the Severity level of the reported problem.

These response times assume that any discovered problem can be reproduced by Smarter Sorting. If Smarter Sorting cannot reproduce the problem, a fix may not be provided according to these response times.

Smarter Sorting shall have no liability with regards to any time delay in Smarter Sorting’s response to the Supplier due to the Supplier’s failure to provide any information, including but not limited to corrected product information or any information required to help Smarter Sorting reproduce an issue.

Business Hours:

Severity

Target Response Time

Target Resolution Time

Target Update Frequency

Level 1

60 Minutes

8 Hours

1 Hour

Level 2

4 Hours

24 Hours

2 Hours

Level 3

24 Hours

5 Days

Daily

Level 4

48 Hours

Not Applicable

Not Applicable

Non-Business Hours:Severity

Target Response Time

Target Resolution Time

Target Update Frequency

Level 1

120 Minutes

12 Hours

6 Hours

Level 2

8 Hours

48 Hours

Daily

Level 3

48 Hours

120 Hours

Not Applicable

Level 4

48 Hours

Not Applicable

Not Applicable

This Agreement provides remote technical assistance via email. Supplier representatives are entitled to request technical assistance from Smarter Sorting technical support teams. Technical assistance will be provided for all requests during Business Hours and for severity level 1 requests and also during Non-Business Hours. Except for severity level 1 requests, Target Response Time, Target Resolution Time, and Target Update Frequency do not include Non-Business Hours.  Supplier is entitled to an unlimited number of technical support requests. 

Supplier is entitled to submit technical support requests by email. Once a Supplier representative submits a request, Smarter Sorting will begin notifying appropriate staff and assign a support specialist to the case.

Email: support@smartersorting.com

4.0   Escalation. 

Automatic escalation procedures are in place at Smarter Sorting to manage the resolution of errors when they occur.  If a severity level 1 problem incident is not resolved in the timeframe specified in Section 3, based on when Smarter Sorting was made aware of the Problem, the error will be escalated within Smarter Sorting.  The dedicated support specialist will drive escalation and resolution of the Error within Smarter Sorting groups, and ensure that Supplier is informed with the error resolution process.  In the event that Smarter Sorting does not respond to Supplier per the response objectives set forth above for each Severity Level Problem in this Section 2, Supplier can request that the error be escalated to the next contact level at Smarter Sorting, with continued escalation until resolution.  The Parties shall establish an escalation matrix and keep it updated with current contact information.  In addition, Smarter Sorting will maintain a formal escalation path which provides for escalation from Support Representative to Customer Success Manager, and from Customer Success Manager to VP of Customer Service. 

5.0   Maintenance Notifications. 

Supplier may register to receive notifications of Scheduled Maintenance using the Platform, or by consulting announcements on the Status Page.  Smarter Sorting will use reasonable commercial efforts to minimize Emergency Maintenance.

6.0.   Product Error Correction

6.1 Errors.  Smarter Sorting does not warrant that Smarter Sorting products are error free, although reasonable efforts are made to ensure Smarter Sorting products work as designed. Due to the technical complexities of Smarter Sorting products and the environments in which the products are used, newly reported and identifiable product errors may take several weeks, or months, to debug, write, test, and integrate a fix. For severity level 1 product errors, Smarter Sorting will make reasonable efforts to develop a workaround that can be used until the error has been resolved.

At its discretion, Smarter Sorting may make available a software update for newly reported and identifiable product errors of a critical nature. Smarter Sorting will perform reasonable testing of software updates prior to release, although such software updates may not undergo full system testing or integration testing. Smarter Sorting therefore does not warrant the behavior of any software update made available to the Supplier.

6.2   Identification of Product Errors.  In order to identify and resolve a problem, Supplier may be asked to provide additional data including, but not limited to:

  • Reproducible test case

  • Scenario definitions

  • Link to Smarter Sorting account

  • Link to Smarter Sorting specific application

  • Frequency of occurrence

  • Severity level

In order to verify a product error, Supplier must provide a complete description of the product error to enable Smarter Sorting to proceed with the problem investigation, including sufficient information to enable Smarter Sorting to reproduce the problem.

Supplier is responsible for all actions required to verify and substantiate the existence of a product error and to ascertain the conditions under which the problem may be duplicated.

6.3   Post Mortem and Root Cause Analysis (RCA) Reports.  The purpose of a post mortem is to report the results of Smarter Sorting formal review of an Error, to identify root causes of the Error, review the teams’ responses, and document corrective actions to improve response and prevent reoccurrence.  In response to Supplier’s written request, Smarter Sorting will create and submit a RCA report to Supplier within 5 business days of service restoration for those Errors classified as Severity Level 1 or Severity Level 2.  The RCA report will include an overview of the Error, the Error timeline, root cause and corrective actions taken. Upon request, Supplier may waive an RCA for Severity Level 2 Problems.  Post mortem and RCA reports are Confidential Information under the Agreement.

7.0.     Monthly Uptime

If the Monthly Uptime Percentage is less than 99.90% during any calendar month (a “Service Level Failure”), Supplier will be eligible to receive a Service Level Credit as described below:

Monthly Uptime Percentage

Service Level Credit

Less than 99.90% but equal to or greater than 99.50%

1 Day

Less than 99.50% but equal to or greater than 98.50%

2 Days

Less than 98.50% but equal to or greater than 95%

3 Days

Less than 95% but equal to or greater than 90%

4 Days

Less than 90%

5 Days

8.0  Service Credits. 

8.1  Calculation of Credits. The Service Level Credit is calculated as an accumulation of Days. 

8.2  Maximum Service Level Credit. The Service Level Credits awarded in any month shall not, under any circumstance, exceed fifteen (15) Days.

9.0 Service Level Credit Request and Payment Procedures.

9.1  Requesting a Service Level Credit. To receive a Service Level Credit, Supplier must submit a claim by email to support@smartersorting.com, with “Service Level Credit Request” in the subject header (a “Service Level Credit Request”). To be eligible, the Service Level Credit Request must be received by Smarter Sorting within sixty (60) days of the occurrence of the Service Level Failure and must include a description of each Service Level Failure that Supplier is claiming, including the dates and times of the Service Level Failure, and the applicable trouble ticket number(s) associated with the Service Level Failure.

9.2  Issuance of Service Level Credits. Provided that Supplier is up to date on all payments due to Smarter Sorting, and if the Service Level Failure is confirmed by Smarter Sorting, then Smarter Sorting will issue the Service Level Credit to Supplier within thirty (30) days following the month in which Supplier’s request is confirmed by Smarter Sorting and such Service Level Credits will be applied to Supplier’s next Order and/or Renewal Term. Supplier’s failure to provide the Service Level Credit Request and other information as required above will disqualify Supplier from receiving a Service Level Credit. Smarter Sorting will notify Supplier of the amount of any Service Level Credit, which shall be applied against future amounts owed by Supplier.

10.0 Exclusions. 

Smarter Sorting shall have no obligation to provide technical support services if a problem is caused by: (a) misuse of Smarter Sorting Platform (including any load testing or unreasonable traffic load), (b) any fault of Supplier’s agents or employees, (d) any attempts at modifications to the Smarter Sorting product performed by other than personnel of Smarter Sorting, (e) casualty, act of God, strikes, riot, war, the unauthorized acts of third parties, (f) failure or interruption of any electrical power, telephone, or communication line or like cause, (g) any other cause external to the Smarter Sorting product except ordinary use.

11.0 Third Party Vendor Support. 

Technical support from Smarter Sorting is not available for problems that arise as a result of the use of Smarter Sorting products in conjunction with software from third-party vendors.

12.0 Disaster Recovery. 

Upon declaration by Smarter Sorting of a disaster recovery event, Smarter Sorting shall use best efforts to restore services within 48 hours.