1. Overview

This Service Level Agreement (“SLA”) outlines the service level expectations between Heart Zones, Inc. (“Heart Zones” or “Software Provider”) and the client (“Client”) for software and web portal services provided. The purpose of this SLA is to define the levels of service and support that Heart Zones agrees to provide to the Client.

 

  1. Services

Heart Zones agrees to provide the following services to the Client:

 

  • Provision of software application (Heart Zones Move and Heart Zones ePE) and web portal (Heart Zones Connect Portal) to enable the Client to access data as per agreed specifications
  • Assistance with software and web portal installation and configuration
  • Training and support services for the software and web portal
  • Bug fixes and software and web portal updates
  • Regular data backups and recovery processes
  • Compliance with data requirements governed by regulatory requirements for CIPA, FERPA, and COPPA
  • Process to recover or secure District’s data upon termination of services

 

  1. Service Levels

Heart Zones agrees to meet the following service level objectives:

 

  • Provision of software application and web portal that meet the agreed specifications and are free from defects
  • Assistance with software and web portal installation and configuration within agreed-upon timelines
  • Training and support services that are provided in a timely and professional manner
  • Resolution of software and web portal issues reported by the Client within agreed-upon timelines
  • Regular software and web portal updates and bug fixes
  • Regular data backups and recovery processes that meet the agreed-upon Recovery Point Objective (RPO) and Recovery Time Objective (RTO)
  • Compliance with data requirements governed by regulatory requirements for CIPA, FERPA, and COPPA
  • Process to recover or secure District’s data upon termination of services

 

  1. Escalation Procedures

Heart Zones will provide the Client with a point of contact for service-related issues. If Heart Zones is unable to meet the service level objectives specified in this SLA, the following escalation procedures will be followed:

  • Level 1: The Client will contact Heart Zones’ designated point of contact to report the issue
  • Level 2: If the issue is not resolved within the agreed-upon timeframes, the Client may escalate the issue to Heart Zones’ account manager or supervisor
  • Level 3: If the issue remains unresolved, the Client may escalate the issue to Heart Zones’ executive management

 

  1. Service Reporting

Upon request, Heart Zones will provide regular reports to the Client detailing the performance of the services provided under this SLA. The report will include information on the availability of the software and web portal, response and resolution times for reported issues, and any outstanding issues. The report will also include details of data backups and recovery processes, as well as compliance with data requirements governed by regulatory requirements for CIPA, FERPA, and COPPA.

 

  1. Service Fees

The fees for the software application and web portal services provided under this SLA will be outlined in a separate contract or agreement between the Client and Heart Zones. Any additional services requested by the Client will be subject to additional fees.

 

  1. Security and Confidentiality

Heart Zones will take appropriate measures to ensure the security and confidentiality of the data accessed by the Client through the software application and web portal. The Client agrees to comply with all applicable laws and regulations relating to the use of the software application and web portal, as well as data requirements governed by regulatory requirements for CIPA, FERPA, and COPPA.

 

  1. Termination

Either party may terminate this SLA with 30 days’ written notice.

 

  1. Force Majeure

Heart Zones shall not be liable for any failure or delay in performing its obligations under this SLA if such failure

 

  1. Governing Law

This SLA shall be governed by and construed in accordance with the laws of the state of California.

 

By signing below, the parties agree to the terms and conditions set forth in this IT Service Level Agreement.