Tripwire® ExpertOps™ Service Level Agreement

Overview

This Service Level Agreement applies to the ExpertOps Service provided by Tripwire as described in an order. Whether the software is hosted by Tripwire in the cloud (“Hosted”), or on-premises by the Customer (“Remote Operations”), the Tripwire ExpertOps Service includes system administration provided by Tripwire’s Managed Services during the ExpertOps Services term. Service level targets vary based on the Service Tier selected by the Customer: Essential, Advanced or Advanced Plus. 

1. Service Requests

Note: Service request response targets are based on Tripwire business hours, 6:00am-6:00pm Pacific, Monday-Friday, excluding national holidays.

Urgent Service Request: An immediate audit or regulatory need that has an impact on an ongoing breach investigation, or a configuration request that addresses an issue that impacts more than 50% of the environment monitored by the ExpertOps Service. All urgent service requests must be submitted via telephone or through a ticket/case in the Tripwire Customer Center (TCC) and annotated with the correct request type. Implementation timeframes will vary based on the nature of the request and the service tier.

Routine Service Request: A minor adjustment to configurations or a request for further information on reporting or analysis that is in scope for the Customer’s service tier. Implementation timeframes will vary based on the nature of the request and the service tier.

Major Service Request: Any request that will take longer than 8 hours to complete. This could include major reporting or dashboard changes, policy imports, requests for application monitoring, or in-depth analysis of compliance or FIM reporting. Implementation timeframes will vary based on the nature of the request and the service tier.

2. Fault Identification

Note: This section does not apply to Remote Operations

Tripwire Managed Services will notify the Customer Lead of an outage of either the hosted environment or connectivity to the Customer environment according to the schedule below. For clarity, an outage of the Customer ExpertOps portal shall not constitute a service fault. Examples of service faults:

• Communication failure between proxy appliance and ExpertOps infrastructure.
• Data is not flowing between proxy appliance and ExpertOps TE console
• Application services are not available. (i.e. ExpertOps TE console or Customer cannot logon to view their instance in the cloud)

*Service fault response target is defined as the amount of time to respond once an outage is detected by Tripwire Managed Services.  Service fault response and resolution targets are based on Tripwire business hours, 6:00am-6:00pm Pacific, Monday-Friday, excluding national holidays.

**Service fault resolution targets apply only to service faults caused by issues or events under Tripwire’s sole control.  For example, if the service fault is caused by an issue with the proxy appliance, and Tripwire cannot access the host and resolve the issue remotely without the Customer’s assistance, these targets do not apply.

3. Service Level Credits

Service level targets include service request response targets, service fault response targets, and service fault resolution targets (“Service Level Targets”). The claim process for a Customer to request a remedy for any missed Service Level Target is set out below. This process is the sole and exclusive remedy for any Service Level Target that is not met.

3.1 Claim Submission. In order to receive a credit, the Customer must electronically submit a claim within ten (10) days after the date on which the Service Level Target was not met. The claim must be sent to [email protected] and contain the following information:

• “SLA Credit Request” in the email subject line
• Customer’s name
• Customer contact name
• Customer contact phone number
• Case or ticket number
• Description of the Service Level Target not met and the date of the failure

3.2 Claim Review and Determination. Tripwire will make all credit determinations in its reasonable discretion and will notify the Customer contact in writing (which may be in the form of an email) of its decision. If any request is rejected, Tripwire’s notification will provide the reasons for the rejection.

3.3 Service Level Credits. For all accepted claim requests, Tripwire will provide a service level credit to the Customer equal to the pro-rated charges for one full day of the affected services (i.e., 1/365th of the annual fee) for each day during which one or more of the Service Level Targets was not met (“Service Level Credits”). Any Service Level Credits accrued will be credited against the fees owed by the Customer to Tripwire. Service Level Credits issued pursuant to this Service Level Agreement apply to outstanding or future invoices only and are forfeited upon termination of the applicable agreement.

3.4 Service Level Credit Exceptions. Service Level Credit requests will not be accepted if Tripwire’s failure to meet the Service Level Target results from (i) the Customer’s failure to meet its obligations set forth in the ExpertOps Service Description and Service Agreement; (ii) the Customer’s material impediment of Tripwire’s efforts to meet the Service Level Target; (iii) the Customer’s negligent acts or omissions; (iv) the failure or malfunction of equipment, applications or systems not owned or controlled by Tripwire; (v) circumstances or causes beyond the reasonable control of Tripwire; or (vi) scheduled and pre-announced maintenance periods.

3.5 Maximum Credits. If multiple Service Level Credits are accrued for the same date, such Service Level Credits will not be cumulative. The maximum Service Level Credit for one day, regardless of the number of Service Level Targets missed, will be the pro-rated service charges for that day. Under no circumstances shall Tripwire be required to issue Service Level Credits to Customer in any one calendar month totaling more than ten days of service fees.

4. Service Level Agreement Updates

Tripwire reserves the right to update or otherwise change this Service Level Agreement upon 30 days’ notice.  Any changes to this Service Level Agreement shall be effective upon publication by Tripwire, by way of posting such changes at: www.tripwire.com/terms.

October 2020