Duck Creek OnDemand Service Levels

About this Document

This document was revised on November 19, 2021.

This Service Level Agreement for Duck Creek OnDemand Services (this “SLA”) is a part of your Duck Creek Software-As-a-Service agreement (the “Agreement”). Capitalized terms used but not defined in this SLA will have the meaning assigned to them in the Agreement. This SLA applies to the Duck Creek OnDemand Services listed herein (a “Service” or the “Services”).

If we do not achieve and maintain the Service Levels as described in this SLA, you may be eligible for a credit towards a portion of your Monthly Service Fees. We will not modify the terms of your SLA during the Initial Term of your Service Order(s); however, if you renew your Service Order(s), the version of this SLA that is current at the time of renewal will apply throughout your Renewal Term. You can review the most current version of this SLA at any time by visiting https://www.duckcreek.com/duck-creek-ondemand-service-levels/

Prior Versions of this SLA

This SLA provides information on Services currently available. To obtain an earlier version of this SLA, you may contact your OnDemand Service Manager.

Definitions

“Downtime” means the amount of time the Services are scheduled to be Available but are not, where “Available” means that the Services can be accessed and used by Users. Downtime does not include Scheduled Downtime. Downtime does not include unavailability of a Service due to the Limitations described below.

“Incident” per ITIL v3 is defined as “An unplanned interruption to an IT Service or a reduction in the Quality of an IT Service.”

“OnDemand Service Manager” means the Duck Creek employee assigned to Customer as their primary point of contact for questions and escalations regarding Duck Creek OnDemand Services including specific Incidents, Problems, and Updates.

“Problem” per ITIL v3 is defined as “A cause of one or more Incidents. The cause is not usually known at the time a problem record is created, and the problem management process is responsible for further investigation.”

“Production Data” means all data entered into the Production Environment by, or on behalf of, a User, including via batch or other processes such as conversion of data from Customer’s legacy production system(s) into Duck Creek. Production Data shall exclude reference data, including Customer’s rates, rules, and forms which are not specific to a User.

“Scheduled Downtime” means periods of Downtime related to network, hardware, or Service maintenance or upgrades. Duck Creek shall publish notice or notify Customer at least five (5) days prior to the commencement of such Downtime.

“Service Credit” is the amount of the Monthly Service Fees credited to Customer by Duck Creek following a Service Level Failure.

“Service Level” means the performance metric(s) set forth in this SLA that Duck Creek agrees to meet in the delivery of the Services.

“Service Level Failure” means the failure by Duck Creek to meet a Service Level as defined in Table 1: Service Levels.

“Support Hours” The Duck Creek OnDemand Help Desk and Severity 1 Support shall be available 24 hours per day, 365 days per year. Support for Severity 2, 3, and 4 incidents shall be provided from 7pm CT Sunday through 7pm CT Friday.

“Uptime” means the amount of time the Services are scheduled to be Available. The Uptime for the Services in the Production Services Environment is 24 hours per day, 365 days per year, excluding Scheduled Downtime.

Service Tiers

Duck Creek products are categorized into two tiers. The following is a list of all Tier One Services:

• Duck Creek Policy OnDemand (including Duck Creek Rating OnDemand)
• Duck Creek Rating OnDemand (if Duck Creek Policy OnDemand is not also contracted)
• Duck Creek Billing OnDemand
• Duck Creek Claims OnDemand (including First Notice of Loss OnDemand)
• Duck Creek First Notice of Loss OnDemand (if Duck Creek Claims OnDemand is not also contracted)
• Duck Creek Digital Engagement Producer OnDemand

All Duck Creek OnDemand Services not listed in Tier One above are included in Tier Two. Service Levels and Service Credits vary based on the Service Tier.

Service Levels

Below are the quantitative Service Levels against which Duck Creek’s performance of the Services shall be measured. Commencing on the date in which the Services receive Production Data for the first time, Duck Creek shall perform the Services at or above the Service Levels as set forth in the table below.

Duck Creek shall measure performance with respect to the Service Levels and shall provide a report containing the monthly Availability metrics to Customer within the first fifteen (15) days of the month that follows the time period for which the report applies.

During the period between the Go Live Date for each contracted Service and the date which is one (1) calendar month from that date, Duck Creek shall use commercially reasonable efforts to perform the Services at or above the Service Levels. However, Duck Creek shall not be liable for Service Level Credits or other remedies that might otherwise arise from any Service Level Failures that occur during such period. For the purposes herein, “Go Live Date” means the date(s) when each of the Services (e.g., Duck Creek OnDemand Policy) receive production data for the first time.

Limitations

It shall not be a breach of the Agreement, this SLA, or any warranties to the extent Downtime is caused by:

• Scheduled Downtime for the Services;
• Customer-requested application deployments;
• Service Level Failures or performance degradation that result from the use of services, hardware, or software not provided by Duck Creek, including, but not limited to, issues resulting from inadequate bandwidth, or related to third-party software or services;
• Service Level Failures or performance degradation that result from Duck Creek Anywhere Managed Integrations, provided the cause of the Service Level Failure or degradation is not within Duck Creek’s direct control;
• A Force Majeure Event or other factors outside Duck Creek’s reasonable control (for example, natural disaster, war, act of terrorism, riot, pandemic, government action, or a device failure external to our data centers), provided that the foregoing does not excuse Duck Creek from complying with its disaster recovery obligations;
• Customer’s (or Customer’s third-party vendors, employees, agents, contractors or anyone gaining access to the Services by means of Customer’s passwords or equipment) (i) failure to perform its responsibilities set forth in the Agreement or (ii) acts, errors, omissions or breaches of the Agreement, where in either case such failure, acts, errors, omissions or breaches directly or indirectly cause the failure to meet the Service Levels;
• Customer’s failure to provide requested information, data, or cooperation in a reasonably timely manner where such failure contributed to the Service Level Failure;
• Production throttling (i.e., a reduction in the Services) at Customer’s request;
• Service Level Failures or performance degradation that result from Customer’s application logic, code, or Customer Content errors;
• Service Level Failures or performance degradation that result from Customer’s failure to: adhere to any required configurations, use supported platforms, or use of the Services in a manner inconsistent with the features, functionality, and published guidance of the Service (for example, attempts to perform operations that are not supported); or
• Portion(s) of the Services that are designated as trial, pre-release, or beta services.

Upon request by Customer, Duck Creek may aid Customer in resolving these problems. Prior to commencing any such work, Duck Creek shall submit a Change Order or Statement of Work to Customer for any such proposed work and the fees it proposes to charge Customer for time investigating these problems if the source of the problem was not the Service.

Service Credits

Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under this SLA. You may not unilaterally offset your Monthly Service Fees for any performance or availability issues. Service Credits apply only to fees paid for the particular Service for which a Service Level has not been met.

Service Levels are measured each calendar month. The total amount of Service Credits that Duck Creek shall be obligated to credit to Customer each month shall be reflected on the next invoice. If no future invoices remain under the term of the applicable Service Order(s), Duck Creek will send Customer a check for the owed Service Credit.

For any month where Duck Creek fails to meet the applicable Service Level, Duck Creek shall provide to Customer a Service Credit for the missed Service Level, as defined below: Service Credit = (Monthly Service Fee) x (Credit Percentage) x (Product Weight).

The Credit Percentage varies based on the severity of the Service Level failure, as follows: Credit Percentage = 1% for every 0.05% below the Application Availability metric, as shown in the Table 1 above.

There is a maximum Service Credit (the “Credit Percentage Cap”) which varies based on the Customer’s selected Service Class as follows:

SERVICE CLASS	SILVER	GOLD	PLATINUM
Credit Percentage Cap	20%	30%	40%

The Product Weight for each Tier One Service is the percentage of the Service Credit allocated to each of the Duck Creek Tier One Services for which Customer has contracted at the time of the Service Level Failure. Each of the Duck Creek Tier One Services is weighted equally, and the actual weight for the calculation depends on the number of those Tier One Services for which Customer has contracted at the time of the Service Level Failure. The Product Weight is calculated as follows: Product Weight = 1 / (Number of contracted Duck Creek Tier One Services). The Product Weight for each Tier Two Service is 10%.

If Service Level Failures occur for more than one Duck Creek Tier One Service in a given month, the sum of the corresponding Service Credits will be credited to Customer. However, if a single event or issue results in Duck Creek’s failure to meet multiple Service Levels (or the same Service Level for multiple Services), then Duck Creek shall apply only the highest Service Level Credit from the associated Service Level Failures. Not withstanding the foregoing, in no event shall the amount of Service Credits credited to Customer with respect to all Service Level Failures occurring in a single month exceed, in total, the Credit Percentage Cap.

The following is an example of the Service Level Credit calculation:

1. Example Assumptions:
   • Customer has contracted for Duck Creek Policy OnDemand (including Rating), Duck Creek Billing OnDemand, Duck Creek ClaimsOnDemand (including FNOL), and Duck Creek Insights Data Hub – Claims OnDemand.
   • Customer has contracted for the Gold Service Class.
   • Monthly Service Fee = $150,000.
   • Actual Duck Creek Policy OnDemand Availability in August = 100%
   • Actual Duck Creek Billing OnDemand Availability in August = 99.57%
   • Actual Duck Creek Claims OnDemand Availability in August = 99.63%
   • Actual Duck Creek Insights Data Hub – Claims OnDemand Availability in August = 98.80%
2. Example Calculations:
   • No Service Level Credit is due for Duck Creek Policy OnDemand because it is over the 99.75% Service Level for the Gold Service Class.
   • Duck Creek Billing OnDemand Service Credit = $150,000 x 3% x 1/3 = $1,500
     • The Credit Percentage = 3% because the 99.57% was 0.18% less than the SLA of 99.75%, and there is a 1% Credit Percentage for every 0.05% below 99.75%.
     • The Product Weight = 1/3 because Duck Creek Billing OnDemand is one of three contracted Duck Creek Tier One Services.
   • Duck Creek Claims OnDemand Service Credit = $150,000 x 2% x 1/3 = $1,000
     • The Credit Percentage = 2% because the 99.63% was 0.12% less than the SLA of 99.75%, and there is a 1% Credit Percentage for every 0.05% below 99.75%.
     • The Product Weight = 1/3 because Duck Creek Claims OnDemand is one of three contracted Duck Creek Tier One Services.
   • Duck Creek Insights Data Hub – Claims OnDemand Service Credit = $150,000 x 4% x 10% = $600
     • The Credit Percentage = 4% because the 98.80% was 0.20% less than the SLA of 99.0%, and there is a 1% Credit Percentage for every 0.05% below 99.0%.
     • The Product Weight = 10% because Duck Creek Insights Data Hub – Claims OnDemand is a Duck Creek Duck Creek Tier Two Service, and all Tier Two Services have a Product Weight of 10%.
   • Total Service Credit applied to the September invoice is $3,100 (the sum of the three individual service credits).