FACTORY NETWORK FOR APPAREL – SERVICE LEVEL AGREEMENT

v1.0 – 26 November 2021

This FACTORY NETWORK FOR APPAREL Service Level Agreement (“FNA SLA”) provides for the configuration and production operation of the FACTORY NETWORK FOR APPAREL product module (“FNA”) within a Customer cohort of Activation Partners.

This FNA SLA is incorporated into the EVRYTHNG Platform Terms and Conditions. The defined terms below are applicable to the FNA SLA. All definitions used and not defined herein will have the meanings set forth in the EVRYTHNG Platform Terms and Conditions.

 

Definitions

FACTORY NETWORK FOR APPAREL” or “FNA” is the EVRYTHNG Product Cloud® module defined in the Service Description

“ACTIVATION PARTNER” is a single factory or manufacturing site in which FNA is deployed to enable commissioning of Active Digital IdentitiesTM to Customer Products and Product Tags.

“AUTHORISED THIRD PARTY” means a third party supplier, including but not limited to print service providers, under contract with Customer to provide labels or product tags or similar services in relation to the Customer Products and that is provided authorisation by the Customer to access FNA for the purposes of the Customer’s use thereof.

“BUSINESS HOURS” means Monday to Friday 09:00 to 17:00 Eastern Standard Time (excluding US national holidays) for North and South America, and 09:00 to 17:00 British Standard Time (excluding UK national holidays) for the United Kingdom, Europe, Africa and any other market.

CERTIFIED HARDWARE” means the hardware (such as mobile devices, tablets and scanners) authorised by EVRYTHNG for operation of FNA and which meets the minimum hardware and software specifications as published by EVRYTHNG from time-to-time to Customers and Activation Partners.

EVRYTHNG SERVICE DESK” is the online portal provided by EVRYTHNG for the purpose of managing ticketing workflows for Activation Partner configuration and production operation support across all Support Levels.

INCIDENT” means a reported issue with FNA operating within the Customer’s Platform Account.

“SUPPORT LEVEL” means the subdivision into tiers of the Parties involved in provision of support for in-factory configuration and live operation of FNA.

 

Activation

Responsibility for deploying a Customer cohort of Activation Partners to the EVRYTHNG global network is as follows:

OWNERRESPONSIBILITY
ACTIVATION PARTNERPurchase, install and test Certified Hardware, the Customer instance of FNA and Customer Product Tags
EVRYTHNGCustomer Data integration contracts for deployment by the Customer or its Authorised Third Party. EVRYTHNG Service Desk portal for configuration and testing workflows for each Activation Partner.
CUSTOMERCustomer cohort of Activation Partners, Customer Products, Product Tags and the sequence of configuration. Customer Data integrations.
AUTHORISED THIRD PARTYProduct Tags applied to Customer Products. Label testing and quality assurance to the required ISO/IEC grading standard. Customer Data integration services.

EVRYTHNG will apply all commercially reasonable efforts to deploy an Activation Partner to production readiness within the following elapsed timeframes, notwithstanding that the Activation Partner and Authorised Third Party must fulfill hardware and label orders to meet this deployment commitment:

  • Four (4) weeks where Customer identifies an existing Activation Partner on the EVRYTHNG global network
  • Eight (8) weeks where Customer identifies a new Activation Partner to the EVRYTHNG global network

Support Levels

Responsibility for support and resolution of issues experienced relating to production operation of FNA is described in the following Support Levels :

LEVELOWNERRESPONSIBILITY
L1ACTIVATION PARTNERCertified Hardware – for example tablet, mobile device or scanner – on which FNA is accessed and operated.
L2EVRYTHNGActivation Partner support for production operation of FNA. Support to the Customer in resolving data and data integration issues impacting the same.
L3CUSTOMERSource data residing within the Customer systems, for example ERP. The data integration solution, where deployed by the Customer or Authorised Third Party.
L4AUTHORISED THIRD PARTYCustomer Data integration monitoring and support. Ongoing fulfillment of Product Tags to required ISO/IEC grading standard.

Ticketing Workflows

Support and resolution of Incidents raised by Activation Partners (L1) will be handled according to a ticketing workflow published between EVRYTHNG (L2), Customer (L3) and Authorised Third Party (L4). Tickets must be raised within the EVRYTHNG Service Desk. During resolution all Support Levels will supply any additional information reasonably requested by EVRYTHNG in English and make appropriate resources available to assist in timely problem verification and resolution. EVRYTHNG is responsible for triaging and managing Service Desk tickets according to the specified ticketing workflow. Activation Partner shall submit a Severity Level assessment for each Incident. The Severity Level assessment is subject to EVRYTHNG approval and any disagreement on the matter shall be escalated to Customer. Each Support Level will provide escalation support contacts in the event of failure of the Service Desk support channel.

 

Severity Levels

Incidents raised within the EVRYTHNG Service Desk will be triaged by EVRYTHNG according to the following Severity Levels:

SEVERITYDESCRIPTIONCLASSIFICATION
S1A critical Incident prevents operation of the FNA service. No procedural workaround for the Activation Partner is available.Critical
S2Impacts major functionality of FNA resulting in service degradation with a high negative impact on Activation Partner operations. No reasonable workaround exists.Major
S3There is a partial, non-critical loss of FNA with a medium-to-low impact on operations, but the process continues to function. Short term workaround is available, but cannot be scaled.Minor
S4No service impact, non-critical incident. General questions, enhancement requests, or documentation issues.Trivial

Response & Resolution Times

Customer and EVRYTHNG will apply all commercially reasonable effort to provide support consistent with the response and resolution targets set forth below:

Severity Support AvailabilityInitial ResponseResolution Target
S124 hours a day, 7 days a weekReply within 1 hourDefect Correction or Workaround within 4 hours
S224 hours a day, 7 days a weekReply within 4 hoursDefect Correction or Workaround within 24 Business Hours
S3Business HoursReply within 24 Business HoursDefect Correction or Workaround within 48 Business Hours
S4Business HoursReply within 48 Business HoursAcceptance/rejection of feature within 30 days (elapsed) with confirmed target Release date

General Terms

  • EVRYTHNG reserves the right to amend the FNA SLA from time to time at its discretion and with notice to Customer provided that such amendments shall not reduce the scope of service or quality of service previously provided to the Customer.
  • This SLA is applicable to the FNA product module and associated Customer specific elements which enable commercial operation, including Customer Products, Customer Applications, Product Tags, any Authorised Third Party services, any data and code elements originated by the Customer or its agents and placed within the Customer’s Platform Account, and any meta-data and configurations of the Customer’s Platform Account and associated software tools undertaken by the Customer or the Customer’s agents or personnel.
  • EVRYTHNG reserves the right to amend the list of Certified Hardware compatible with FNA at any time, included but not limited to this resulting from security concerns, deprecation of OS versions, withdrawal from sale of hardware, device-specific hardware or software bugs, or any other reason where continuing to support that hardware would have an adverse effect on the operation of EVRYTHNG Product Cloud® and/or FNA product module or the integrity of Customer Data or operations. EVRYTHNG shall apply all reasonable commercial effort to provide a sixty (60) day notice period before support for specific hardware or software is deprecated.
  • EVRYTHNG maintains the right to cease, cancel or increase pricing for support services with a specific Activation Partner in the event that the Activation Partner materially breaches its obligations under ACTIVATE App Terms of Use or fails to cure such breach within a reasonable time.
  • EVRYTHNG maintains the right to cease, cancel or increase pricing for support services pertaining to a specific Authorised Third Party operating as the Customer’s print service provider, in the event that this party fails to comply with the following ISO/IEC grading standards for Product Tags or fails to cure such breach within a reasonable time:
    • For 1D codes such as GS1-128, a symbol grade of C or higher based on the ISO/IEC 15416 standard
    • For 2D codes such as QR and DataMatrix, a symbol grade of C or higher based on the ISO/IEC 15415 standard
  • Use by the Customer or Activation Partners of any component of FNA provided by EVRYTHNG that is designated alpha release, beta release, for developer preview or for testing, or descriptions of a similar import, shall be excluded from this FNA SLA.
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