System Availability, Support Commitments & Financial Liability

This Service Level Agreement (“SLA”) forms part of the Master Services Agreement (“MSA”) between:

Crescendo Systems Corporation (“Provider”, “DigiWeb”)
and
The Client (“Client”)

This SLA defines system availability commitments, support response times, disaster recovery standards, and financial remedies in the event of extended service outages.

 

Service Scope

This SLA applies to the following DigiWeb services:

• DigiWeb Cloud Platform
• Dictation services
• Reporting & structured reporting modules
• Secure authentication services
• API integrations (PACS, RIS, EMR)
• Electronic signature & workflow services

Exclusions

This SLA does not apply to outages or failures caused by:

• Third-party service providers
• Microsoft Azure outages
• Microsoft Dragon Copilot outages 
• Nuance Dragon Medical One outages
• Internet service provider failures
• Local hardware or network issues

 

Service Availability (Uptime Commitment)

DigiWeb commits to the following monthly uptime targets:

Service	Guaranteed Uptime
DigiWeb Core Application	99.9% per calendar month
API & Integration Services	99.5% per calendar month
Authentication & User Access	99.9% per calendar month

Uptime Calculation

Uptime is calculated as:

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

Excluded from Downtime Calculations

The following are excluded from downtime calculations:

• Scheduled maintenance with 72-hour notice
• Emergency security patches
• Force majeure events
• Internet service provider outages
• Failures of third-party platforms, including:
  
  • Microsoft Azure
  • Nuance
  • PACS vendors
  • EMR vendors

 

Scheduled Maintenance

Scheduled maintenance may occur outside normal business hours.

• Clients will receive at least 72 hours advance notice
• Typical maintenance window: 1–3 hours monthly maximum

 

Incident Severity Classification

Severity	Description	Example
Severity 1 (Critical)	System-wide downtime	All users unable to log in
Severity 2 (High)	Partial outage	Dictation fails but portal remains operational
Severity 3 (Medium)	Feature degradation	Slow reporting performance
Severity 4 (Low)	Cosmetic or non-critical issue	Minor user interface display issue

 

Response & Resolution Targets

Severity	Initial Response	Acknowledgement	Restoration Target
Severity 1	60 minutes	30 minutes	4 hours
Severity 2	90 minutes	1 hour	8 hours
Severity 3	4 business hours	1 business day	3 business days
Severity 4	1 business day	2 business days	Best effort

 

Service Credits for Downtime (Financial Remedy)

If DigiWeb fails to meet uptime guarantees, the Client may be eligible for service credits. Service credits are the sole financial remedy available under this SLA.

Monthly Uptime	Service Credit
≥ 99.9%	No credit
99.5% – 99.89%	5% of monthly fee
99.0% – 99.49%	10% of monthly fee
< 99.0%	20% of monthly fee (maximum)

Conditions

• Credits apply to future invoices only
• Credits must be claimed within 30 days of the incident
• Client accounts must remain in good standing

 

Maximum Financial Liability Cap

To protect both parties, DigiWeb’s total financial liability for service downtime is strictly limited to the fees paid by the Client for the affected service during the previous three (3) months.

Under no circumstances shall DigiWeb be liable for:

• Loss of revenue
• Loss of business
• Loss of patients
• Loss of medical income
• Opportunity cost
• Reputational damages
• Indirect, incidental, punitive, or consequential damages

These limitations apply even in cases of extended service interruption, except where caused by proven gross negligence or willful misconduct.

 

Catastrophic Outage & Disaster Recovery

DigiWeb maintains:

• Geo-redundant hosting within Microsoft Azure
• Daily encrypted backups
• Formal disaster recovery procedures
• Target Recovery Time Objective (RTO): 4–8 hours
• Target Recovery Point Objective (RPO): Less than 15 minutes

In the Event of a Catastrophic Outage

DigiWeb will:

• Provide status updates every 60 minutes
• Deliver written post-incident reports to affected Clients

 

Client Responsibilities

The Client is responsible for:

• Internet connectivity
• Local workstation configuration
• Microphone hardware
• Local PACS and EMR system operation
• User access management
• Internal IT environment security

Failures caused by these factors do not qualify as DigiWeb downtime.

 

Third-Party Dependencies Disclaimer

DigiWeb integrates with third-party platforms including:

• Microsoft Azure
• 10 Duke
• Microsoft Dragon Copilot
• Nuance Dragon Medical One
• PACS/RIS vendors
• EMR vendors

The Client acknowledges that DigiWeb is not liable for service interruptions caused by these external platforms or providers.

 

SLA Exclusions

This SLA does not apply in cases involving:

• Cyberattacks on third-party systems
• Power outages occurring within the client’s infrastructure
• Ransomware incidents affecting the client’s environment or systems
• Incorrect usage or system misconfiguration by the Client
• Usage outside documented technical specifications

 

Regulatory Compliance

DigiWeb operates in alignment with applicable healthcare privacy and security regulations, including:

• PIPEDA (Canada)
• PHIPA (Ontario)
• Quebec Law 25
• HIPAA (United States)
• SOC 2 security controls alignment

 

SLA Amendments

DigiWeb may update this SLA with sixty (60) days written notice.

Any updates will apply only to future billing cycles.

 

SLA Summary

DigiWeb guarantees:

• 99.9% uptime commitment
• Enterprise-grade disaster recovery
• Defined response and restoration targets
• Transparent service credit policies
• Capped financial liability protections

This SLA is designed to provide operational reliability while establishing clear expectations and protections for both DigiWeb and its clients.