Medidata Hosting and Support Services Policy
Medidata Hosting and Support Services Policy
The Hosting and Support Services Policy governs the provision of Hosting and Support Services by Medidata Solutions, Inc. (“Medidata”) for the applications that Medidata provides Customers and Partners (“Clients”) pursuant to the terms and conditions contained within the applicable agreement (the “Agreement”) between Medidata and Clients. Unless otherwise noted, this Policy is subject to the terms of the Agreement and capitalized terms contained herein shall have the meanings set forth in the Agreement.
A. Service Descriptions. The following Hosting and Support Services shall be provided for the supported versions of the Medidata Application Services.
I. Hosting Services. Medidata provides Hosting Services to its Clients in accordance with this Policy which enables secure access to a Client’s Data. Medidata provides robust 24/7 monitoring and performs monthly measurements for its Clients.
II. Support Services. Medidata provides Support Services for Medidata Applications to its Clients including: (i) real-time technical and operational assistance to Client’s designated personnel via telephone, e-mail and web support; (ii) application of upgrades, patches, error corrections and bug fixes during normal scheduled maintenance periods; (iii) updates to the application documentation; (iv) 24X7 telephone support services to Authorized Users in multiple core languages (English, French, German, Italian, Spanish, Mandarin, Korean and Japanese) with on demand telephone translation services for additional languages for up to one hundred (100) minutes per calendar month; and (v) access to Client Data that is available for download via the Application Services, or, for Client Data that is not available via such means, upon Client single request per study, a compact disc (CD) or digital versatile disc (DVD) containing PDFs for all sites and subjects and three (3) standard reports.
Support Services Exclusions. The following services are not included in Support Services, yet may be obtained from Medidata on an additional fee basis and subject to Client’s execution of a Sales Order/Statement of Work for the same: (i) Professional Services and content development including strategy and design services, systems architecture, configuration and integration; (ii) training on the Medidata Application Services or other software or hardware packages; (iii) support provided by Medidata at Client’s premises or any other premises requiring travel and living expenses; and (iv) any Professional Services required by Client in connection with implementation of any upgrade to the Medidata Application Services.
III. Data Management. Medidata manages all Medidata Application Services in accordance with Medidata global, standard information security policies and applicable standard operating procedures (“SOPs”) and as outlined below:
- Security (physical, network, and application): Medidata maintains, monitors and uses reasonable safeguards based on industry accepted security frameworks to protect against the unauthorized, accidental or unlawful destruction, loss, disclosure, alteration or transfer of Client Data.
- Retention: Client shall have access to the Application Services during the term of applicable Sales Order(s), and upon termination or expiration of the Agreement, for the purpose of retrieving Client Data in durable formats.
- Privacy: Medidata complies with all laws and regulations applicable to the provision of Application Services and processing of Client Data. Medidata maintains appropriate technical and organization security measures to ensure protection of Client Data.
- Disaster Recovery: Medidata maintains a hybrid data center architecture, which includes cloud-based data centers. Medidata maintains a disaster recovery facility in a separate, geographically distinct location, in the event Medidata Hosting Services at the primary location(s) are unavailable. Medidata maintains policies and procedures regarding its disaster recovery and avoidance procedures, damage assessment and incident handling.
B. Service Levels. As part of the Hosting Services, Medidata shall meet or exceed the following Service Levels:
|Page Turns (seconds)||
I. Availability. Availability is calculated as the actual monthly uptime when the Medidata Application Services are available, divided by scheduled monthly uptime and expressed as a percentage. Regularly scheduled maintenance will be excluded when calculating Availability and will be conducted from 6:00 PM to 10:00 PM Central Time (CST) Saturdays, except as otherwise notified by Medidata.
II. Page Turns. Page Turns are the calculated monthly weighted average as measured at the Medidata Application Internal Webserver. The weighted average is calculated as follows: Sum(Daily Page Turn Average * Daily Page Count) / Sum(Daily Page Count), where page count is the number of times the page has been accessed.
III. Response Times. Medidata will respond to missed Hosting Service Levels and Medidata Application Services errors or outages in accordance with the following levels of severity, each as reasonably determined by Medidata:
|Severity Level 1
Critical Business Impact
|Client’s business processes can no longer continue due to Client reported errors or deficiencies in the Medidata Application Services.||Medidata will respond to the reported error or deficiency within one (1) hour and work continuously and use all commercially reasonable efforts to resolve the reported issue(s) as soon as practicable.|
|Severity Level 2
Serious Business Impact
|Client’s business processes can function temporarily or work around the Client reported error or deficiency in the Medidata Application Services. However, there is a serious impact on Client’s productivity and/or the Service Level.||Medidata will respond to the reported error or deficiency within two (2) hours. Medidata will use commercially reasonable efforts from 8 am to 7 pm ET, Monday through Friday, to resolve the reported issue.|
|Severity Level 3
Minor Business Impact
|Client’s business process can continue or work around the reported issue(s) through proper business procedures with no serious impact on service levels associated with the reported error or deficiency of the Medidata Application Services.||Medidata will respond to the reported error or deficiency within one (1) business day and use commercially reasonable efforts to resolve the reported issue. Such errors or deficiencies may be corrected in the next release of the Medidata Application Services.|
|Severity Level 4
|Client request for Medidata to make a change or improvement in the Medidata Application Services and/or functionality.||Medidata will evaluate whether to implement the proposed enhancement in the context of Medidata’s development plans. Implemented enhancements may be included in a future release of the Medidata Application Services.|
* The response times are measured from when Client notifies Medidata about a performance problem with a Medidata Application and Medidata’s issuance of a trouble ticket number to Client.
Client Responsibilities. Client shall designate two (2) of its personnel or utilize its own permanent help desk for the purpose of acting as sole liaison between Client and Medidata. Client must report Severity Level 1 and 2 issues by telephone. In addition, Client shall provide Medidata with documentation of any error or deficiency and provide Medidata with the necessary software and data required to reproduce the error or deficiency reported by Client and all other reasonable support and assistance requested by Medidata as necessary to discover the cause or a cure for the reported error or deficiency of the Medidata Application Services.
IV. Exclusions. In no event will Medidata be responsible for failure to meet the Service Levels for any of the following reasons: (i) Client’s breach of the Agreement, (ii) causes resulting from Client’s or any third party’s acts, errors or omissions or any systems, hardware or software not provided by, or identified by Medidata or Medidata’s service provider as being compatible with the Medidata Application Services (including Client telecommunications carrier or internet service provider). In addition, the Service Level commitments and response times are not applicable to Client’s use of Medidata Application Services in a non-production or test environment, beta or pilot use.
C. Updates/Notices. Medidata may amend its obligations under this Hosting and Support Services Policy. Client will be notified in advance of any change of material impact to Medidata’s obligations under this Policy within thirty (30) days of such change.
Last Updated: April 2016