Helium Service Levels

These Service Levels govern the relationship between Helium Health and the Client with respect to the provision of value-added services on products purchased.

  1. DEFINITIONS AND INTERPRETATIONS

Unless as otherwise defined, the capitalized terms used in this Agreement shall have the same meaning as used in the Solution or Software License Agreement.

  1. “Business Days” means every day excluding Saturdays, Sundays and Public Holidays declared by the Federal Government in Nigeria. 
  1.  “Client” means a party subscribed to the use of one or more of Helium Health’s Products.
  1. “Days” means every day (including weekends and public holidays declared by the Federal Government in Nigeria) in a calendar month.
  1. Deployment  means  the  installation  of  the  Software  on  the  Client’s  server  and  provision  of documentation and information necessary for the Service Provider to commence staff registration, tariff uploads, form customizations, setting up of wards and staff training.
  1. Effective Date” means the date the last signing Party executes the Software License Agreement.
  1. Force Majeure” means any event or circumstance beyond the reasonable control of the Parties that is not foreseeable, is unavoidable and its origin is not due to negligence or lack of care on the part of the Parties. Such events include but are not limited to acts of God, fire, flood, invasion, war, revolution, uprising, insurrection, social/public unrest, public disturbance, strike, riots, fire disaster, storm, pandemics or epidemics (excluding COVID-19 and related epidemics or pandemics), acts of terrorism and any other circumstance which may hinder or delay the performance of the obligations of the Parties under this Agreement.
  2. Incidents” means an unplanned interruption to an IT Service or reduction in the quality of an IT service. 
  3. Maintenance Services involves all functionalities that are present within the Product (staff registration, software/solution updates, price change, bug fixes, feature enhancements etc.) that the Client will require Service Provider’s support team to handle after the Go-live date.
  4. Non-Standard Support Charge” means a fee that is applied to customer support requests that fall outside of the scope of the standard support. This includes requests for support with features that are not part of the standard product, requests for support with third-party software or hardware, or requests for support that require more than the standard amount of time to resolve.
  5. Problems” is a cause of one or more incidents. Recurring “Incidents” or raised incidents (with a temporary workaround and break-fix) will transition to “problems” and undergo fix efforts by providing support in the aftermath by confirming the root cause, implementing a permanent fix and preventing a future occurrence.
  6. Product” means one or more of the following products:
  • Helium EHR – Electronic Health Records (EHR)
  • MyHelium – Personal Health Records (PHR)
  • HeliumCredit for Hospital Facilities – Credit for Hospital Facilities
  • HeliumCredit for Patients – Credit for Patients
  • TeleClinic – Telemedicine
  • HeliumPay – Multichannel Payment Processing

The relevant product requested by the Client shall be as indicated in Appendix 1 of the License Agreement and shall be subject to the product’s Terms of Use and the Privacy Policy accepted by the Client on Helium Health’s website: www.heliumhealth.com

  1. Response Timelines” means the amount of time between when the client first creates and logs an incident (with required information) and when the Service Provider acknowledges the receipt of the “incident” and the requestor is advised their issue has been received and is being addressed.
  2. Resolution Timelines means the amount of time it takes to resolve a requester’s issue or answer their question. The time between when the requestor first creates an incident request, triages and solves the incident with a workaround, permanent fix or transition to problem management for further investigation.
  3. Service Charge” means the monetary amounts specified in Clause 5 of this Agreement.
  4. Service Provider” means Helium Health.
  5. Software” means the software designed and developed by Helium Health and intended to be used for the provision of the Product(s) to the Client.
  1. COMMENCEMENT, DURATION AND TECHNICAL SUPPORT 
  1. This Agreement shall commence from the Effective Date of the Software License Agreement and shall be in force unless terminated in accordance with the provisions of the Software License Agreement (the “Term”).
  2. The Service Provider shall provide technical support by telephone on +23418883344 and e-mail: support@heliumhealth.com,  as well as through other support channels as may be communicated by the Service Provider to the Client. Best efforts will be made to respond within the time period specified in the applicable Service Level.
  3. In the event of an information security incident or event, the Client shall immediately report the incident or event to the Service Provider via the designated Incident Report Form, or  incident reporting email address (security@heliumhealth.com) or by calling the incident reporting hotline (+23418883344 ext 4444). The Client shall provide a detailed description of the incident or event, including any relevant information or documentation. 
  4. With effect from the Effective Date and for the Term of this Agreement, the Service Provider shall provide in respect of the Product, such category of technical support as indicated in the table below, and subject to the Response Time and Resolution Time in Clause 3. 
Level of SupportSupport Scope
BasicThe Service Provider’s help desk operator responds to a Support Request by answering general questions received directly from the Client related to certain functions of the Product. If this Basic level of support cannot immediately resolve the problem, the Support Request is escalated to the Advanced Level, which requires the involvement of technical support specialists.
AdvancedAdvanced support is provided by the Service Provider’s Technical Support Specialist who will assess and resolve operational software issues. This level of support does not perform code modifications. If the resolution requires code modification, the Support Request is escalated to the Expert Level.
ExpertExpert support is provided by the Service Provider’s Application Support Specialist. This level of support will perform code modifications, if required, to resolve a problem found in the Product that prevents the Product from operating as intended by the Client
CustomizationCustomization means any deviation in functionality, data or workflow from the Product delivered on the Deployment Date.
A team consisting of at least three (3) software engineers, 1 (one) systems administrator, 1 (one) quality assurance specialist and 1 (one) project manager (for which an extra cost may apply) is provided for the customization support. This level of support does perform Product customization requested by the Client which may involve a change in the Product code, its functionality and/or its presentation, and does assist with the integration of the Product with the Client’s existing database or network. Other areas of customization support may or may not be available. Availability of specific services will be determined by the Service Provider and its representatives.
Should the Client require Customizations, the Parties shall discuss the Customization and agree on the delivery timeframe and fee, which shall be payable by the Client within 30 days of receipt of an invoice thereof but in any case, not later than 60 days. 
Information Security Incident or EventThe Service Provider shall acknowledge receipt of the report within four (4) business hours and shall commence investigations as soon as practical. The Client shall cooperate with the Service Provider in any investigations related to the incident or event.
  1. The Client shall supply in writing to the Service Provider a detailed description of any fault requiring technical support and the circumstances in which it arose forthwith upon becoming aware of the same
  2. Should the Client require onsite support involving the Service Provider’s personnel ninety (90) days after Deployment date, the support service charge shall apply.  
  3. Technical support shall not include the diagnosis and rectification of any fault resulting from:
    • The improper use, operation or neglect of the Product
    • The merger by the Client of the Product with any other software
    • The failure by the Client to implement recommendations in respect of or solutions to faults previously advised by the Service Provider.
    • The use of the Product for a purpose for which it was not designed
    • The Service Provider may upon request by the Client provide technical support notwithstanding that the fault results from any of the circumstances described in clause 2.5. The Service Provider shall in such circumstances be entitled to levy additional charges, which shall be levied monthly in arrears and shall be payable by the Client within 30 days of receipt of an invoice thereof.
  4. The Service Provider may upon request by the Client provide technical support notwithstanding that the fault results from any of the circumstances described in clause 2.5. The Service Provider shall in such circumstances be entitled to levy additional charges, which shall be levied monthly in arrears and shall be payable by the Client within 30 days of receipt of an invoice thereof.
  1. SERVICE LEVEL REQUIREMENTS
  1. Service Availability 

    In fulfilling its obligations in this Agreement, the Service Provider shall:

  1. Maintain availability at a 99.9% uptime level for the Solution managed on the Service Provider’s cloud infrastructure with adequate redundancies in place to avoid transaction loss.
  2. Provide support via a dedicated email address, phone number and help desk.
Emailsupport@heliumhealth.com
Phone+23418883344
Support Help Center portalhttp://helpcenter.heliumhealth.com/
Hours of OperationMonday – Friday 9 am – 6 pm
  1. Severity Levels
  1. Severity Ratings, which shall be determined after the Service Provider responds to the Client and has a thorough understanding of the nature and effect of the application issue or failure, shall govern the maximum time acceptable to solve the issue or failure;
  2. The following characteristics are used to identify the severity of a problem report, which is generated by a Service Request:
CharacteristicsHighMediumLow
Work OutageThe application failure causes the Client to be unable to work or perform some significant portion of its work.The application failure causes the Client to be unable to perform some portion of its work, but the Client is still able to complete most other tasks or answer questions and requests for information.The application failure causes the Client to be unable to perform a small portion of its work, but still able to complete most other tasks.
Number of Units AffectedThe application failure affects a large number of UnitsThe application failure affects a small of number UnitsThe application failure affects one or two Units
WorkaroundThere is no acceptable workaround to the problem (i.e., the work immediately required cannot be performed in any other way).An acceptable workaround to the problem may be possible within a short period of time.An acceptable workaround is already in place 
Response Time0-30 minutes0-30 minutes0-30 minutes
Resolution Time (Temporary workaround)2 hours4 hours48 hours
Resolution Time (Permanent)The maximum acceptable resolution time is 48 continuous hours after initial response time.The maximum acceptable resolution time is 5 daysThe maximum acceptable resolution time is 14 days
  1. It is understood that there may not be an exact match of each characteristic when assigning a particular Severity Rating to a problem report. The problem presented shall be evaluated against each of the characteristics to make an overall assessment of which severity level best describes the problem. Upon consultation with the Client, the Basic Level support provider shall determine the initial Severity Rating based on the problem report. An Advanced Level and/or Expert Level support provider may modify the Severity Rating after the report is escalated to them and is further assessed.
  1. Service Monitoring

In fulfilling its obligations in this Agreement, the Service Provider shall:

  1.  Configure a read-only version of the solution on a disaster recovery server.
  2.  Configure data backup scheduling and storage via media (e.g. External Hard Drive), while the Client is responsible for monitoring the data backups and performing periodic testing on a disaster recovery server.
  1. Escalation

If Incidents are of a serious nature (for example Critical Incidents) and resolution steps are taking too long or proving too difficult. The escalation chain below should be contacted to ensure that management is aware and informed to take any necessary action.

The Helium Health Hierarchical Escalation Process is as follows:

Contact Levels Functional ContactsEmail Address
Level 1Service Team Leaddaziba@heliumhealth.com
Level 2Tech Support Manager (TSM)adeolu@heliumhealth.com
Level 3Head, Service Managementbolanle@heliumhealth.com
Level 4 Chief Product and Data Officerdami@heliumhealth.com
  1. SUPPORT SERVICE CHARGES
  1. Non – Chargeable Work

Maintenance Services are provided as part of the clients’ license fee. This falls into two main categories:

  • Incident Management and Service Requests: A service request or an issue reported by the user which requires the Service Provider to supply a solution or fix for a bug in order for the customer to use the system as normal.
  • Product Version Update/Upgrade: Upgrading the solution on the Client’s server to a newer version.
  1. Chargeable Work

All non-issue related requests are chargeable. Examples include:

1All forms of training requested three (3) months post-deployment.
2Tariff and inventory reconfiguration requested three (3) months post-deployment.
3Data Migration request.
4New Finance Report/Modification request three (3) months post-deployment.
5All Service Requests received during off working hours and weekends.
  1. Process for charges and invoicing
  1. The Service Provider shall inform the Client of the chargeable support work via email, and the Client shall provide a written acceptance notice before the work is carried out.
  2. The Service provider shall share the invoice for the chargeable support work as soon as written confirmation is received from the Client.
  1. Standard Charges for Support Work
  1. Unless otherwise stated in the client contract, the standard fee is: Twenty Dollars ($20 USD) per hour.
  1. Non-Standard Support Charge
  1. The Service Provider may charge the Client Non-standard Support Charges for customer support requests that fall outside of the scope of the standard support agreement, based on the time and effort required to resolve the issue. The specific rates of the Non-standard Support Charge will vary depending on the vendor, but they are typically higher than the rates for standard support.
  1. UPDATES & UPGRADES
  1. The Service Provider shall keep the Client reasonably informed during the Term of this Agreement of its plans to Release Upgrades in respect of the Solution.
  2. The Service Provider shall give the Client at least one (3) Business Day prior written notice of the Release of an Upgrade.
  3. The Service Provider shall apply each Upgrade to the Solution within the period of twenty (20) Business Days following Release unless the Client gives a prior written notice to the Service Provider that it should not apply the Upgrade to the Solution.
  1. SLA EXCLUSIONS

The Service Commitment does not apply to any unavailability, suspension, or termination of Software, or any other Software performance issues connected with the following:

  1. that are caused by factors outside of our reasonable control, including any force majeure event or internet access or related problems beyond the demarcation point of the Service Provider (i.e. beyond the point in the network where the Service Provider maintains access and control over the Service Provider’s Services);
  2. that result from any prohibited, negligent, or omitted actions of the Client  
  3. that results from the Client’s equipment, software, or other technology (excluding third-party equipment, software or other technology within the Service Provider’s control).
  1. APPLICATION OF THE SOFTWARE/SOLUTION LICENSE AGREEMENT

As regards other operative clauses not expressly dealt with by this Service Levels, such as dispute resolution, governing law, force majeure, termination, limitation of liability, confidentiality, notices, intellectual property rights, data protection etc., the terms specified in the Software/Solution License Agreement, executed between the Parties, shall apply to this Service Levels.