DEFINITIONS
All terms defined in this SLA shall have the meaning set out in the MSA, unless defined otherwise below.
“Bug” means an unwanted or unintended property of the Services that can be reproduced and causes the Services to malfunction but does not affect the availability of the Services;
“Business Day” means Monday to Friday excluding any national holidays in the USA or Netherlands;
“Business Hours” means 9.00am to 5.00pm Central European Time (CET) and 9:00am to 5:00pm Eastern Standard Time (EST);
“Emergency Maintenance” means maintenance, upgrades, Updates, repairs to hardware and software related to resolving immediate problems causing instability in the Services;
“Incident” means a malfunction of the Services which can be reproduced, is not a Bug and whose root cause is found in the hosting service, network, hardware or third-party software components;
“Planned Maintenance” means maintenance, upgrades, Updates, installation of new versions and repairs which are non-critical and not urgent, to hardware and software;
“Downtime” means all Services subscribed to by the customer are offline and not available;
“Release” means a modification in the functionality of the Services which results in a change in the version number set out in the SLA;
“Updates” means any new or updated applications services or tools (including any software programmes) made available by Provider as part of the Services during the Term.
1. HOSTING SERVICES
Hosting Services shall include hosting of the Services together with related components and Customer owned content as set out below.
1.1 Availability
Provider will use commercially reasonable measures in terms of redundancy, monitoring and platform management to make any Services available via the Internet 99% monthly and 99.5% annually, 24 hours a day 7 days a week during Business Hours. Availability shall be measured monthly and the items set out in clause 7 of this SLA and all Planned Maintenance shall be excluded from the calculation of availability of the Services. Availability is calculated as follows: Monthly uptime % = (available minutes) - (downtime minutes) / (available minutes).
1.2 Service Credits
If the Services are not available in accordance with the applicable availability level set out in clause 1.1 of this SLA, the following service credits shall apply:
Monthly Availability Achieved |
Service Credit |
between 98.99 and 98% |
1% |
between 97.99 and 97% |
2% |
between 96.99 and 96% |
3% |
between 95.99 and 95% |
4% |
less than 95% |
5% |
Service credits are expressed as a percentage of the monthly fee paid for the service affected, (as applicable). Any claim for a service credit must be made in writing within 30 days of notification of the Customer’s entitlement. Service credits will be credited to the next invoice issued to the Customer following the period in which the availability of the Services was not met.
Service credits are the Customer’s sole and exclusive remedy for any performance or availability issues of the Services under the Agreement and this SLA.
2. SECURITY
The infrastructure and security provided by Provider and the data centres it uses to provide the Services is set out in more detail in the DPA.
3. SUPPORT SERVICES
Support services shall include maintenance of the Services and Customer platform including corrective maintenance and enhancements and a customer support service for the Services and Customer platform as set out below.
3.1 Scope of Support Services
Maintenance and support services shall not be provided for issues arising from (i) modifications, alteration or configuration of any of the Services by the Customer or a third party that has not been authorised in writing by the Provider and/or (ii) technology or IPR that has not been provided by the Provider pursuant to the Agreement.
3.2 Problem Notification
The Provider provides support services, in English, from support centres in the USA & Netherlands.
Problems may be reported by email, telephone or via the Internet, using our support centre.
3.3 Problem Acknowledgement
Upon receipt of a problem notification the Provider shall respond to the Customer, within the time frame set out in clause 4.2 of this SLA as applicable, based on the severity and type of problem. Such response shall specify the severity level and type of problem.
3.4 Support Hours
The Provider offers support for the Services during Business Hours on Business Days in English.
4. PROBLEM RESOLUTION
Problems with the Services will be dealt with in accordance with their level of severity. The time frame in which problems will be resolved will depend upon whether they are classified as a bug or incident as set out below.
4.1 Problem Severity Classification
Severity |
Description |
1 |
A problem is classified as high if no Services are available or if there appear to be serious performance problems. |
2 |
A problem is classified as medium if at least one Service is not available or if there is a problem with the core functionality of a Service. |
3 |
A problem is classified as low if all Services are available but there is a minor problem with the functionality of a Service. |
4.2 Response and Target Resolution Times
Severity |
Response Time |
Target Resolution Time |
Target Resolution Time |
||
Temporary work around |
Permanent |
Permanent |
|||
1 |
Within 1 Business Hour |
1 Business Hour |
4 Business Hours |
3 Business Hours |
3 Business Days |
2 |
Within 4 Business Hours |
3 Business Hours |
3 Business Days |
Next Release |
|
3 |
Within 1 Business Day |
1 Business Day |
7 Business Days |
Next Release |
5. MAINTENANCE SERVICES
5.1 Releases
Releases will contain new or amended features. There may be some need for configuration and additional user training in order to obtain the maximum benefit of the new features. Releases do not significantly impact the existing technical setup of the Customer or training materials. Releases are numbered as follows: 3.1, 3.2, 3.3, etc.
The Provider reserves the right to vary the frequency of Releases but will always give Customers at prior notice of a planned date for the new release. All releases are penetration tested by an external third-party provider.
5.2 Patches
Patches provide bug fixes, performance and SLA improvement. Such features and functionality do not impact the current configuration of the Customer, nor require additional training.
There are 2 categories of patches:
Patches are deployed as required for all Customers of a given release. Deployment usually takes place during low system traffic time. The deployment is usually 100% automatic. All existing setup and data will remain unchanged. No user or administrator intervention is required. No manual intervention of the Customer administrator is required.
5.3 Planned Maintenance
The Provider usually carries out planned maintenance in the maintenance windows set out below. If planned maintenance is to be performed outside of these windows the Provider shall give the Customer at least 48 hours prior notice.
Normal Patch |
|
Deployment window |
2 hours |
Deployment schedule |
Weekdays |
Interruption of service |
Usually none |
Maximum interruption of service |
2 hours |
Upfront Notice Period |
Usually 7 days |
5.4 Emergency Maintenance
The Provider shall where possible, provide the Customer with prior notice of Emergency Maintenance. However, work may commence at any time and shall continue until completed. The Provider shall attempt, but cannot guarantee scheduling Emergency Maintenance during non-Business Hours.
Emergency Patch |
|
Deployment window |
2 hours |
Deployment schedule |
As required |
Interruption of service |
Usually none |
Maximum interruption of service |
2 hours |
Upfront Notice Period |
24 hours |
6. CUSTOMER’S OBLIGATIONS
The Customer has the following obligations under this SLA:
7. LIMITATION OF LIABILITY
The Provider shall not be liable for, and shall have no obligation to fix, any errors, Incidents, problems or bugs or any lack of availability of the Services caused by the following:
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+1 (925) 529 4999
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+31 (0)20 2251 447
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2655-241 Ericeira
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+351 308 802 374