Service Level Agreement (SLA)
This Service Level Agreement (SLA) sets out the Manufacturer’s obligations and the Customer’s rights in relation to the performance of the Product.
- Definitions:
- a.
Downtime: refers to the case in which the Product is unavailable to a Customer due to hardware, firmware or software failures, as confirmed by both the Customer and the Manufacturer. - b.
Monthly Uptime Percentage: means the total number of 5-minute increments in a calendar month minus the number of 5-minute increments of Downtime experienced in a calendar month, divided by the total number of 5-minute increments in a calendar month. - c.
Service days credit: indicates the number of days that the Manufacturer will add at the end of the validity period, free of charge to the Customer, which will be deducted proportionally from the periodic fee established in the Supply Offer.
- a.
- The Product will be operational and available to the Customer for at least 99.5% of the time in any calendar month.
- If the Monthly Uptime Percentage fails to meet the Service Level in any calendar month, the Customer shall be
entitled to receive a Service Days Credit as follows:Monthly uptime percentage Credit days from 99% to < 99.5% 5 < 99% 10 - The total maximum number of service days credited by the Manufacturer to the Customer for all downtime occurring in a single calendar month shall not exceed 10 days. Credited service days cannot be exchanged or converted into cash amounts.
- In order to receive any of the Service Day Credits described above, the Customer must notify the Manufacturer within 30 days of the occurrence of any of the conditions listed in the table in point 3. Failure to notify within the specified time frame will result in the Customer forfeiting their right to receive a Service Day
Credit. - The Service Level does not apply to service interruptions:
- a.
caused by factors beyond the reasonable control of the Manufacturer, including any force majeure event or interruption or impediment to Internet access or related problems beyond the demarcation point of the Manufacturer and its infrastructure providers; - b.
resulting from external factors, i.e. the Customer’s and/or third parties’ hardware or software; - c.
resulting from the performance of maintenance or application of updates to the Product, as regularly announced by the Manufacturer; - d.
associated with evaluation and trial credentials; - e.
resulting from any action by the Customer or anyone accessing the Product using the Customer’s login credentials (third parties, including bots and automated agents); - f.
resulting from the suspension of the Product and the termination of the Customer’s rights.
- a.
- This Agreement is the Customer’s sole and exclusive remedy in the event that the Manufacturer fails to achieve the Service Level.