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SERVICE LEVEL AGREEMENT
Version 1.0.1, effective as of May 3rd 2023.
1. INTRODUCTORY PROVISIONS
1.1. This Service Level Agreement (the "SLA") is applicable solely to an agreement pursuant to which the Provider provides the Services to the Customer (the "Agreement").
1.2. Capitalised terms not defined in Section 5 herein shall have the meaning given to them in the Agreement.
2. GUARANTEED UPTIME
2.1. The Guaranteed Uptime for each SLA Type is as follows:
| SLA Type | Standard | Premium |
|---|---|---|
| Guaranteed Uptime | 99% | 99,5% |
2.2. Procedure of calculating whether the Guaranteed Uptime was not reached is as follows:
2.2.1. the Customer makes a Notification;
2.2.2. the Provider verifies whether the Effective Uptime was below the Guaranteed Uptime and shares the results of its findings with the Customer;
2.2.3. the Provider informs the Customer of the awarded Financial Credits, if any; and
2.2.4. if applicable, the Customer may exercise the SLA Termination.
3. REMEDIES
3.1. The Financial Credits for each SLA Type are as follows:
| Effective Uptime | Financial Credits for SLA Type Standard | Financial Credits for SLA Type Premium |
|---|---|---|
| below Guaranteed Uptime to 98% | 10% | 20% |
| 95% to 98% | 20% | 30% |
| 75% to 94,99% | 40% | 60% |
| 74,99% and below | 70% | 80% |
3.2. Right to receive Financial Credits
3.2.1. The Customer has the right to receive the Financial Credits if:
a) the Effective Uptime is verified as below the Guaranteed Uptime; and
b) the Customer made a Notification.
3.3. Right to terminate the Agreement
3.3.1. The Customer may terminate the Agreement if:
a) the Effective Uptime is verified as on or below 95% for three consecutive calendar months; and
b) the Customer made a Notification in each case,
(the "SLA Termination").
3.3.2. Following the SLA Termination, the Customer has the right to request a refund of the Subscription Fees that were paid but not utilised.
3.4. Customer agrees that Sections 3.2 and 3.3 herein are the Provider's sole liability and Customer's sole and exclusive remedy for any failures of the Provider's obligations arising from, or in connection with, this SLA.
4. HELPDESK
| Priority | Response Time and Business Hours | SLA Type Standard | SLA Type Premium |
|---|---|---|---|
| P1 | Response Time | 2 hours | 1 hour |
| Business Hours | 8x5 | 24x7 | |
| P2 | Response Time | 12 hours | 3 hours |
| Business Hours | 8x5 | 24x7 | |
| P3 | Response Time | 48 hours | 24 hours |
| Business Hours | 8x5 | 24x7 |
5. DEFINITIONS
| "Agents" | mean employees, directors, contractors, and agents of the Customer or third parties acting on behalf of the Customer |
| "Agreement" | means an Agreement to which this SLA applies, as defined in Section 1.1 above |
| "Business Day" | means a day when banks are open for business in Prague, Czech Republic |
| "Business Hours" | mean availability of HelpDesk in Supported Time Zone as follows: a) "8x5" means every Business Day between 9 am and 5 pm and b) "24x7" means every day of the week, from midnight to midnight. |
| "Effective Uptime" | means the Real Uptime increased by the Exclusion Events. Example: Effective Uptime = Real Uptime + Exclusion Events |
| "Exclusion Events" | mean the Unavailability caused by any of the following: a) changes requested by the Customer b) implementation of security updates c) implementation of other updates notified by the Provider no fewer than 48 hours in advance d) the Force Majeure Events e) a software, hardware, or other system of the Customer or a third party, or both f) the Customer, its Agents, or Affiliates, or g) the Provider's attempts to fix the Unavailability caused by any of the above. |
| "Financial Credits" | mean a discount in percent from monthly Subscription Fees the Customer paid and may claim if the Real Uptime is lower than the Guaranteed Uptime in a calendar month which will be paid to the Customer as a setoff in the next invoice the Provider issues to the Customer |
| "Full Availability" | means the Services fully operational |
| "Guaranteed Uptime" | means the availability of the Services in percent guaranteed by the Provider for a specific SLA Type in a calendar month |
| "HelpDesk" | means a support service that the Provider provides for its Customers pursuant to this SLA |
| "Measurements" | mean the overall average of availability of response from the measured critical endpoints (e.g. API, Administration interface, CDN) by an industry-standard independent third party tool. The output of the service measurement shall be publicly available via a website (as of the date of this SLA - https://status.trifft.io). |
| "Notification" | means a notification the Customer must deliver to the Provider no later than 15 calendar days after the end of the calendar month for which it is made to claim the Financial Credits, the SLA Termination, or both |
| "Priority" | means an internal differentiation of severity of Requests as follows: a) "P1" means the Unavailability b) "P2" means the Services are not working to full functionality (e.g., any substantial degradation of Service with visible impact on Customers’ users or any substantial degradation of Services resulting of limitation of Customer to perform work processes), and c) "P3" means non-critical issues without business impact (e.g., slow loading for the Customer, issues affecting usability or convenience of administration interface or issues that are minor in nature or affecting only a subset of devices and are not preventing substantial majority of Customer’s users to use the features) and feature requests |
| "Real Uptime" | means the Full Availability subtracted by the Unavailability in a calendar month, measured by an independent third party using the Measurements. An Unavailability shorter than a full minute will not be counted Example: Real Uptime = Full Availability – full minutes of Unavailability measured by Measurements |
| "Request" | means the Customer or any of its Agents contacting the HelpDesk as follows: a) via email at support@trifft.io or other email address provided to the Customer ("Text" support), and b) only if applicable, via phone to a phone number provided to the Customer |
| "Response Time" | means applicable Business Hours time within which a support engineer of the Provider must acknowledge a receipt of a Request |
| "SLA" | means this Service Level Agreement, as defined in Section 1.1 above |
| "SLA Termination" | means the termination of the Agreement pursuant to Section 3.3 above |
| "SLA Type" | means a type of the SLA specified in the Agreement, differentiated to "Free", "Standard", and "Premium" |
| "Supported Time Zone" | means the time zone in effect in [Prague, Czech Republic], and |
| "Unavailability" | means the state of the Services when the Customer is completely prevented from using them (i.e., the Services are "down"). |