Service Level Agreement
Last updated: 3rd June 2022
Service Level Agreement – HeiaHeia
1. 1 This Appendix 2 (Service Level Agreement) forms an integral part of the Agreement. Terms used in capitalized letters but not defined herein shall have the meaning set forth in the Terms.
1.2 The obligations under this Appendix 2 (Service Level Agreement) will apply to customers who have purchased a Pro SLA Package. The package will be subjected to business days. Business day means the nine (9) hours between 8 AM and 5 PM UTC+3 (Monday – Friday) and do not include public holidays.
1.3 Customers are able to report errors to HeiaHeia via HeiaHeia Helpdesk, HeiaHeia’s support will assist with operational and usage related support matters via email; Customers can contact support at support.heiaheia.com.
2. Agreed Service Levels
2.1 HeiaHeia guarantees the availability of the service to a level of 99.9%. The availability shall be established and calculated per calendar month. The availability is calculated during applicable business days and in accordance with the following:
TUT = Total Unavailable Time (pursuant to sections 2.2 – 2.4)
TT = Total Time
Availability (%) = 100 x ((TT – ∑ TUT) / TT)
2.2 TUT is measured from the point of reporting errors when reported to HeiaHeia's support during business days and is caused by circumstances for which HeiaHeia is responsible and which is not re-classified pursuant to section 2.4. If you report an error outside of normal business days, unavailable time is measured from the start of the next business day. HeiaHeia will still aim to provide support to customers, however TUT is not measured for time outside of business days.
2.3 An error is considered resolved and the Service is considered available when HeiaHeia has remedied the cause of the error or provided a reasonable workaround and reported this to you.
2.4 HeiaHeia may at any time upgrade and update the Service by launching new releases or performing other maintenance on the Service. The releases may refer to functional updates and bug fixes. To the extent such functional updates can be reasonably expected to materially affect the availability of the Service, HeiaHeia shall to the extent reasonably feasible perform work related to launching releases and perform such maintenance outside office hours, whereby HeiaHeia shall endeavor to inform you at least five (5) days prior to any such new release or update. If the Service is unavailable due to such work or work which has otherwise been agreed upon with you, this shall not be considered Unavailable Time pursuant to this section 2. Nor shall the time when HeiaHeia is waiting for a response from you be considered as TUT.
2.5 Error reporting is available via helpdesk at all hours, as stated in 1.3. You shall, when reporting a problem, suggest the severity level of the error in accordance with Table 1. HeiaHeia shall however be entitled to re-classify the error. An error is a deviation from the service description (as available at the Website) and shall be classified in accordance with Table 1 below. Where an error report is submitted outside business days, the response time and time to resolve the error/issue is measured from the start of the subsequent business day.
2.6 Table 1 – Response time and severity level classification of errors
|Severity Level||Severity Level Description||Response Time|
|1||Urgent – Critical production issue affecting all users. Includes system unavailability and data integrity issues where no workaround is available.||Three (3) hours|
|2||High – Major functionality is impacted, significant performance degradation is experienced or functionality is persistently degraded for many users. No reasonable workaround available. Also includes very time sensitive requests.||Six (6) hours|
|3||Medium – System performance issue or bug affecting some, but not many, users. Also includes time sensitive requests or questions.||Two (2) Business day|
|4||Low – Inquiries about routine technical issues, information requests on application capabilities, navigation, installation or configuration.||Five (5) Business days|
Response time is the time from when HeiaHeia receives the error report until troubleshooting and correction shall be initiated.
2.7 The specific time and place of performance of such services that require human resources for its performance must be agreed with HeiaHeia and will be provided on an “as available” basis.
3. Service Credits
3.1 If the availability of the Service falls below the Agreed Service Levels under section 2, your sole and exclusive remedy is to receive service(s) credit on the subscription fee in accordance with Table 2.
3.2 Table 2
|Availability||Service Credit (% of monthly fee)|
99,89 % – 97,9 %
|97.89 % – 95,9 %||10 %|
|95,89 % – 93,9 %||20 %|
|93,89 % – 91,9 %||40 %|
|91,89 % - 90%||80 %|
|< 90 %||100 %|
3.3 The service credit is based on a percentage of the subscription fee paid by you in relation to the month where the availability drops below the Agreed Service Levels (meaning that if you e.g. pay for the Service on an annual basis, the service credit will be a percentage of your annual fee, divided by twelve). Under no circumstances shall the service credit exceed the proportion of the subscription fee actually paid by you that relates to your use of the Service during the month where the availability drops below the Agreed Service Levels.
3.4 The service credit shall solely be offset upon your written request and against your subsequent payments of fees.
3.5 You shall, in order to receive service credit, notify HeiaHeia within 30 days after the month during which the availability of the Service was below the Agreed Service Levels.
The Service Commitment does not apply to any Unavailability:
- Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the HeiaHeia network;
- That results from any actions or inactions of you;
- That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
If you have any questions, please email firstname.lastname@example.org