SLA
Part 1: Support
- Should you or any End User experience difficulties with the Service, please refer to the documentation and instructions that we make available to you, which is updated from time to time.
- If the materials referred to in section 1 do not resolve your problem, and the problem is a failure (attributable to us) of the Service to perform substantially in accordance with the Specification (a “Defect”), then you may raise a support request per this Schedule.
- Support requests must be logged via our designated ticket system (as notified to you from time to time), and all subsequent inquiries relating to an incident or fault must quote the support ticket number provided. Any support request shall only be deemed received on a Business Day. Upon receipt, we shall use our reasonable endeavours to respond to, remedy, or provide a workaround to an incident or fault but do not guarantee any support response, fix, or workaround within a specific timeframe.
Part 2: Support Tickets and Response Times
Where you raise a support ticket in respect of a Defect connected with the Service caused by us, in accordance with the notification requirements specified in Part 1 of this Schedule, we shall acknowledge that notification and respond in accordance with the table below. To the extent reasonably practicable, where we cannot remedy a Defect within the proposed response times, we shall use our reasonable endeavours to implement a Workaround in respect of that Defect.
For the purpose of this Schedule, a Workaround means a way to achieve, to a reasonable extent, a business objective described in the Specification, which is affected by a Defect, using technical or other means which differ from those set out in the Specification, and which may, for the avoidance of doubt, entail a time delay or require changes to the way you or End Users access the Platform or Service.
Where we fail to respond in accordance with the table below during a calendar month, you may reduce the subsequent Subscription fee due to us by a percentage in accordance with the table below, up to a maximum of 20%, pro-rated in respect of the fees due to us for the calendar month in which such failure occurred (“Service Credits”). Those Service Credits shall be your exclusive remedy in respect of such service level failures.
Response Times:
If you raise a support ticket regarding a Defect connected with the Service caused by us, we will respond as follows:
• Critical Defect: This is an issue that affects a critical business function or causes the entire Platform to be unavailable. We will respond within 4 business hours. If we fail to do so, you will be entitled to a 2% Service Credit for each Business Day we fail to respond.
• High-Priority Defect: This is an issue that prevents the use of the Platform or a business function until it is resolved, but where a workaround exists to avoid direct loss. We will respond within 8 business hours. If we fail to do so, you will be entitled to a 1% Service Credit for each Business Day we fail to respond.
• Medium-Priority Defect: This is an issue that causes a function to work improperly but has only a minor impact on core business processes. We will respond within 1 business day. If we fail to do so, you will be entitled to a 0.5% Service Credit for each Business Day we fail to respond.
• Low-Priority Defects: These are issues that cause no loss of functionality but result in software behaviour that deviates from its specification, or purely visual defects. We will respond within 3 business days. If we fail to do so, you will be entitled to a 0.25% Service Credit for each Business Day we fail to respond.
Service credits can be applied to reduce the subsequent subscription fee due to us, up to a maximum of 20%, pro-rated for the fees due to us for the calendar month in which the failure occurred. For example, if your following monthly subscription fee is £5,000 and we fail to meet service levels for a critical defect on three different days, you would be entitled to a reduction of the following subscription fee by £300.
Part 3: Availability
- We shall use reasonable endeavours to ensure the Service is Available for a Monthly Uptime Percentage (as defined below) of 99.9% following the Commencement Date.
- Where we do not meet the Monthly Uptime Percentage referred to above, you shall be entitled to a Service Credit calculated following the rules below:
– If the Monthly Uptime Percentage is less than 99.9% but equal to or greater than 98%, you are entitled to a 5% Service Credit on your Subscription fee for the relevant month.
– If the Monthly Uptime Percentage is less than 98%, you are entitled to a 10% Service Credit on your Subscription fee for the relevant month.
- To avoid doubt, no refund or other payment shall be due regarding Service Credits, and excess Service Credits may not be carried forward beyond your subsequent payment of Subscription fees.
- Monthly Uptime Percentage is calculated by subtracting from 100% the percentage of minutes during the month in which the Service is not available, measured from the time our help desk receives notice via the designated contact details for support that the Service is not available until the time the Service is once again Available. Downtime does not include interruptions resulting from:
- Factors outside our reasonable control, including any Force Majeure Event or Internet access, app store, or related problems beyond the demarcation point of our servers;
- Your actions or inactions or that of any third party;
- Issues arising from your equipment, software, or other technology and/or third-party equipment, software, or technology (other than third-party equipment within our direct control);
- Scheduled or emergency maintenance of the Service;
- We suspend or terminate your right to use the Service under the Agreement.
Part 4: Relationship with Other Documents
This SLA is governed by the Terms of Use, Privacy Policy, and Data Processing Agreement (DPA), all accessible via our website. By agreeing to this SLA, you confirm that you have read and agree to those documents. This SLA outlines our obligations concerning service levels, but the DPA governs any processing of Personal Data, and we process such data as a Data Processor under our Privacy Policy and our DPA.