SAAS Service Level Agreement
This SLA sets out the agreed service level for the Subscription Items provided by IGNOS on subscription basis to the Customer, as specified in the applicable Order Form (“Service Level“).
This SLA constitutes the Customer’s sole and exclusive remedy for any failure by IGNOS to meet the Service Level and is only applicable if IGNOS has explicitly offered this SLA to the Customer.
1. Service Level: Operational SLA
IGNOS shall make commercially reasonable efforts to ensure an uptime of at least 99.5% of the Subscription Items as agreed in the Order Form between IGNOS and the Customer.
2. Service desk
IGNOS has a support service desk (“Service Desk”), which is available from 7 am to 5 pm (CET). The Customer shall contact the Service Desk via email email@example.com. The Customer’s request and the support provided by IGNOS shall be in English. Further availability must be agreed separately.
The Customer shall be responsible for organizing a first-line support team that shall have the sole interface with the Service Desk.
3. Service credits
If the Subscription Items does not meet the required Service Level and the downtime negatively impacts the operations of the Customer, then the Customer shall be entitled to a compensation in the form of service credits as set out in the table below (“Service Credits”). The Service Credits are only applicable for the Subscription Item(s) that are agreed between IGNOS and the Customer in the Subscription Order From.
The eligibility of Service Credits shall be determined by the aggregated availability of the delivered Subscription Items.
*The monthly fees are calculated by dividing the total subscription fee with the total number of months the subscription lasts.
In order for the Customer to be entitled to Service Credits under this SLA, the Customer shall submit a request for Service Credits within three months after the relevant period.
The maximum aggregate number of Service Credits issued by IGNOS to Customer for all downtime in a single month shall not exceed 50% of the amount due from the Customer for the Subscription Item for that applicable month.
This SLA and any applicable Service Levels do not apply to any performance or availability issues:
– Due to factors outside of IGNOS’s reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action or Internet Service Provider or Cloud Vendor failures or delays);
– That result from the use of services, hardware, or software not provided by IGNOS, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
– Caused by the Customer´s use of a Subscription Item after IGNOS advised the Customer to modify their use of the Subscription Item, if the Customer did not modify it’s use as advised;
– During or with respect to preview, pre-release, beta or trial versions of a Subscription Item, feature or software;
– That result from the Customer´s unauthorized action or lack of action when required, or from the Customer´s employees, agents, contractors, or vendors, or anyone gaining access to IGNOS’s Subscription Item by means of the Customer´s passwords or equipment, or otherwise resulting from the Customer´s failure to follow appropriate security practices;
– That result from the Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or the Customer’s use of the Subscription Item in a manner inconsistent with the features and functionality of the Subscription Item (for example, attempts to perform operations that are not supported) or inconsistent with our communicated guidance;
– That result from faulty input, instructions, or arguments;
– That result from the Customer’s attempts to perform operations that exceed prescribed quotas or that resulted from IGNOS’s throttling of suspected abusive behavior;
– Due to the Customer’s use of Subscription Item features that are outside of associated support windows;
– Due to pre-notified reasonable periods of downtime due to maintenance or enhancements of the Subsription Items;
– For licenses reserved, but not paid for, at the time of the incident.