Standard SLA

1. Introduction

1.1 This Standard SLA describes the service quality and service level relating to the Supplier's delivery to the Customer, and is an appendix to the General Terms and Conditions. The terms and guarantees set out exhaustively the guarantees given by the Supplier, and apply per Service.

1.2 Amendments to this SLA take effect 1 month after the time of the amendment, and the most recently published version of this SLA applies at any given time. The Customer will be notified in writing of material amendments at least 1 month before they take effect. If an amendment entails a material reduction of a guaranteed service level, the Customer may terminate the affected Service free of charge with effect from the date the amendment takes effect.

2. Definitions

• The Service – the service(s) specified in the Agreement to which this SLA applies.
• Critical Fault – a fault within the Supplier's area of responsibility that causes the Customer to lose access to the Service.
• Minor Fault – degraded or reduced service quality where the Service is still available, as a result of circumstances for which the Supplier is responsible.
• Service Hours – Business Days 08:00–16:00. Response and fault correction take place within Service Hours.
• Response Time – the time from Fault Reporting until the Customer receives confirmation from Customer Service that the fault has been registered and fault handling has begun. Calculated within Service Hours.
• Resolution Time – the total fault correction time per Fault Report, calculated from the expiry of the guaranteed response time until the fault is resolved. Calculated only for Critical Faults and within Service Hours.
• Availability / uptime – the proportion of time the Service is available without Downtime, measured continuously around the clock (24/7) over a calendar month.
• Downtime – continuous time during which a Critical Fault within the Supplier's area of responsibility makes the Service unavailable, less planned maintenance and the circumstances in section 7.
• Maintenance Window – the period 00:00–06:00 during which the Supplier may carry out planned maintenance.
• Business Days – all days except Saturdays, Sundays, public holidays, 1 May and 17 May.

3. Service level

* Travel time is added if the fault cannot be resolved by remote access.

The response times stated above are service targets that the Supplier endeavors to meet within Service Hours, and do not constitute independent guarantees. Failure to meet them does not give rise to any claim for damages beyond what follows from the liability provisions of the General Terms and Conditions.

4. Maintenance and upgrades

4.1 Planned maintenance that may affect availability is normally carried out within the Maintenance Window. Maintenance outside the window that may affect the Customer's use will be notified in advance. The Supplier endeavors to carry out maintenance so that the Customer's use is affected as little as possible. Planned maintenance does not count as Downtime.

5. Fault handling and availability

5.1 The Customer may report faults around the clock, every day. Inquiries are made to Customer Service by email or telephone within Service Hours; outside Service Hours, email is used. The fault report must as a minimum contain the customer number or name, the affected service and a description of the fault, the time the fault occurred, and a contact person and telephone number.

5.2 Fault correction is carried out within Service Hours. Only Critical Faults reported to Customer Service are included in the calculation of Downtime. The Supplier may reject fault reports that do not provide sufficient information for troubleshooting, and may charge the Customer for the costs of handling faults outside the Supplier's area of responsibility.

5.3 The availability guarantee applies to the infrastructure the Supplier itself operates. Such services have a guaranteed availability of > 99.5%, measured continuously over a calendar month. For services that include a partial delivery from another supplier, a guarantee of > 98.5% applies, unless otherwise agreed in writing. For services delivered wholly or partly on a third-party platform (for example Microsoft 365 and Azure), the third party's own availability and terms apply; the Supplier gives no independent uptime guarantee beyond this. On request, the Customer may receive a report on the actual availability for a quarter in which a Critical Fault has been reported.

5.4 In the event of Critical Faults, Customer Service will on request send a status report setting out the measures taken and the estimated remaining time, followed by a resolution report stating the cause of the fault and the measures taken.

6. Compensation

6.1Quarterly fee means the fixed subscription fee the Customer pays for the affected Service in the relevant quarter. In the event of a breach of the availability guarantee in section 5.3, the Customer may claim compensation in accordance with the table below, calculated on the basis of the quarterly fee for the affected Service:

The tiers are calculated from the guaranteed level for the service concerned. For a service with a 99.5% guarantee, this corresponds to availability down to 99.0% (25%), down to 95.0% (50%) and below 95.0% (100%).

6.2 Compensation is calculated per affected location and may not in total exceed 100% of the quarterly fee for the affected Service in the relevant quarter. Claims for compensation must be submitted in writing within 30 days after the end of the relevant quarter. Compensation under this SLA is the Customer's sole remedy for breach of the availability guarantee. The limitations in this section do not apply to loss caused by the Supplier's wilful misconduct or gross negligence, or where mandatory law precludes such a limitation.

7. Exceptions

7.1 The following does not count as Downtime and is not included in the availability calculation:

• planned maintenance, cf. section 4
• downtime caused by applications, equipment, premises or actions of the Customer or third parties that are not supplied or controlled by the Supplier
• force majeure, including power outages and fire, as well as other circumstances beyond the Supplier's control
• delays due to missing or insufficient feedback from the Customer, or the Customer requesting that fault correction be postponed
• errors or misuse of the Service on the part of the Customer

8. The Customer's responsibilities and prerequisites

8.1 The Customer shall appoint a contact person, keep contact details up to date, give the Supplier the access necessary for troubleshooting and fault correction, and make personnel available in line with the agreed Service Hours. For any equipment the Supplier physically places at the Customer's premises, separate requirements for the operating environment apply, which are agreed separately.

9. Changes

9.1 A change order is a change to an existing configuration that does not constitute a new delivery. Changes that do not require replacement of equipment or infrastructure are normally carried out within 5 Business Days of the Customer's confirmation. Changes that require equipment or infrastructure outside the current Agreement require an extension of the Agreement. If the Customer cancels or modifies an ordered change, the Supplier may invoice for time spent and costs incurred.

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