1. About this document
This Service Level Agreement for 365 business development GmbH Online Services (this "SLA") is part of your License Agreement ("Agreement"). All terms used herein but not defined in this SLA shall have the meaning ascribed to them in the Agreement. This SLA applies to the online services listed herein (a "Service" or the "Services"), but does not apply to separately branded services provided with or associated with the Services or any proprietary software that is part of a Service.
If we fail to achieve and maintain the service levels described in this SLA for the individual services, you may be entitled to a credit in respect of a portion of your monthly service fees. During the initial term of your subscription, we will not change the terms of your SLA. However, if you renew your subscription, the version of this SLA that is current at the time of renewal will apply during the renewal period. We will notify you at least 90 days in advance of any material changes to this SLA.
Previews and online services and/or service levels provided free of charge are neither included nor eligible for SLA claims or credits.
2. General provisions
2.1 Definitions
"Applicable Period" means, for the 30 days prior to and including the last day of the Incident for which a Service Credit is owed, the number of days you are a Subscriber to a Service.
"Applicable Service Fees" means the total fees actually paid by you for a Service and applied to the month in which a Service Credit is owed.
"Downtime" is defined for each service in the service-specific provisions below. Downtime does not include scheduled downtime. Downtime does not include unavailability of a Service due to the restrictions described below and in the Service Specific Terms.
An "error code" is an indication that a process is faulty, e.g. an HTTP status code in the 5xx range.
An "External connection" is the bidirectional network traffic via supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.
An "incident" is (i) any single event or (ii) any group of events that results in downtime.
A "Scheduled Downtime" means downtime related to network, hardware or service maintenance or upgrades. We will publish or give you at least five (5) days' notice of such downtime.
A "Service Credit" is the percentage of Applicable Service Fees that will be credited to you upon approval of the claim by 365 business development.
"Service Level" means the performance indicator(s) that 365 business development GmbH undertakes to meet in the provision of the Services, as set out in this SLA.
A "Service resource" is a single resource that is available for use within a service.
A "success code" is an indication that a process was successful, e.g. an HTTP status code in the 2xx range.
A "support period" is the period during which a service function or compatibility with a separate product or service is supported.
"User Minutes" is the total number of minutes in an Applicable Period, minus any scheduled downtime, multiplied by the total number of Users.
2.2 Provisions
2.2.a Claims
In order for 365 business development to consider a claim, you must submit the claim to Customer Support at 365 business development GmbH together with all information necessary for 365 business development to review the claim, including but not limited to (i) a detailed description of the incident; (ii) information about the time and duration of the downtime; (iii) the number and location(s) of users affected (if applicable); and (iv) descriptions of your attempts to resolve the incident at the time it occurred.
We will evaluate all information reasonably available to us and determine in good faith whether a service credit is owed. We will use commercially reasonable efforts to process claims during the following month and within forty-five (45) days of receipt. You must be in compliance with the Agreement to be entitled to service credit. If we determine that you are entitled to a Service Credit, we will apply the Service Credit to your Applicable Service Charges.
If you have purchased more than one service (not as a suite), you can claim as if each service was covered by an individual SLA, following the process described above. Unless otherwise provided in a particular SLA, only one Service Credit is allowed per Service for an Applicable Period.
2.2.b Service credits
Service Credits are your sole and exclusive remedy for performance or availability issues for any Service under the Agreement and this SLA. You may not unilaterally offset your Applicable Service Charges for performance or availability issues.
Service credits only apply to fees paid for the respective service, service resource or service level for which a service level has not been fulfilled. The Service Credits granted in any billing month for a particular Service or Service Resource will under no circumstances exceed your monthly Service Charges for that Service or Service Resource, where applicable, in the relevant Applicable Period.
For services purchased as part of a suite or other individual offer, the Applicable Service Fees and the Service Credit will be calculated pro rata for each service.
If you have purchased a Service from a Retail Partner, you will receive a Service Credit directly from your Retail Partner and the Retail Partner will receive a Service Credit directly from us. The Service Credit will be based on the estimated retail price for the relevant Service, as determined by us in our reasonable discretion.
2.2.c Restrictions
This SLA and all applicable service levels do not apply to the following performance or availability issues:
- due to factors beyond our control (e.g. natural disasters, wars, terrorist attacks, riots, government action, network or equipment failure outside our data centers, including at your location or between your location and our data center),
- arising from the use of services, hardware or software not provided by us, including, but not limited to, problems related to insufficient bandwidth or third party software or services,
- caused by your use of a Service after we have instructed you to change your use of the Service and you have not changed your use as instructed,
- during or in respect of any preview, pre-release, beta or trial version of any service, feature or software or purchases made with 365 business development subscription credits,
- caused by your unauthorized act or failure to act as required, or that of your employees, agents, contractors or suppliers, or anyone else who has gained access to our network using your passwords or devices,
- caused by your failure to comply with required configurations, use supported platforms, comply with acceptable use policies, or your use of the Service that does not comply with our published help guides,
- resulting from incorrect inputs, instructions or arguments,
- resulting from your attempts to perform operations that exceed prescribed quotas or resulting from our curtailment of suspected abusive behavior,
- due to your use of the service functions that fall outside the assigned support period, or
- for licenses reserved but not paid for at the time of the incident.
Your initiated processes such as restart, stop, start, failover and scaling of computing power and memory, which cause downtimes, are excluded from the operating time calculation. Monthly maintenance windows that cause downtime to patch your server and infrastructure are excluded from the uptime calculation.
Services purchased in the form of a Product Key are not eligible for Service Credits based on Service Fees. For these Services, any Service Credit to which you are entitled will be credited in the form of Service Time (i.e. days) instead of Service Fees.
3. Service level agreements (SLA)
Service Level Agreements (SLAs) set out the customer's expectations regarding the service provider's performance and quality in various ways. The following defines the response times and incident reporting path for the online services listed herein.
3.1 Incident reporting
An incident is deemed to have been reported if it is reported to 365 business development GmbH via one of the following channels:
- Ticket system: https://365businessdev.atlassian.net/servicedesk
- E-Mail: support@365businessdev.com
Reporting via the ticket system is recommended in order to ensure the best possible traceability and documentation.
3.2 Priorities and response times
Faults can be reported in four priorities:
| Priority | Response time |
|---|---|
| Highest | 2 hours |
| High | 8 hours |
| Standard | 1 working day |
| Low | 10 working days |
The response time is defined as the time between the user reporting the fault to the helpdesk or ticket system and 365 business development GmbH starting work to solve the problem.
Priority is selected based on the following matrix according to the criteria of "impact" and "urgency":
| High urgency | Medium urgency | Low urgency | |
|---|---|---|---|
| High impact | Highest | High | High |
| Medium impact | High | Standard | Standard |
| Low impact | Standard | Low | Low |
3.2.a Urgency
Urgency is the need to act at short notice. A high degree of urgency exists in particular in the event of imminent danger or a production stoppage with high financial consequences. Medium urgency is when the problem can be avoided with the help of workarounds. All other incidents have a low level of urgency.
3.2.b Impact
The impact describes the degree to which processes or users are affected by the disruption. A high impact affects all users. A medium impact affects departments or a larger group of affected users. All other incidents have a low impact.
4. Service-specific conditions
4.1 365 business API
Availability
The general availability of the 365 business API service and the included services and products is 99.95%.
Scope
The 365 business API services include the following services and products:
- 365 business ERiC
- 365 business Barcode
- 365 business PDF
- 365 business Address Validation
Calculation of operating time and service levels
The "Total Number of Triggered Executions" refers to the total number of all executions of API Services of the 365 business API triggered by the customer in each subscription during an applicable period. "Unavailable executions" refers to the total number of executions within the total number of triggered executions that were not executed. An execution is considered to have failed if the relevant log has not recorded any output five (5) minutes after the trigger has been successfully activated.
The uptime percentage is calculated by: (Total triggered executions − Unavailable executions) / Total triggered executions × 100
| Operating percentage | Service credit |
|---|---|
| < 99.95% | 10% |
| < 99% | 25% |
| < 95% | 100% |
4.2 365 business Print Agent
Availability
The general availability of the 365 business Print Agent Cloud service is 99.9%.
Calculation of operating time and service levels
"Downtime" refers to any period during which the unavailability of the "Print Agent Cloud" service results in users being unable to find printers or submit print jobs or administrators being unable to register or configure printers, control access or monitor the status and usage of "365 business Print Agent".
The operating time percentage is calculated by: (User minutes − Downtime) / User minutes × 100, where the Downtime is measured in user minutes.
| Operating percentage | Service credit |
|---|---|
| < 99.9% | 25% |
| < 99% | 50% |
| < 95% | 100% |