In this SLA (either in addition or contrary to the Terms and Conditions) the following definitions shall be used, which are written with an initial capital letter, irrespective of whether these terms are used in its singular or its plural form. These definitions carry the following meaning

Agreement

This Service Level Agreement

Availability

The ability of a user to access information or resources in a specified location and in the correct format.
Downtime

Refers to a period of time that a system fails to provide or perform its primary function.

Force Majeure

Event Such event may include action or inaction of governmental, civil or military authority; fire; strike; lockout or other labour dispute (but not including delays caused by subcontractors or suppliers); flood; war; riot; theft; earthquake and other natural disasters or events beyond the reasonable control of C-Facts.

Incident

An Incident is defined as an unplanned interruption or reduction in quality of an IT service (a Service Interruption).
Monthly Uptime Percentage

total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

Outage

The total number of minutes that the Customer cannot access the Service

Release

Refers to a version, either full or a hotfix, of the Service or any other third-party software that is used in its system.

Response Time

Initial Response Time is the period from when the Customer submits a support request to when a C-Facts Support Engineer contacts the Customer and starts working on the support request.

Scheduled Maintenance

means those times where C-Facts notifies Customer of periods of expected Services disruptions at least 5 days prior to the commencement of such Services disruption.
Services

the C-Facts SaaS application provided to Customer

Service Credit

a number of free days of Services added to the end of the Customer’s then-current Term.

Support Hours

Daily hours of business that the C-Facts Support Team is available for support.

Severity

Refers to an agreed classification of an Incident. See Sections 4 and 5.

Term

the Term during which Customer receives the Services from C-Facts

Workaround

Refers to a temporary resolution for an Incident that restores functionality of a disrupted Service.

1  Regarding the Service Level Agreement

1.1  The definition of an SLA

A Service Level Agreement is a collection of agreements regarding the agreed service as set out in End User License Agreement. When Customer thinks the services purchased is not functioning properly, it can contact C-Facts Customer Service to account on the quality of the services, based on a Service Level Agreement.

2 Service Level Agreement on Availability

2.1 Availability C-Facts Platform

During the Term in which Customer receives Services from C-Facts, the Services will be operational and available to Customer at least 99% of the time in any calendar month (the “Service Levels“).  If C-Facts does not meet the Service Levels, and if Customer meets its obligations under this Service Level Agreement (hereafter SLA), Customer will be eligible to receive the Service Credits as described in 3.2. This Agreement states Customer’s sole and exclusive remedy for any failure by C-Facts to meet the Service Levels.

2.2 Service Credit Request

Customer Must Request Service Credit in order to receive any of the Service Credits
described below, Customer must notify C-Facts within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.

The aggregate maximum number of Service Credits to be issued by C-Facts to Customer for all Downtime that occurs in a single calendar month shall not exceed five days of Services added to the end of Customer’s Term. Service Credits may not be exchanged for or converted to monetary amounts.

Service Credits can be granted in accordance with the following table:

Uptime Percentage Days of Service Credit
97,5% up to 99% 5 (one week)
95% up to 97,5% 10 (two weeks)
up to 95% 20 (one month)

2.3 Downtime Exclusions

Downtime that results from Scheduled Maintenance does not count against the Availability Service Level nor any error rate that results from Customer’s software or hardware; Customer’s cloud deployment performance; Customer’s unauthorised use of the Services; cloud provider Service disruptions outside the control of C-Facts; and (v) problems outside of C-Facts’ reasonable control.

3 Service Level Agreement on Support

3.1 Support

Customers can contact C-Facts Customer Service 24/7, 365 days a year at customer-service@c-facts.com or at our website https://www.c-facts.com. The Customer Service team is responsible for the technical support communications with customers. Online support is the main source of support via the available in-app or web-based support channels.

The Service Team focuses on two main areas, working with Customer to resolve Incidents; and working with C-Facts Engineering Team to address Incidents of the Customer.

The C-Facts Customer Service system shall automatically assign a case number to any Customer request upon receipt. The Customer must reply to any of its open tickets within the thread of that ticket or on that ticket via the Customer Service portal (after signup).

C-Facts may supply Technical Support by certified C-Facts engineers or certified partners following C-Facts’ practices and security guidelines.

C-Facts shall respond and act upon any Customer request or reported Incident in accordance with its severity as described in Section 3.3 below.

C-Facts Customer Service contact- and availability information as shown in table below

 

 

 

3.2 Incidents

An Incident is defined as an unplanned interruption or reduction in quality of an IT service (a Service Interruption).

Incidents include without limitation Outages and Severity A, B, and C. To prevent misunderstandings: known issues disclosed in the Service release notes and published Service limitations and the items listed as exceptions to Outages below and as exclusions from Support and Maintenance, are excluded from the definition of “Incident.”

Scheduled Outage and/or Maintenance Time.

A failure or fault of Customer’s systems.

Anything outside the reasonable control of C-Facts or its contractors.

Customer’s acts and omissions.

Customer’s own Internet Service provider.

Any systemic Internet failures.

Customer’s bandwidth restrictions.

Customer’s failure to comply with the Customer Responsibilities herein and in the Terms.

A Force Majeure Event.

Customer’s failure to operate the Service in accordance with the Terms and the application.

Any exceptions set forth in Section 2.7 (Limitations) below.

3.3 Response and Resolution Times

Severity Response Times.

 

 

 

 

 

Critical        =        System is down

Moderate    =        System running but multiple functions not working properly

Minimum    =        System is running with one or two functions not working

Support response times are within typical business hours as set for in 3.1

C-Facts may downgrade the severity level if the Customer is not able to provide adequate resources or responses to enable C-Facts to continue with incident resolution efforts.

C-Facts uses a proprietary system to determine the Severity Levels and the Customer agrees that said C-Facts system will be the sole basis for resolution of any dispute that may arise between the Customer and C-Facts regarding this support SLA.

3.4 Maintenance

C-Facts shall endeavor to periodically publish new releases as well as carry out upgrades and Maintenance of the Service’s infrastructure in order to roll out new features and improve performance, stability and security.

Planned Maintenance tasks, resulting in full or partial Outage, shall generally be published to the customers upon login to the C-Facts Service within 5 business days of the Maintenance start date and/or notified by email, but C-Facts is under no obligation to do so.

C-Facts may decide, at its sole discretion, of the need to perform an Emergency Maintenance and shall exercise reasonable efforts to notify customers 12 calendar hours in advance, by either email or message upon login to the Service. However, such notice is not guaranteed and resulting Downtime shall not be considered as an Outage exception and will not be part of the Availability calculation.

C-Facts shall periodically implement relevant Security Patches in accordance with its patch management policy, as part of either planned or Emergency Maintenance activity. Notifications to customers will be handled in accordance with the Maintenance type, as stated above.

C-Facts shall not be held responsible for failure to fulfill its obligations hereunder due to any Force Majeure Event that directly or indirectly delays or prevents its timely performance hereunder. Dates or times by which C-Facts is required to render performance under this SLA shall be postponed automatically to the extent that C-Facts is delayed or prevented from meeting them by such causes.

a. Security Patch

Refers to any software fix released by either C-Facts or any relevant third-party vendor that aims to solve security vulnerabilities.

b. Maintenance

Refers to the modification of the Service and infrastructure in order to deliver new features, correct failures, improve performance or other attributes.

c. Emergency Maintenance

Emergency Maintenance activity performed by C-Facts, without prior notification, that might result in Downtime.

d. Maintenance Time

The time period during which the Service may not be Available each month so that C-Facts can perform routine Maintenance to maximize performance, on an as needed basis, including Emergency Maintenance.

e. Maintenance Notification

Refers to the process of C-Facts informing the Customer about a future Maintenance activity, and generally details the work, its timing and impact on the Service.

f. End of Life (EOL)

Refers to any C-Facts feature/Service that is declared as no longer supported by C-Facts. C-Facts may at any time at its discretion determine that a feature/Service is no longer under support.

g. Total Monthly Minutes

The number of days in the month multiplied by 1,440 minutes per day.