Service Level Agreement
PARTIES
(1) Anna & Hubert Labs AB, org.nr 556760-4730, the “Supplier”, and
(2) the Customer.
The parties set out in (1) and (2) above are hereinafter individually referred to as a ”Party” and jointly the ”Parties”.
1. BACKGROUND
This service level agreement, the “SLA” is intended to be applied in conjunction with the SaaS Services Agreement, the “SSA”, between the Parties.
2. DEFINITIONS
2.1 In this SLA, (i) capitalised terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following terms shall have the following meanings assigned to them herein below:
2.1.1 “Downtime” The period of downtime within the Agreed Hours of Service that Availability has not been met with a deduction for the time of Permitted Downtime. Downtime is calculated from the moment in time the failure in Availability is reported in accordance with section 6 until the Service becomes available. When determining Availability in accordance with the formula in section 2.1.5, Availability below, Downtime will not include downtime that is not the responsibility of the Supplier in accordance with section 5.
2.1.2 “Agreed Hours of Service” The Service is available 24/7, however, the agreed hours, for which Availability is calculated, of Service are Monday to Friday (except for public holidays) between 9.00 a.m. and 5.00 p.m. CET (Central European Time).
2.1.3 “Service” Service as referred to in this SLA, refers to the Service in the SSA that is affected by Downtime.
2.1.4 “Permitted Downtime” a) planned service and maintenance about which the Customer has been informed in advance, or b) other Downtime at the request of the Customer or with the Customer’s approval. The number of occasions of Permitted Downtime as referred to in a) above must not exceed one per month, except where otherwise is agreed.
2.1.5 “Availability” Availability of the Service means that the Service is available at the measuring point. Availability is calculated using the following formula:
Availability (%) = (AS-TB- AB) / (AS – TB) x 100
AS = Agreed Hours of Service
TB = Permitted Downtime
AB = Downtime (This does not include Downtime for which the Supplier is not responsible, under section 5)
3. AGREED AVAILABILITY
Agreed Availability for the Service measured per calendar month is: 95 %. In order for the Service to qualify as Available, the results in the Service should be accessible 24h after the Candidate has responded to the interview.
4. AGREED LEVELS OF SERVICE FOR HELPDESK
4.1 The response frequency in stated response time for calls received from permitted users during the Agreed Hours of Service measure per calendar month is as follows:
4.1.1 The Supplier will acknowledge receipt of service request within two hours. Service Requests will be resolved within 48 hours. The Supplier commits that 95 % of the Service Requests will be resolved within 24 hours.
4.1.2 Should the agreed, or presupposed, volume change to a not insignificant extent (more than 10 %), the Supplier is entitled to adjust the agreed levels of service above.
5. DOWNTIME FOR WHICH THE SUPPLIER IS NOT RESPONSIBLE
5.1 The Supplier is not responsible for Downtime or any other failure to satisfy the agreed service level if the Supplier can show that it was caused by any of the following circumstances and provided that the said circumstance was not directly attributable to the Supplier:
(i) Erroneous data is uploaded by the Customer
(ii) Data upload is delayed by the Customer
(iii) Circumstances outside the Supplier area of responsibility for the Service, such as the failure of communications or other products or services from third parties for which the Supplier has not specifically taken responsibility
(iv) Any other circumstances for which the Customer has responsibility under SSA
(v) Virus or other security interference, provided that the Supplier has implemented security measures in accordance with any agreed requirements or, in the absence of such requirements, in accordance with professional standards, or any circumstance referred to as force majeure or corresponding limitation of liability in the SSA.
6. REPORTING OF DOWNTIME
6.1 The Customer has responsibility for ensuring that the fault is reported using the agreed channels (email: support@hubert.ai) or through the Helpdesk in the service. The report shall include a relevant description of the fault and contact details for the users affected (if applicable).
7. PRICE REDUCTION IN EVENT OF FAILURE TO REACH AGREED LEVEL OF SERVICE
7.1 If Availability is below the agreed level of Availability for the Service, the Customer is entitled to a price reduction of the percentage of the monthly fee for the Service (that is one twelfth of the yearly license fee in the SSA), the “Monthly Fee”, as shown in the table below or in another appendix.
Availability between 85% to 95% 5% reduction
Availability between 75% and 84 % 10% reduction
Availability between 51% and 74% 50% reduction
Availability of 50% or less 100% reduction
7.2 The maximum price reduction per month in the event of failure to meet Availability that can be credited to the Customer is 100% of the Monthly Fee.
7.3 If the level of service falls short of the agreed Helpdesk service in accordance with section 4, the price is reduced by 5 % of the Monthly Fee.
7.4 If a fault means that the Customer may become entitled to a price reduction for failure to satisfy various levels of service as a result of one and the same event, only one price reduction may be made as a result of this event per month.
7.5 If several agreed levels of service entitle the Customer to claim a price reduction, the maximum price reduction per month that can be credited to the Customer is 10 % of the Monthly Fee for the month in question.
7.6 The Supplier has responsibility for failure to satisfy agreed levels of service only in accordance with the conditions of this appendix. Other than just stated, the Customer is not entitled to any damages or other compensation due to non-compliance of agreed service levels, other than in the event of intent or gross negligence.
7.7 Failure by the Supplier to successfully provide services or having more than one month with service reductions allows the Customer the right to terminate the contract in writing without notice.