ECONDA GMBH

 

Service Level Agreement

Status: November 2016

This econda Service Level Agreement (“SLA”) governs the use of econda software based on an econda customer contract between econda GmbH (“econda”) and the user of the econda software (“the customer, you”). Any definitions of terms not contained in this document should be referred to in the customer agreement or the econda General Business Terms and Conditions.

econda reserves the right to amend from time to time the provisions of this SLA as part of the specification of services for econda software, in accordance with the econda General Business Terms and Conditions and the relevant customer agreement.

Service commitment

econda will make all commercially reasonable efforts to achieve during a monthly billing period a monthly system availability rate (as defined below) for econda software of 99.9% (Service commitment). If econda fails to meet the service commitment, the customer is entitled to a service credit note as described below.

Definitions

 

  • “Monthly system availability” is calculated by subtracting from 100% the percentage of minutes within a month during which econda software’s status is “unavailable”. The monthly system availability calculations do not take into account the periods of downtime that are directly or indirectly due to econda SLA exclusions (as defined below).
  • “unavailable” means that one of the following components is failing to respond or does not have an external connection due to reasons that econda is responsible for and that are not listed under the exclusions.
    • Data collection
    • Evaluation interface
    • Data retrieval
  • A “service credit note” is a credit note that is calculated as described below and can be credited to an authorized account by econda.

Service commitments and service credit note

Service credit notes are calculated according to the following specifications as a percentage of the time charges (billing month) for a software product that had the status “unavailable” in a billing month.

Percentage of monthly system availability

Greater than or equal to 99%, but less than 99.9%: Compensation rate of 10% of time charge for the billing month

Less than 99%: Compensation rate of 30% of time charge for the billing month

econda only offsets any service credit notes against future due payments to be made by the customer for the relevant software product. Service credit notes cannot be transferred or offset against another account or another software product. Receipt of a service credit note according to the provisions of this SLA is the only, exclusive legal remedy for non-availability of a software component.

Application for a credit note and payment procedure

To obtain a service credit note, you must submit a claim by initiating an incident via support@econda.de. To ensure that you receive the service credit note, your application for a credit note must be received by us by the end of the billing month after the month when the incident occurred, and contain the following details:

  1. the dates and times of non-availability
  2. the products and components affected
  3. your request logs that document the errors and provide evidence of the downtime you are claiming.

If the availability was confirmed by econda for the month that the relevant application refers to, and is lower than the service commitment, econda will issue you with a service credit note.
If you do not submit your application to econda and the additional information in the manner specified above, your request to receive a service credit note will be turned down.

econda SLA exceptions

The service commitment does not apply to non-availability of econda software in the following cases:

  • Notification has been given by econda about software maintenance at least 14 days in advance
  • A stoppage in one of the cases governed by the econda General Business Terms and Conditions.
  • Cases that are out of econda’s control, such as force majeure
  • Cases that are based on your actions or omissions
  • Cases that are based on your software or technology or on the software or technology of third parties
  • Cases that are based on the suspension or termination of this contract
  • Cases relating to the malfunction of individual components that are not related to “non-availability”.