SERVICE LEVEL AGREEMENT (SLA)

1. Agreement Overview

   This Service Level Agreement (SLA) is made between Interactively Software Solutions SRL (”us” or the “Company”/ “Supplier”) and any legal person that places an order on the website digital-catalogue.com/ and registers an account (“Customer”), effective as of the moment you sign-up an account into our Platform. This document outlines the expected levels of service for the subscription based online services offered by the Company (“Services”).

2. Definitions

   The following terms have a particular meaning:

   • “Application” or “Platform” means proprietary electronic platform developed by the Company to provide Services for the subscribers and shall be available as web application (online website).
   • Service Credits means the service credits available to the Customer under clause 4.3. in respect of Supplier’s failure to achieve the Uptime Percentage. The payment of Service Credits is the Customer’s sole and exclusive remedy for any failure to reach the Uptime Percentage.
   • Service Outage means an instance in which the Customer is unable to access the Platform due to a failure of the Company for more than 15 consecutive minutes and notifies the Supplier of such within 24 hours of the service outage.
   • Support Hours means on Business Days , Monday to Thursday from 9:00am - 5:00pm EEST, and Friday from 9:00am - 4:00pm EEST.
3. Description of Services

   The services covered under this SLA include:

   • Account Management: Creation, maintenance, and updates of digital publications and other related products that are offered through the Platform.
   • User Support: Assistance with Services’ functionalities, including user access and troubleshooting.
   • Data Security: Measures to protect customer data.
   • Performance Monitoring: Regular assessments of service performance metrics.
4. Service Levels
   1. Uptime Percentage means 99.5% free from Service Outages, calculated on a calendar monthly basis solely on the Supplier’s monitoring systems or authorised external monitoring services, excluding any down time due to any of the factors listed under clause 4.4.
   2. The Supplier will use commercially reasonable endeavours to maintain the availability of the Services to the Uptime Percentage.
   3. Service Credits
      • If Customer wishes to claim a Service Credit in respect of a failure of Supplier to meet the Uptime Percentage, the Customer must notify the Supplier by emailing contact@interactively.eu within five Business Days of the end of the calendar month to which the claim relates. Failure to notify within 5 Business Days will mean that no Service Credit is applicable.
      • If the Customer is entitled to claim Service Credits from the Supplier, then subject to clause 4.4., the Customer may recover Service Credits based on the following formula:
        • Service Availability: 99.50% to 100.00%, equating to a total downtime of 0 to 90 minutes within a calendar month. In this range, no service credits (0%) will be issued against the monthly fees.
        • Service Availability: 97.58% to 99.49%, corresponding to a total downtime of 90 minutes to 18 hours within a calendar month. In this range, a service credit of 5% will be applied to the monthly fees.
        • Service Availability: 95.70% to 97.57%, corresponding to a total downtime of 19 to 32 hours within a calendar month. In this range, a service credit of 10% will be applied to the monthly fees.
        • Service Availability: 92.47% to 95.69%, corresponding to a total downtime of 32 to 56 hours within a calendar month. In this range, a service credit of 12.5% will be applied to the monthly fees.
        • Service Availability: 89.25% to 92.46%, corresponding to a total downtime of 56 to 80 hours within a calendar month. In this range, a service credit of 15% will be applied to the monthly fees.
        • Service Availability: 89.24% and below, corresponding to a total downtime of more than 80 hours within a calendar month. In this range, a service credit of 20% will be applied to the monthly fees.
      • If Service Credits are recovered by Customer in accordance with this clause 4.3 in any month during the Term, then Supplier must set-off the amount of such Service Credits against any Fees payable by Customer in the next invoice rendered by Supplier. No accrued Service Credits are redeemable for cash at termination or expiration of this Agreement, which will be cancelled at termination or expiration
   4. Downtime

      The Supplier is not liable in any way for failure to meet the Uptime Percentage where resolution is delayed due to factors beyond the Supplier’s reasonable control, including but not limited to:

      • a Force Majeure Event;
      • failure of a Third Party Service or third party supplied telecommunication service;
      • scheduled or emergency maintenance services;
      • hardware failure outside the control of the Supplier;
      • software and/or operating system bugs or flaws outside the control of the Supplier;
      • DNS issues not within the direct control of the Supplier;
      • network floods, hacks, attacks, viruses, malware from third parties or individuals;
      • a technology issue originating from the acts or omissions of the Customer; or
      • a backbone peering point issue.
5. Incident Severity & Response Times
   1. The Supplier shall classify the severity of incidents and respond as follows, provided that the time frames begin and operate solely within the support hours set forth in clause 2 letter d above:

      • Severity Level: Critical

        Definition : A “Critical Severity” incident is one that results in: Customer experiences a complete loss of use of Service. In cases where the failure extends beyond the operation of the Platform, the Customer has made every effort to troubleshoot the problem and the Service provided by the Company has been identified as the root cause.

        Response: within 2 hour of Customer Notice.

        Resolution: within 8 hours of Customer Notice.

      • Severity Level: Medium

        Definition : A “Medium Severity” incident is one that results in: Customer experiences a severe loss of use of the Platform or Services. Important features are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion.

        Response: within 8 hours of Customer Notice.

        Resolution: within 24 hours of Vendor Notice.

      • Severity Level: Low

        Definition : A “Low Severity” incident is one that results in: Customer experiences a minor loss of use of the Service / Platform. The impact is an inconvenience, which may require a workaround to restore functionality.

        Response: within 1 business day of Customer Notice.

        Resolution: within 3 business days of Customer Notice.

   2. Reports on defects will only be received and processed during the Support Hours, as defined in clause 2 letter d, with the exception of national public holidays in Romania. These are treated as Sundays.
   3. The Supplier will endeavour to meet the targeted resolution times, but cannot be held accountable where the resolution of an incident is delayed due to factors beyond the Supplier’s reasonable control, including but not limited to:
      • delays in receiving responses or information relevant to the resolution, from the Customer, or its related entities;
      • delays caused by the time taken to restore data from backups;
      • delays in the restoration of Third Party Services;
      • delays in the availability of new or replacement equipment; or
      • delays in the provision of services or equipment from third parties that are providing services, software or equipment directly to Customer.
6. Maintenance Services

   The Supplier will use commercially reasonable endeavours to provide:

   • routine enhancements, other modifications and updates to the Service / Platform; and
   • bug fixes, the removal or elimination of other faults or errors in the operation and functionality of the Platform / Services .
7. Support Services
   • The Company will provide reasonable technical support to the Customer via the Documentation and during the Support Hours via the help centre in Interactively or by emailing at contact@interactively.eu (Support Services) for which no Fees will be charged.
   • The Company may access the Customer’s account and modify Customer Material within the Platform for the purpose of assisting the Customer and/or Authorized Users with troubleshooting, training, support and other similar or related requests.
   • The Supplier may change the Support Hours by providing the Customer with reasonable notice, provided that the availability of the Support Services shall not be less than 39 hours in any regular working week.
   • If the Customer requires specialist training or consultation services, the Supplier will provide the Customer with a quote for the required services at the Supplier’s current professional services rates.
   • The Supplier shall not be obliged to provide the following services, which fall outside of the scope of the Support Services to be provided under this SLA:
     • (i) services which may be required due to any malfunction of any Customer hardware;
     • (ii) support of any database products, software, accessories, attachments, hardware, machines, systems or any other devices not supplied by Company to the Customer;
     • (iii) attending to faults or errors in the Platform / Services which are caused by their utilisation outside of the Documentation (provided through the online technical support forms and forms made available to the Customer by the Company on the platform itself,) which sets out a description of the Services, the user instructions for the Services , as may be updated by the Company according to its Terms.

Please contact us at contact@interactively.eu with any questions regarding this Agreement.