1.1.This document (hereinafter also just “SLA“) lays down the rights and liabilities of the Provider and the User in relation to technical support service provision, incident reporting and troubleshooting in connection with the Service operation.
1.2. Capitalized terms have the same meaning as in the General Business Terms and Conditions (hereinafter also just “GTC“), unless explicitly stated otherwise.
2.1. In compliance with GTC, the Contract and this SLA the Provider agrees to provide the Service and other supplies in a professional and qualified manner with adequate knowledge and skills:
2.1.1. For uninterrupted Service availability;
2.1.2. For remedy of defects caused by the Provider; Under the terms and conditions laid down below herein.
2.2. The User hereby agrees to comply with this SLA and pay the price specified pursuant to the GTC for the Service provided in keeping with this section 2.1.
3.1. The Provider hereby agrees to assure Internet connection of the Service in the scope of min. 99 % of the time in each month of the Service Period. To avoid any doubt, the Contracting Parties may also agree another availability level.
3.2. The time pursuant to section 3.1 hereof shall not include the Service window time, consisting in but not limited to:
3.2.1. Periodic outages notified by the Provider to the User in advance;
3.2.2. Irregular outages necessary for assurance of functionality and safety of the provided Services, including but not limited to updates etc;
3.2.3. Outages or interruptions of the Service provision caused by circumstances beyond the Provider´s control, such as Service cut caused by a third party or by a force majeure event or an unpredictable happening such as war, earthquake etc; (Hereinafter also just “Service Window“)
3.3.The Provider shall submit monthly reports about Service availability measurements and compliance with the contracted parameters pursuant to 3.1 hereof. If the Provider finds out that the contracted availability or parameter has not been met in the current month the report shall include calculation of a discount to be deducted from the Price.
3.4.The discount pursuant to section 3.3 above shall be calculated as 0.1 % of the monthly Price of the Service for each 0.1 percent of the measured Service level below the contracted level.
On the basis of the agreed 99% availability the following parameters shall apply for the calculation:
3.4.1. Total Service window length in the current month, including the related outages (Dmaint);
3.4.2. Total length of the current month (Dmonth);
3.4.3. Total time of the Service provision (Duptime), i.e. Dmonth - Dmaint.
The actual Service availability level shall be calculated as (Duptime/ ((Dmonth – Dmaint)) * 100. If the result of the calculation is for example 96.50 % instead of 99.00 %, the difference will be calculated as 99.00 % - 96.50 % = 2.50 % below the contracted level, resulting in the discount of 2.50 % of the Price of the Service.
3.5. To avoid any doubt the Contracting Parties have agreed that the total discount shall not exceed 10 % of the monthly Price within the given Tariff.
4.1. The Provider hereby agrees to remedy defects consisting in partial or complete loss of theService or its functionality operation (hereinafter “Faults“) in compliance with this Article
4.4.2. The Faults are classified as follows:
4.2.1. Class A fault makes due use of an application impossible or directly affects safety of the Service (hereinafter “Class A Fault“). Class A Faults include but are not limited to overall Service cut, an intruder´s break in the system, failure of a component critical for the system operation (Server Errors – message 500), data loss making system operation impossible, non-functionality of forms (impossibility to submit, continue with, save the forms), a substantial slowdown of the system (such as impossibility to show a site in 60 seconds or within a request timeout), impossibility to log in the web administration;
4.2.2. Class B fault is a fault limiting use of an application in a manner not falling under Class A but limiting the User in use of the Service (hereinafter “Class B Fault“). Class B Faults include but are not limited to non-functionality of a part of the system after the system update (change deployment), which non-functionality cannot be classified asClass A Fault, or non-functionality of the system integration with third party systems and/or systems of other suppliers, if this integration is part of the Services provided by the Provider under the Provider´s responsibility;
4.2.3. Class C fault is any fault not classified as Class A or Class B Fault (hereinafter “Class C Fault“). Class C Faults include form control failures not affecting pass through the form, corrections affecting the system behavior in non-essential aspects (help, animations etc.),changes in text and image documents, error references of type 404 in the table of contents, corrections of layouts in different browsers, etc.except for content and visual defects caused by the User or a third party authorized by the User by their conduct, error or failure to observe the Provider´s instruction.
4.3. Unless explicitly agreed otherwise, the following shall apply if a fault is detected:
4.3.1. The User shall document the fault and report it to the Provider without undue delay;
4.3.2. The User shall provide to the Provider all necessary documents, data and assistance needed for finding the source of the fault and its remedy;
4.3.3. The Provider hereby agrees to respond to any fault reporting within the deadline specified further in section 4.4 below and begin with the fault remedy immediately afterwards;
4.3.4. After the fault remedy the Provider shall inform the user about theFault and its remedy;
4.3.5. During the work on the Fault remedy the User hereby agrees to respect and observe the Provider´s instructions concerning the affected Service.
4.4. The Provider hereby agrees to begin with any Fault remedy:
4.4.1. In 60 minutes from its reporting in the case of Class A Fault;
4.4.2. In 8 hours from its reporting in the case of Class B Fault;
4.4.3. In 3 days from its reporting in the case of Class C Fault; on workdays between 9:00 am and 5:00 pm.
4.5. The Provider hereby agrees to complete the Fault remedy:
4.5.1. In 8 hours after elapse of the period specified in section 4.4.1 hereof in the case of Class A Fault;
4.5.2. In 48 hours after elapse of the period specified in section 4.4.2 hereof in the case of Class B Fault;
4.5.3. In 5 workdays after elapse of the period specified in section 4.4.3 hereof in the case of Class C Fault;
4.6. For the purpose of fault reporting the Provider shall provide the User with access to its ticketing system on the Contract execution (hereinafter also “HelpDesk“). The User hereby agrees to report all Faults exclusively via the HelpDesk, and further agrees that in the case of a Fault reported in any other way the Provider shall not proceed with the Fault remedy as described above. The User hereby agrees to appoint and train its representative for Fault reporting possessing the necessary knowledge and experience corresponding to the Service.The User shall also observe the prescribed structure of the ticket in compliance with the documentation made available to is by the Provider. The Fault classification (as Class A, ClassB or Class C Fault) is the responsibility of the User. The Provider shall however by entitled to reclassify or reject a Fault that is not a Fault in the sense hereof. If the User does not agree with a Fault rejection, reclassification or the Proposed method of its remedy then the User shall be liable to notify the Provider in 24 hours from receipt of the Provider´s standpoint related to the reported Fault, otherwise the User shall be deemed to agree with the Provider proposed procedure. If the User does not agree with a Fault rejection, reclassification or the Proposed method of its remedy and the disagreement has been timely notified to theProvider via the HelpDesk then both Contracting Parties shall be liable to enter mutual negotiation without undue delay to arrive at a final and binding settlement of the disagreement in the standpoints of the Contracting Parties related to the reported Fault.
4.7. If the User abuses Fault reporting or repeatedly burdens the HelpDesk with reporting Faults that do not meet the Faulty definition pursuant hereto then the right for compensation of the purposefully incurred costs of the Provider and the right to charge a contractual penalty in the amount of CZK 1,000 per case shall be constituted in favor of the Provider.
4.8. If the Provider delays commencement of a Fault remedy then the User shall become entitled to charge a one-off contractual penalty in the amount of:
4.8.1. CZK 500 per Fault in the case of Class A Faults;
4.8.2. CZK 200 per Fault in the case of Class B Faults;
4.8.3. CZK 200 per Fault in the case of Class C Faults.
4.9.To avoid any doubt, the deadlines for Fault remedy pursuant to 4.5 above herein shall not include the period of the User´s delay in provision of the necessary assistance and information concerning the Fault, especially pursuant to the provisions of section 4.3.2 above herein.
5.1. The Provider shall not take responsibility for achievement of performance parameters of the Service, the Service outputs or results other than those explicitly agreed in the Contract, the GTC and this SLA. The Provider shall not accept any liability towards the User or any third party involved on the User side other than as explicitly laid down in the Contract, the GTC and this SLA.
5.2. The Provider shall not bear any responsibility for consequences of any commercial or other decisions or actions of the User or any third party involved on the User side completely or partly based on use of the Service, its outputs or results by the User. The User hereby agrees that unless explicitly agreed otherwise in writing the data processed by the Service shall not be checked by the Provider and shall be used “as is”, i.e. as obtained by or provided to theProvider, regardless their source.
5.3. The Provider shall not be responsible for damage caused by non-functionality of the Service caused by the User or any third party involved on the User side. The Provider´s total damage liability shall not exceed 3times the monthly Price of the Service pursuant to the applicable Tariff.
6.1. This SLA shall be governed by the Contract and the GTC.
6.2. In the case of any discrepancy between the Contract and this SLA the provisions of theContract shall govern.