Service Level Agreement (SLA) Data Manager Catalogue Solutions

Version 1.1 , Status: 01.04.2023
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Preamble

The Service Level Agreement (SLA) represents an agreement between the customer and TecAlliance on the provision of recurring services to specific quality criteria. This SLA defines the provision of support for TecAlliance TecDoc Catalogue Solutions when provided as Software-as-a-Service (SaaS), availability. This SLA does not apply to Third-Party Vendor solutions (e.g. VIN Services, Option 2). In addition to the contractual terms and conditions and the service description, the SLA forms the basis for the provision of services by TecAlliance.

  1. General provisions

    1. Definitions

      1. Maintenance time

        The maintenance time is the time during which maintenance work is performed in the data center that can affect the response times of TecAlliance services.

      2. Response time

        Response time means the time between receipt of the customer's fault report and initial contact by TecAlliance in the matter relating to the fault report. In addition to a telephone call, contact is also established by e-mail if TecAlliance cannot be reached by telephone or if contacting by telephone was not desired.

      3. Downtime

        Downtime refers to the period of time during which the service is affected by an unplanned disruption.

      4. Working day and hours

        Working days are the weekdays Monday to Friday except for 01.01., 25.12. and 26.12. Working hours are the hours between 08:00 and 17:00 CET/CEST on working days.

      5. Availability

        Availability of the Software means a condition in which there is an uninterrupted connection between the servers hosting the Software and the delivery point to the Internet and the Customer can use the Software.

      6. Minimum availability

        Minimum availability - is the percentage of a defined period of time during which the availability of the software is not affected by any downtime.

  2. Scope

    1. Entry into force

      The SLA comes into force with the conclusion of a license agreement between the customer and TecAlliance. The SLA is part of the respective service description in the license agreement between the customer and TecAlliance.

    2. Term and termination

      The term of the SLA is based on the underlying license agreement between TecAlliance and the customer. The right to extraordinary termination for good cause remains unaffected.

  3. Support

    1. Scope of services

      1. Support includes assisting and advising customers in resolving problems with the use of the Software, including reviewing, analyzing, and correcting defects and errors in the Software and providing bug fixes, upgrades, and updates to the Software to ensure its functionality.

      2. Cases beyond section 3.1.1are not covered by the support, especially if they are caused by the following circumstances:

        • Negligence, misuse, or improper use by the customer,

        • Modification to the software not performed or approved by TecAlliance,

        • Acts of third parties,

        • Third-party products or

        • force majeure.

      3. Services that are not included in the support according to section 3.1.2 be provided by TecAlliance at a daily rate of € 1,200.00 (net). Invoicing shall be on a pro-rata basis per 30 minutes or part thereof. TecAlliance shall inform the customer in text form before providing chargeable services.

    2. Classification

      TecAlliance classifies each support request according to the criteria defined below. TecAlliance may combine identical or similar support requests from the customer that relates to the same fault into one support request.

      Classification Definition
      Minor No interruption of normal use. The customer can use the system without restrictions.
      Non-critical Minor interruptions in normal use. No major impact on the customer side.
      Critical Severe problems and interruptions to normal use.
      Emergency Complete failure. No use is possible by the customer.

    3. Accessibility

      TecAlliance Support is available from Monday to Friday from 08:00 to 17:00 CET/CEST at https://www.tecalliance.net/en/company/support/. Exceptions are the days 01.01., 25.12. and 26.12.

    4. Language

      TecAlliance provides support in German and English.

    5. Response time

      TecAlliance guarantees the following response times according to the classification of the support request made according to clause 3.2.

      • Minor: 3 working days

      • Non-Critical: 1 working day

      • Critical: 4 working hours

      • Emergency: 2 working hours

    6. Troubleshooting

      TecAlliance will use its best efforts to eliminate faults as quickly as possible and will regularly inform the customer about the progress of fault elimination. However, it is not possible to specify and guarantee fixed periods of time for fault elimination in advance, as faults can be of many different types and have many different causes.

    7. Cooperation obligations of the customer

      1. The customer shall cooperate, to the extent necessary, in the provision of the support services. It shall provide TecAlliance with all information required for the performance of the services. It shall also provide test data, test capacities, and qualified employees.

      2. The customer shall name a system responsible employee and a representative to TecAlliance in the support request. Only employees of the customer who are qualified for this and have been trained in the handling of the corresponding software can be named as the system responsible person and his deputy. The customer shall notify TecAlliance of the change of the above-mentioned persons as soon as possible. In particular, the customer shall ensure that, after reporting a malfunction, the person responsible for the system or his representative can be reached by TecAlliance for queries and suggestions for remedial action at least within the time defined in clause 3.3

      3. The customer shall take all necessary measures within the bounds of what is reasonable to determine, limit and document the malfunction and errors. The customer shall provide TecAlliance with system logs and memory dumps, affected input and output data, interim and test results, and other documents suitable for illustrating the malfunctions.

      4. The customer shall allow the use of its premises, hardware, software, and telecommunication facilities, if required and agreed in advance, insofar as this is necessary for the provision of the support services by TecAlliance and these cannot be provided by TecAlliance in any other way.

      5. If the customer does not or does not fully comply with his obligations to cooperate and the provision of support services by TecAlliance is delayed as a result, TecAlliance shall not be responsible for this.

  4. Availability (uptime) of the Solutions

    TecAlliance operates the software 24 hours a day, 7 days a week. The minimum availability is 99.5% and is based on a calendar month.

    The following failures are not considered when determining availability:

    • Maintenance is scheduled and regular maintenance windows

    • All forms of force majeure,

    • Failures due to computer crime by third parties, unless these have been caused or made possible by intentional or grossly negligent behavior at TecAlliance,

    • non-performance or breach of duties to cooperate by the customer or his vicarious agents or

    • Failures or disruptions of the Internet or communication networks.