Service Level Agreement

Version 2.0 | 12 januari 2021

An SLA (also referred to as a Service Level Agreement or Service Level Agreement) describes the quality of the services provided in this case by Drawbridge54. Thanks to this SLA, the customer is aware of the details and costs of the services he purchases and the Drawbridge54 can be billed on it if it does not deliver the agreed quality.

If the services provided do not meet a certain quality condition, they must be improved. Because the quality requirements of the services are established in advance, it is easy to check whether these are met with an SLA.

Based on this agreement, a cost plan can also be made so that it is determined in advance how much money the service will cost. The amount of the costs depends on the type of services and their interpretation. An SLA is also suitable for charting the costs of existing services and implementing cost savings if necessary.

Artikel. Definitions
1.1. Emergency Maintenance: maintenance which needs to be executed immediately to avoid (partial) unavailability of Service, or to avert or resolve security risks and/or leaks.
1.2. Fix(es): any change or workaround to the Service that corrects a problem with the Service that causes it to crash, lose data, or prevents it from performing substantially in accordance with the Documentation.
1.3. Maintenance Window: Every morning from 00.00 hours (local time User) till 06.00 hours (local time User) on Business Days, Sundays, Saturdays and Dutch national holidays.
1.4. Functional Support: Support for Users having questions regarding configuration or workflow (the method).
1.5. Technical Support: support for Users regarding Defects.
1.6. Planned Maintenance: maintenance that is announced to Client or Partner, which announcement was done at least 24 hours before the planned maintenance is scheduled.
1.7. Service Fee: monthly fee paid by Client for the Subscription, V.A.T excluded, in case the fee is not monthly charged, but Client paid an amount for a certain period of time, the amount (V.A.T. excluded) has to be divided by the number of months for which the amount is paid.
1.8. Service Window: available time during a calendar month outside Maintenance Window, minus time used for Emergency Maintenance, minus time which was used for Planned Maintenance.
1.9. Subscription: the subscription to the functionality of the DB54 Toolset, as agreed upon in the Agreement.
1.10. SLA: this service level agreement.

Artikel 2. What services does DB54 render?
2.1. Under this SLA, DB54 renders the following services.
2.2. Availability Service. Availability entails making and keeping the Service available to Client and its Users, by DB54.
2.3. Support. This service entails answering questions of Users regarding the use of the Service.
2.4. Maintenance. Maintenance entails making available new versions of the Service which new versions give User new, fixed or additional functionality. Maintenance is executed by DB54 outside the Service Window.

Artikel 3. What service levels DB54 offers?
3.1. Service level availability. The Service is available for 99.9% during the Service Window per calendar month. In case the Service is unavailable partially or in full for Client or its Users and the unavailability is attributable to DB54, the service is deemed unavailable.
3.2. Service level support. Support for DB54 Toolset is rendered on best effort basis. Therefore, DB54 cannot ensure a specific response time regarding support requests as mentioned in paragraph 3.1 of this SLA. However, it will do its utmost best to process all raised Support issues in a timely fashion.
3.3. Service level maintenance. Maintenance is rendered on best effort basis. Therefore, DB54 cannot ensure that maintenance is executed, and that Defects will be fixed immediately. However, it will do its utmost best to address and fix Defects as soon as possible. In case maintenance is executed, it will be executed within the Maintenance Window, or within the announced Planned Maintenance time frame. Emergency Maintenance is executed immediately.

Artikel 4. Penalties
4.1. The following penalties apply in case the service level of the availability as set out, and defined, in paragraph 2.2 is not met.
– Less than 99% 10% of Service Fee
– Less than 98% 25% of Service Fee
4.2. Only in case Client acquired the Subscription directly from DB54, User is entitled to the aforementioned penalties in case the penalties are due. In that case the penalty is set off against the amount due by Client under the next invoice issued by DB54 to User. In case User acquired Subscription through a Partner, only the Partner is allowed to the Penalties. In that case the penalty is set off against the amount due by Partner under the next unvoiced issued by DB54 to Partner.
4.3. Client or Partner is only entitled to the penalties in case Client or Partner notifies DB54 of not meeting the service level sanctioned with a penalty in the first four (4) Business Days in a new calendar month, and Client or Partner can proof that DB54 did not meet the service level in question.

Artikel 5. Other stipulations
5.1. This SLA can be changed by DB54 from time to time.
5.2. Changes in the SLA will always be announced in timely fashion prior to entering into force.
5.3. This SLA cannot be seen separately from the Agreement.
5.4. This SLA is governed by the laws of the Netherlands.