Service Level Agreement
This Service Level Agreement (“SLA”) constitutes an appendix to the Supply of Services Agreement entered between the parties. The support and service described below shall consequently be provided from the time agreed by the parties in the Supply of Services Agreement. At termination of the Supply of Services Agreement, this SLA shall be terminated.
The Service (as defined below) will be used by the Customer to interact with its own customers, here called a User. The interaction will be enabled through the app “Idfyed” provided by Idfyed.
In case of any conflict or inconsistency between this SLA and the Supply of Services Agreement, the latter shall prevail.
“Business Service Hours” means 9:00-17:00 CET Monday to Friday (Swedish bank holidays excluded);
“Customer” means the entity utilising the Service covered by this SLA;
“Customer Incident” is defined in 3.4 b;
“Downtime” is defined in 3.1;
“Extended Service Windows” is defined in 3.2;
“Idfyed” means the entity providing the Service covered by this SLA to the Customer;
“Incident” means an interruption to, or a reduction in the quality of the Service;
“Planned Service Windows” is defined in 3.2;
“Service” means the services agreed between the parties to be provided by Idfyed to Customer in accordance with the Supply of Services Agreement; and
“User” means the Customer’s customers, or any other third party, which the Customer choose to give advantage of the Service.
An Incident shall be reported in writing by the Customer to Idfyed in accordance with the instructions provided by Idfyed. Such a report shall include a description of the Incident (including identity of the Customer), the Incident’s impact on the Service, who Idfyed shall contact to receive additional information, an assessment of the severity level. The assessment regarding severity level shall however not be binding for Idfyed.
Severity Definition 5 A single User is impacted by the Incident. A workaround that allows the User to complete the intended use case exists. 4 A single User is impacted, no workaround to complete the intended use case exists. 3 More than one User is impacted, a workaround to complete the intended use case exists. 2 More than one User is impacted, no workaround to complete the intended use case exists. 1 All Users are impacted, no workaround to complete the intended use case exists.
Incident Response and Resolve Times
Severity 1-2 Severity 3-5 Service hours Time to response Time to resolution Time to response Time to resolution Business Service Hours 1h Best Effort 2h Best Effort All other time 4h Best Effort Next business day + 2h Best Effort
The time to response stated above will begin when Idfyed has received sufficient information (as stated under section 2 above) from the Customer through the communication channel instructed.
Availability and Downtime
The service is to be available 99,99 %, 24 hours per day, 365 days per year.
(“Downtime”) means the time from when an Incident of severity 1has been reported to Idfyed in accordance with section 2 above, until the Service has been restored. Downtime shall not include time referable to any of the circumstances stated under section 3.2, 3.3 or 3.4 a-c.
The actual availability percentage for each month shall be calculated by subtracting the Downtime from available time, dividing the difference by the available time and multiplying the result by 100.
Upon the Customer’s request, Idfyed shall deliver reports of the availability of the Service. On repeated requests (more than one per month), Idfyed shall be entitled to charge the Customer for such reports.
Planned and Extended Service Windows
Idfyed shall inform Customer of Planned Service Windows within a reasonable time in advance. Idfyed shall have the right to perform planned service during up to four (4) occasions per month, and each occasion may continue up to one (1) hour (“Service Windows”).
Idfyed shall also have the right to perform Extended Service Windows during up to four (4) occasions per year, and each occasion may continue up to six (6) hours (“Extended Service Windows”). Idfyed shall inform Customer of such Extended Service Window at least one (1) month in advance.
If possible, Planned Service Windows and Extended Service Windows shall be scheduled outside Business Service Hours.
Emergency Changes and Preemptive Security Changes
Idfyed will, outside Planned and Extended Service Windows, when necessary to restore failed services or to prevent failure or security issues, execute changes that might impact system availability. The Customer will be informed about such a change as soon as reasonably possible in relation to the situation at hand
In the case Idfyed finds indication that the Service delivered is, or can become compromised, Idfyed will inform the Customer. If Idfyed deems it necessary to change service configuration to mitigate the threat, the Customer has twelve (12) hours (calculated during Business Service Hours) to implement any necessary changes requested by Idfyed. After such time period, the Service might be disrupted until the changes are implemented.
Limitation of Liability
Idfyed shall not be liable for any failure in relation to agreed service levels where Idfyed can show that such failure was, in part, caused by:
a third-party product or service;
a defect in the Customer’s equipment, IT-environment, or software for which Idfyed is not liable under the Supply of Services Agreement, or any other act or omission attributable to the Customer (“Customer Incident”); and
a virus, worm, trojan or other attack on the IT environment which Idfyed suffers notwithstanding having taken reasonable protective measures.
Consequences of breach
For each occasion where the availability during any month is less than 99,99 %, the Customer is entitled to receive penalties. Such penalties shall be calculated as follows:
(% of the subscription fee calculated per month of the Service)
99,989 - 99,90 % 10 % 99,89 - 99,00 % 20 % 98,99 - 98,00 % 30 % Less than 98.00 % 40 %
Notwithstanding the above, Idfyed shall not be liable to pay aggregated penalties for each month corresponding to more than ten (10) % of the subscription fee calculated per month of the Service.
If the availability falls below 98% per cent during (i) three (3) consecutive months; or (ii) three (3) months on a six (6) months period, such failure shall be considered a severe breach of this SLA, entitling the Customer to terminate the Supply of Services Agreement at any time with 30 days’ written notice.
If not otherwise agreed in the Supply of Services Agreement, support and/or service provided under this SLA is included in the fee paid for the Service. However, if the support and/or service provided by Idfyed to a User or the Customer, is due to a Customer Incident, Idfyed shall be entitled to receive compensation for such work in accordance with Idfyed’s from time to time applicable price list.
The Customer shall appoint a person that acts as a single point of contact for Idfyed, and he/she will be authorized to request services and act on Customer responsibilities covered by this SLA.