Service level agreement

3.2. The Company is not responsible for unavailability that occurs through no fault of the Company.

3.3. If performance falls below the Service Level Threshold, you are entitled to a Service Credit equal to 1% of the Won Fee for each percentage below the specified Service Level Performance Measure. For the purposes of this Service Level Agreement, “Service Credit” means the discount to which you are entitled for the particular month in which performance fell below the Service Level Threshold.

3.4. The Service Credit will not exceed 10% of the total Fee due for that calendar month. The Company acknowledges and agrees that this credit reflects only a price reduction to reflect the reduced value of the Services and is not liquidated damages. Accordingly, such credits are not an exclusive remedy and are in addition to all other remedies available to you.

3.5. Since the Fees are paid in advance, Service Credits are exercised by deducting an applicable discount for that month from the payment of the Fee for the following month.

4. Availability of Support:

4.1. The Company will provide Service Desk support via customer support on the Website: 08:30 to 17:00 ( Monday – Friday, excluding holidays in the Netherlands).

4.2. Messages received outside designated business hours are collected, but no action can be guaranteed until the next business day.

5. Requests:

5.1. The Company will respond to support requests, Service-related incidents and/or other requests submitted by you within the following time frames:

Resolve within 2 hours (during business hours) and within 8 hours (during business hours) for issues classified as Major incident. Major incident means a complete failure of the Service or when more than 50% of users cannot log in;
Resolved within 4 hours (during business hours) and within 2 business days for issues classified as high priority. High priority incidents are defined as the strong performance problems or when core functions of the Service are unavailable to more than 50% of users.
Resolved within 8 hours (during business hours) and within 5 business days for low priority issues. Low priority incidents are defined as those problems when individual components fail for less than 50% of users.
If the urgency of the request is not specified, it will be treated as a low priority request.

5.2. Remote assistance will be provided in accordance with the above schedules, depending on the priority of the support request. Deadlines apply unless the problem is to be resolved on the external supplier’s side.

6. Performance monitoring:

6.1. The Company shall implement all measurement and monitoring tools and procedures necessary to measure, monitor and report the Company’s performance in providing the Services against the applicable Service Levels at a level of detail sufficient to verify compliance with the Service Levels.

6.2. The Company will promptly notify you in writing if the Company’s performance level of any element of the provision of the Services during the term of the Terms is likely to fail or not meet a Service Level Performance Measure.

7. Scheduled downtime:
7.1. “Scheduled Downtime” means a period of unavailability of the Software. The Company has the right to set Scheduled Downtime, which will not count toward Service Level measurements, provided that all of the following conditions are met: (a) the Company has given the Customer at least five (5) days’ notice; (b) Scheduled Downtime shall not exceed three (3) hours; (c) Scheduled Downtime is scheduled between 10:00 p.m. and 5:00 a.m., time in the Netherlands; and (d) Scheduled Downtime does not occur more frequently than once per month. Customer may, at its discretion, approve subsequent extensions or exceptions with respect to Scheduled Downtime in writing.

7.2. The Company will notify the Customer of unplanned downtime necessary for the operation of the Software as soon as possible after discovering the need for maintenance causing such downtime.