Sure! The Service Level Agreement (SLA) outlines the terms and conditions under which MTH guarantees the availability and maintenance of the APP platform
Article 1. Subject matter
- If MTH and the Customer jointly decide in writing to apply the terms of this SLA, this SLA becomes an integral part of the main contract with the Customer, which usually consists of an order form of which the Terms of Use form a part.
- The provisions of the main contract will remain in force and will also apply to this SLA, as will the definitions contained therein.
- In the event of any conflict between the terms of the main contract and the terms of this SLA, the terms of this SLA will prevail.
Article 2. Definitions
- “Availability”: the percentage of total time, measured over a full calendar month, during which the App platform must be fully up-time for the Customer and the End-user.
- “Down-time”: the Maintenance Window deducted from the total period (in minutes) during which the App platform is not available. The formula is as follows: Down-Time = total down-time (in minutes) – Maintenance Window (in minutes).
- “Effective Availability”: the period during which the App platform is actually available, expressed as a percentage. The formula is as follows: Effective Availability = ((Maximum Availability - Down-time) / Maximum Availability) x 100.
- “Maintenance Window”: the period of time (in minutes) during which planned Scheduled Maintenance is carried out on the App platform, as a result of which the App platform may not be available.
- “Maximum Availability”: the period in time (in minutes) during which the App platform is available. Theoretically, this is 60 minutes * 24 * the number of days in the respective calendar month.
- “Scheduled Maintenance”: the performance of maintenance work on the App platform.
- “SLA”: this service level agreement.
Article 3. Maintenance and Support Services
- MTH will keep the App platform up-time, meaning MTH will guarantee, in a regime of 24/24 hours and 7/7 days, that the App platform is kept available in accordance with the modalities described in Article 4
Article 4. Incident Management
- The handling of incidents is reactive and focusses on guaranteeing the return of the operationality of the App platform.
- The Effective Availability of the App platform will be at least 99,9% each calendar month:
|
Availability of the App platform |
7x7 and 24/24 |
|
|
30 days/month |
|
|
24 hours/day |
|
|
60 min/hour |
|
Maximum Availability |
43200 min |
|
Maximum allowed Down-time |
45 min |
|
Minimum required Availability |
99,9% |
3. If the Effective Availability is lower than 99,9% for two consecutive calendar months, notwithstanding Article 4 and 4.5, the Customer will be entitled to a price correction as follows:
|
Price Correction Scheme |
Price Correction |
|||
|
|
actual Availability ≥ |
99,9% |
none |
|
|
99,9% |
> actual Availability ≥ |
99,5% |
-5% |
on the invoiced amount of the respective month |
|
99,5% |
> actual Availability ≥ |
99,0% |
-7,5% |
on the invoiced amount of the respective month |
|
99,0% |
> actual Availability ≥ |
98,5% |
-10% |
on the invoiced amount of the respective month |
|
98,5% |
> actual Availability ≥ |
98,0% |
-12,5% |
on the invoiced amount of the respective month |
|
98,0% |
> actual Availability ≥ |
97,5% |
-15% |
on the invoiced amount of the respective month |
|
97,5% |
> actual Availability |
|
-17,5% |
on the invoiced amount of the respective month |
4. The Customer is not entitled to the price correction referred to in Article 3 if the Effective Availability of less than 99,9% is due to Customer itself or any of its employees, subcontractors or suppliers or due to down-time of the systems of a supplier of MTH.
5. After the launch of the App platform, MTH is granted a ramp up period of two (2) calendar months where no price corrections can be applied nor taken into consideration for breach.
6. If the Customer has more than one legal entity, incidents that affect more than one legal entity at the same time will be counted as one incident.
7. If Customer is entitled to a price correction, the maximum price correction will never exceed 500,00 EUR per two calendar months. In any case, the maximum price correction will never exceed 5% of the contract value related to the App platform on an annual basis.
8. If the Customer has more than one legal entity, the maximum price correction from Article 7 is the maximum price correction divided by the total number of legal entities. The result is the maximum price correction per legal entity.
9. No more than once per calendar month, upon ten (10) days written notice from the Customer, MTH will make available its records and data relevant to the Customer for the calculation of the minimum required Availability.
10. This price correction will be automatically settled by MTH via a credit note after the end of each calendar quarter.
11. This SLA provides Customer's sole and exclusive remedy for MTH’s failure to meet the minimum required Availability.