Service Level Agreement (SLA)

For our SaaS software “heavendata commerce cloud”, available at the domain https://heavendata.com, we guarantee an availability of at least 99.5% according to the following conditions.

Introduction

This Service Level Agreement, hereinafter referred to as “SLA”, is part of your license agreement to use our software. Terms that are not explicitly defined in this document are those defined in our terms and conditions or in the service description.

If we do not achieve the promised availability, you are entitled to apply for a partial credit of the license fees.

This SLA will remain unaffected for the minimum term of your license agreement. However, if the agreement is extended beyond the minimum term, the currently published version will always apply. We will notify you of any changes to this SLA at least 90 days in advance.

Terminology

“Invoicing month” means the period from the day of the month in which the contract is concluded up to and including the previous day in the following month, e.g. from 14.07. 00:00 hours to 13.08. 24:00 hours.

“Usage period” is the period of a billing month in which a service is booked.

The “monthly system availability” is calculated by determining the percentage number of minutes of a billing month in which our systems were not “unavailable” according to the formula: (number of minutes of the month – minutes not available) / (number of minutes of the month * 100). The calculation does not take into account downtime that meets at least one of the conditions listed under “Limitations”.

The software is considered “not available” if the software cannot be started in a supported web browser or if core functions cannot be used. This applies similarly to access via other channels (API, feeds, FTP server).

“Failure” means a continuous period of time during which our Services were unavailable.

A “credit” is a percentage of a usage fee already paid that 40three credits to the Customer’s account to offset future fees.

Details

The amount of the credit memo is calculated as follows:

• Monthly system availability < 99.5%: 10% of the license fee for the underlying usage period
• Monthly system availability < 99%: 25% of the license fee for the underlying usage period
• Monthly system availability < 95%: 100% of the license fee for the underlying usage period

application

In order to receive a credit, you must request it from our customer support including all the information necessary for 40three to verify your claim. This information includes, but is not limited to, a detailed description of the problem encountered, including the exact date and time of the problem and, if applicable, what action you have taken to resolve it.

The request for credit must be made promptly after the failure, but by the end of the following month at the latest, in the form described here. A later application is excluded.

Restrictions

This SLA does not apply to restrictions or failures

• that have their cause outside the responsibility of 40three, e.g. network or device failures outside our data center, including errors on your side or between you and our data center.
• by using our software from unsuitable devices, programs or services, including (but not limited to) insufficient Internet bandwidth or out-of-date web browsers.
• as a result of any action or omission on your part, such as lack of adjustment, after we have asked you to do so, if you have not made such adjustment.
• as a result of exceeding usage limits or clearly exceeding the usual amount of usage (fair use).
• if these were caused by external software or services.
• by service maintenance, provided that this maintenance was announced at least 14 days in advance.
• due to an account block corresponding to one of the cases regulated in our General Terms and Conditions.