Please note: The English translation serves to make it easier for you to read the Service Level Agreement. The German version of the Service Level Agreement is legally binding.
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.
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.
“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.
The amount of the credit memo is calculated as follows:
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.
This SLA does not apply to restrictions or failures