SLA

Service Level Agreement (SLA)

1. Introduction

This Service Level Agreement (“SLA”) is a part of the agreement between SalesTim, owner of nBold (“Provider”) and the customer (“Client”) using the nBold software solution (“Service”). This SLA defines the service levels and expectations regarding the availability and performance of the Service.

2. Service Description

The Service is a B2B software solution designed to enhance collaborative working. The Service is provided on a subscription basis and is accessible remotely through the Internet.

3. Definitions

• Uptime: The time during which the Service is operational and available to the Client.
• Downtime: The time during which the Service is not operational or accessible.
• Business Hours: 8 AM to 11 PM, Monday to Friday.
• Maintenance: Scheduled downtime for updates and improvements to the Service.

4. Service Availability

The Provider will use commercially reasonable efforts to make the Service available 99.9% of the time during each monthly billing cycle, excluding maintenance windows and force majeure events. This corresponds to a maximum of 8.76 hours of unplanned downtime per year.

5. Performance Metrics

• Uptime: The Service will be available 99.9% of the time.
• Response Time: The Provider will respond to support requests within:
  • Sev1 (Critical Issues): 1 hour during Business Hours.
  • Sev2 (Major Issues): 4 hours during Business Hours.
  • Sev3 (Minor Issues): 24 hours during Business Hours.
• Resolution Time: The Provider will use commercially reasonable efforts to resolve reported issues based on their severity:
  • Sev1: Within 4 hours.
  • Sev2: Within 1 business day.
  • Sev3: Within 3 business days.

6. Support and Maintenance

• Support Availability: Support is available through the following channels:
  • Users: Online chat during Business Hours.
  • Administrator: Email at support@nbold.co during Business Hours.
• Maintenance Windows: Maintenance will be scheduled outside of Business Hours. The Client will be notified at least 24 hours in advance for scheduled maintenance that is expected to cause downtime.

7. Incident Management

• Incident Reporting: The Client must report incidents via email to support@nbold.co.
• Incident Classification:
  • Sev1 (Critical Issue): Complete service outage or significant performance degradation.
  • Sev2 (Major Issue): Partial service outage or major functionality impairment.
  • Sev3 (Minor Issue): Minor service issues or inconveniences.

8. Client Responsibilities

• Technical Requirements: The Client is responsible for meeting the technical and material prerequisites specified in Appendix 2.
• User Management: The Client will designate an Administrator to manage User accounts and notify the Provider of any changes.
• Backup: The Client is responsible for regularly backing up their data in accordance with industry standards.

9. Data Security

• Hosting: The Service is hosted on Microsoft Azure, which provides high availability and security standards.
• Backup: Client data is backed up regularly to ensure data integrity and availability.
• Security Measures: The Provider will maintain appropriate technical and organizational measures to protect Client data in accordance with GDPR and other applicable regulations.

10. Compensation

If the Provider fails to meet the service levels outlined in this SLA, the Client will be entitled to service credits as follows:

• Uptime Below 99.9%: 10% service credit for the affected monthly billing cycle.
• Uptime Below 99.0%: 20% service credit for the affected monthly billing cycle.
• Uptime Below 98.0%: 30% service credit for the affected monthly billing cycle.

Service credits must be requested within 30 days of the end of the affected billing cycle and will be applied to future billing cycles.

11. Confidentiality and Privacy

Both parties agree to maintain the confidentiality of all information exchanged under this SLA. The Provider will handle Client data in compliance with GDPR and other applicable data protection regulations.

12. Termination

This SLA is valid for the duration of the underlying agreement between the Provider and the Client. Either party may terminate this SLA by providing 30 days’ written notice to the other party.

13. Miscellaneous

• Governing Law: This SLA is governed by the laws of France. Any disputes arising out of or in connection with this SLA shall be resolved in the courts of Paris, France.
• Amendments: This SLA may be amended by mutual agreement of the parties in writing.
• Severability: If any provision of this SLA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Entire Agreement: This SLA, together with the underlying agreement, constitutes the entire agreement between the parties regarding the Service.