The following Service Level Agreement (“SLA”) for Chatlayer SaaS product (“Chatlayer SaaS Product”) applies only to those Customers who have purchased a Service which Sinch has agreed to support with this SLA.
The SLA is governed by and may be subject to change in accordance with the Terms of Service.
Please refer to the Terms of Service and Section 4 below for the meanings given to capitalized terms in this SLA and Support Agreement.
1. Chatlayer SaaS Product Support – Scope and Limitations
1. Chatlayer SaaS Product Support Services. During the term of the applicable subscription, Sinch shall provide technical support for the Chatlayer SaaS Product in accordance with below definitions (the “Chatlayer SaaS Support Services”).
2. Chatlayer SaaS Support Scope. Unless otherwise stated in an Order Form, Chatlayer SaaS Support Services are limited to assistance with: (a) product usage questions; (b) troubleshooting errors or issues related to the operation of the Chatlayer SaaS Product; and (c) access to bug fixes, updates, and maintenance releases as made generally available by Sinch.
3. Exclusions. Unless otherwise stated in an Order Form, Chatlayer SaaS Support Services do not include: (a) implementation, configuration, integration, or customization of the Chatlayer SaaS Product; (b) training of Customer personnel; (c) data migration or other professional services; (d) support for third-party systems or custom code not provided by Sinch; or (e) on-site services.
4. Professional Services. Any services outside the scope of the Chatlayer SaaS Support Services (“Professional Services”) must be mutually agreed upon in a separate Statement of Work (“SOW”) executed by both parties and are subject to additional fees.
5. Customer Responsibility. Customer remains responsible for the configuration, operation, and use of the Chatlayer SaaS Product in accordance with the Documentation, and for ensuring its users are trained and equipped to use the product effectively.
2. Service Levels
Sinch will use reasonable endeavours to meet the following service level:
AVAILABILITY TARGET:
Availability of 99.9% in each Month.
Availability of the Platform is monitored by measuring tools and will be calculated using following formula
Availability for a given period (%) = A / B
Where:
A= Number Successful Measurements during the reporting period
B= Total Number of Measurements during the reporting period
Sinch shall not be responsible for any failure to comply with any part of the SLA to the extent such failure results from one or more SLA Exceptions.
4. Measurement
Tracking of performance against the SLA shall be undertaken by Sinch using its internal measuring tools and processes.
5. Definitions
“Available” means that the Platform is correctly receiving messages and responding with “Availability” is calculated as described in chapter 1.
“Business Day” means a normal working day of Sinch from 8.00 a.m. to 8.00 p.m. from Monday to Friday, excluding European public holidays.
“Incident” is an unplanned interruption to or quality of the Service.
“Month” means a calendar month.
“Platform” means the Chatlayer platform used by Sinch to provide the Services.
“SLA Exceptions” means any failure to meet a service level as a result (either wholly or in part) of: (a) maintenance; (b) acts or omissions of Service Providers; (c) force majeure conditions referred to in the Terms of Service; (d) suspension of the Services in accordance with the Terms of Service; (e) Customer caused issues including (but not limited to): (i) any failure to provide information requested by Sinch; (ii) any failure to interface to the Platform in accordance with Sinch’s instructions; or (iii) the throughput which Sinch has agreed to provide under the Agreement being exceeded.
“Resolution” means that Sinch has determined that a Service Issue has been fixed, resolved or worked around.
“Resolution Time” means the period starting at the end of the Response Time and ending when a Resolution to an Incident has been provided by SINCH to the Customer.
“Response Time” means the period starting from the moment when SINCH has investigated an Incident and the Incident report provided by the Customer and ending when SINCH has provided a written acknowledgement that the report has been received and . In case Sinch requires additional information from the Client to be able to understand the Incident, Chatlayer will immediately notify the Client. The time between requesting such information and its receipt, shall not qualify as Response Time.
“Service Issue” means the Platform and/or Services are not able to be accessed or used substantially in accordance with your Agreement with Sinch.
6. Support Agreement
1. How do I report Service Issues to Sinch? Customers should report all Service Issues to Sinch Customer Support, using one the following methods:
2. What happens after I have reported a Service Issue? Sinch will log a ticket in its support system and give the Service Issue one of the priority levels. See the table in Section 5.3 below for priority levels.
3. Within what timeframes will Sinch try to respond to and resolve my Service Issue? This depends upon the priority given by Sinch to the Service Issue. When a Service Issue is reported in accordance with the SLA, Sinch will use reasonable endeavours to comply with the following Response and Resolution Times:
SINCH Priority
Impact
Response Time objectives
Resolution Time objectives
1.
The Product is not Available for the total of Product Users and End Users. or The Product produces errors with a direct severe impact on all Product Users and End Users.
Two (2) hours during a Business Day.
Four (4) hours during a Business Day; Permanent fix targeted within two (2) weeks.
2.
The Product is operational for the majority of Product Users and End Users, however it functions solely by: – material efforts performed by the Customer; – material additional costs incurred by the Customer; or – having serious restrictions on the functionalities of the Product
Four (4) hours during a Business Day.
Eight (8) hours during a Business Day; Permanent fix targeted within two (2) weeks.
3.
The Product is operational but has certain limitations in functionality for the Product Users and End Users.
Two (2) Business Day.
Five (5) Business Days; Permanent fix targeted within one (1) Month.
4.
The Product is operational but anomalies are identified with regards to the functional documentation provided by SINCH. The anomaly has a minor impact for the Product Users and End Users.
Ten (10) Business Days.
Twenty (20) Business Days; Permanent fix targeted within six (6) Months.
Each Response Time and Resolution Time commences at the point the client reported the Issue through the agreed upon channels (see section 6.1).
Sinch shall not be responsible for any failure to comply with any part of this Support Agreement to the extent such failure results from one or more SLA Exceptions.
4. Does Sinch conduct maintenance? Planning of maintenance is communicated through https://status.sinch.com Planned maintenance with low risk of impact on our customers is planned at Sinch discretion. Maintenance for which impact may occur is planned and communicated as soon is reasonably possible. Additionally, Sinch will use reasonable efforts to give the Customer advance notice through https://status.sinch.com of any planned maintenance by Service Providers which affects Services relating to particular destinations (provided Sinch gets equivalent notice from the applicable Service Providers).
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