Service Level Agreement 07/23

Last Updated: February 2024

1. Solution and Platform Support¹

Support level	Standard
Operating hours	Business hours (as further defined below) Mon-Fri
Support language	English
Product Updates	✔
Tickets submission	✔
Active Geo-replication for DR	✗
Dedicated hotline	✗
Yearly System Availability report	✔
Additional non-production tenant	available at additional costs
Additional production tenant	available at additional costs

2. Ticket Response

First Response:	from the time the initial service ticket issued by an Administrator is received by beqom
Critical (Severity 1) High (Severity 2) Normal (Severity 3) Low (Severity 4)	4 business hours 1 business day 2 business days 5 business days
Business Hours	Monday-Friday
North America - East/Central North America – Pacific EMEA	8am-5pm (local zone) 8am-5pm (PST/PDT) 9am-5pm (GMT+1/+2)

In the event the Error has not been resolved during the First Response time above, beqom shall continue its actions based on the resolution schedule set out in table 3 below until a Final Resolution is found, either by beqom providing to Client:

a Fix for the Software;
a mutually agreed upon Work-Around; or
any other remediation measure, such as a reconfiguration of the Software.

3. Resolution

Severity level:	Actions
Severity 1	24/7 continuous engagement² (from the time the requesting Administrator has approved beqom’s access to the production instance) of a team of beqom engineers to find a resolution to the reported Error. beqom will provide a status report to Client every 4 hours until a Final Resolution is achieved.
Severity 2	Continuous engagement² (from the time the requesting Administrator has approved beqom’s access to the production instance³) during Business Hours of a team of beqom engineers based on the ticket response and analysis targets set in table 2. A status report will be provided to Client once a day until a Final Resolution.
Severity 3	Client and beqom shall mutually agree on an acceptable resolution timeframe. beqom will provide a status report to Client once every two weeks or earlier as progress on finding a Final Resolution is made.
Severity 4	beqom will seek to deliver a Final Resolution in the next Update. beqom will provide a status report to Client as and when any progress is made.

A support ticket will be deemed to be resolved if one of the following circumstances occur:

The reported Error is Fixed; or
The reported Error is resolved according to beqom and 5 business days have passed since beqom provided Client with a Final Resolution; or
Client does not respond to a query or request from beqom in connection with a support ticket for more than 5 business days; or
Client chose not to pursue troubleshooting of the reported Error; or
It is not possible to obtain the elements needed from Client for troubleshooting using beqom’s reasonable efforts.

4. Platform Availability And Maintenance

Platform availability periods:	24/7 except maintenance windows (as defined below)
Uptime commitment:	99.5% System Availability over 1 calendar year
Standard maintenance windows:	Client database location	Period
	EU Data Centre Region	Tuesday from 21:00 to 00:00 CET Saturday from 09:00 to 13:00 CET
	US Data Centre Region	Wednesday from 02:00 to 05:00 EST Saturday from 03:00 to 07:00 EST
Exceptional maintenance downtime notification (outside the standard maintenance windows)	Seven (7) calendar days prior to exceptional maintenance, except in cases of emergency or security vulnerability. In emergency cases, beqom will use its best efforts to notify Client of an exceptional maintenance downtime as soon as practicable.
Agreed interruptions	Interruptions due to system maintenance, upgrades and system back-up and recovery at times agreed upon in advance by Client are excluded from the uptime commitment.

5. Recovery Point And Recovery Time Objectives

Recovery Point Objective:	24 hours from receipt of the service ticket reporting the incident which caused the inaccessibility or inoperability of the Cloud Services.
Recovery Time Objective:	8 hours from receipt of the service ticket reporting the incident which caused the inaccessibility or inoperability of the Cloud Services.
Disaster Recovery Time Objective:	96 hours from receipt of the service ticket which triggered beqom’s Disaster Recovery Plan.

6. Support Services Operations

Support Triggering	beqom shall provide operational Support Services to Administrators only, during local business hours periods set forth in table 2 above, including integrity checking, and root cause analysis. Administrators shall communicate Errors in English to beqom by using Beqom’s ticketing system. When necessary, Beqom may contact Administrators by telephone.
Severity Levels	When an Administrator refers an Error to beqom, beqom will provide the Administrator with a severity level for the Error. beqom will aim to respond to Client and provide First Responses, ticket analysis and Final Resolutions according to the time periods set forth in tables 3 and 4 above.
Escalation	Client may escalate an issue for any reason to beqom by calling: +1 (800) 986-5681 or +41 44 551 43 75. beqom may escalate an issue for any reason to the Client's contact person identified in the relevant Order Form.

7. Service Credits

Availability failure

Except for pre-scheduled maintenance periods, Client shall have the right to receive a credit equal to one percent (1%) of the then-applicable yearly Subscription Fees for that calendar year, for each one percent (1%), or portion thereof, by which beqom fails to achieve the System Availability uptime commitment set out in table 4 above during the relevant calendar year.

Limits

In no event shall the service credits pursuant to this Service Level Agreement exceed in aggregate ten percent (10%) of the yearly Subscription Fees paid by Client pursuant to the applicable Order Form. Claims under this Service Level Agreement must be made in good faith and by submitting a support case via beqom’s ticketing system within ten (10) business days after receipt of the yearly System Availability report. This is Client's sole and exclusive remedy for any breach of service levels set forth herein.

8. Definitions

Administrators	means administrators in charge of Client’s computer and network systems or of Client's business process as described in and within the limits of the applicable Order Form. Unless otherwise specified in the applicable Order Form, the number of Administrators shall be maximum five.
Error	means a defect, error or bug, including security defects, viruses or other defects in the Solution, having a materially adverse effect on the appearance, operation or functionality of the Solution, but excluding any defect, error or bug caused by or arising as a result of: an act or omission of Client, or an act or omission of one of Client's employees, officers, agents, suppliers or subcontractors; or an incompatibility between the Software and any other system, application, program or software that (i) is not owned, controlled or utilised by or on behalf of the beqom or (ii) is not specified as compatible in the Documentation.
Final Resolution	means a Fix for the Software; a mutually agreed upon Work-Around; or any other remediation measure, such as a reconfiguration of the Software
Fix or Fixed	means a solution that has been implemented and incorporated into the Solution by beqom to restore the Solution functionality according to the Documentation and Schedule 2 (Functionality Description).
First Response	means an initial electronic response from beqom to Administrators regarding a reported problem from and Administrator. The First Response will include acknowledgement from beqom of the reported problem.
Severity 1	means a critical Error with the production instance of the Solutions affecting all Users in which any of the following occur: the Solution is unavailable to Client; or the observed performance of the Solution prevents all useful work from being done. Severity 1 Error does not include downtime during the standard maintenance windows defined in table 4 hereunder.
Severity 2	means an Error with the Solution in which any of the following occur: the production instance is accessible by Client, but severely limited or degraded, major functions are not performing according to the Documentation and Schedule 2 (Functionality Description), the situation is causing a significant impact to Client's operations.
Severity 3	means an Error with the production instance of the Solution in which any of the following occur: the Error has minimal impact to business operations but business operations continue to function; the Error is localized or has isolated impact to Client’s business operations; the Error is an operational nuisance to Client; or the Error is any other problem that is not a Severity 1, Severity 2 or Severity 4.
Severity 4	means a cosmetic or ergonomic Error with the production instance of the Solution in which any of the following occur: the Error is an irritant to Client, affects nonessential functions of the Solution, the Error results in Documentation errors; or the Error is any other problem that is not a Severity 1, 2 or 3, but is otherwise a failure of the Cloud Services to conform to the Documentation and Schedule 2 (Functionality Description).
System Availability	means the average percentage of total time during which the production version of the Cloud Services is available to Client during a calendar year, excluding (i) any maintenance windows defined in table 4 hereunder (including any maintenance windows defined in a supplement to this Agreement); (ii) delays due to conditions beyond the reasonable control of beqom; (iii) delays caused by systems outside of the Platform, including, but not limited to, Client's network, equipment and systems; (iv) micro outages (meaning an inaccessibility that lasts less than fifteen (15) minutes, provided that there are no more than three (3) micro outages within a calendar month); and (v) inaccessibility due to Client's requests or where Client approved the same in advance. The system availability is calculated by the following formula: (Actual uptime minutes in a calendar year) / ((((Total minutes in a calendar year /100*99.5) – (i) maintenance windows – (ii) incidents beyond control – (iii) incidents outside of Platform – (iv) admitted micro-outages – (v) inaccessibility requested by Client) / Total minutes in a calendar year) x 100)
Work-Around	means a temporary Fix or patch that can be implemented and incorporated into beqom’s software to restore the Solution functionality according to the Documentation and Schedule 2 (Functionality Description).
Update	any revision, upgrade, error-correction, enhancement, iterative evolution of the Solution (other than a Work-Around or Fix), including modifications necessary to allow the Solution to work in connection with revisions to the relevant web browsers(s) necessary for the Users to access the Cloud Services.

¹ Functional maintenance and configuration support are provided as part of Professional Services and not included in Support Services.

² Continuous engagement means a commercially reasonable effort by beqom to find a Fix.

³ For compliance with data protection laws and security requirements, Client shall approve access for the support staff to the given environment before tickets can be analyzed and resolved.