Acuerdo de nivel de servicio
Here you will find a definition of Service Level Agreement that is part of the contract.
1. Service Level Agreement
1.1. The Provider is obliged to respond to operational incidents in the manner and within the time limits specified below. The response time and resolution time for an operational incident are determined based on the nature of the incident. For the purpose of determining response time, operational incidents are split to two types:
1.2 Critical Incident
a) Definition
A critical incident is a serious event that completely disrupts the operation of the software or its core functions or severely impairs essential business processes. This type of incident is a high priority incident and requires an immediate response as it can have a significant impact on business continuity or deadlines.
b) Examples of critical incidents
- The software is completely unavailable (e.g. system failure).
- Data loss or data corruption.
- Important/Export functions such as saving or retrieving plans do not work.
- An error means that synchronization with other systems (e.g. data streaming platform, ERP or merchandise management systems) is not possible.
- Has a significant business impact.
- No workarounds available.
- Requires immediate escalation and prioritization.
- May jeopardize deadlines or important projects from the consumer's perspective.
1.3 Incident
a) Definition
An incident is an unplanned event or disruption that affects or interrupts the operation of the software. This can, for example, mean that certain functions of the software are not working as intended, preventing users from performing their tasks efficiently.
b) Examples of incidents
- A user is unable to create new shelves or layouts properly.
- The software responds slowly or crashes occasionally.
- Import or export functions do not work correctly.
- Minor display errors or issues with the user interface.
- Has a limited impact on operations.
- Can often be resolved with workarounds.
- Affects productivity but does not lead to a complete shutdown.
1.4 Unless otherwise agreed upon, the Client shall notify Provider about operational incidents via Helpdesk.
1.5 The Client is obliged to report operational incident properly, i.e. to provide its description, when and how it happened, how it was detected and/or to attach copies of error messages or print-screens showing the manifestations of the operational incident. The proper report must also include the name of the person who reported the operational incident. In the case of a critical incident, the reporter must explicitly state that he/she perceives the incident as “critical” and explain why he/she is severely limited in his/her work or what he/she perceives as the complete unavailability of the Quant IS.
1.6 The response time describes the period of time that elapses before the Provider responds to a reported incident or request. It begins as soon as an incident is reported by the Client and ends as soon as the Provider provides initial feedback or actively begins processing the incident.
1.8 The Provider is required to respond (response time) within:
a) 8 hours of reporting a critical incident;
b) 48 hours of reporting an incident.
1.9 The resolution time defines the maximum time available to the Provider to fully resolve a reported problem (incident/critical incident) or provide an acceptable workaround. It begins after the incident has been reported and ends when the problem has been resolved or a temporary solution has been implemented that enables/ensures operation.
1.10 Objectives of the resolution time are:
a) Ensure that problems are resolved within a reasonable timeframe to minimize business disruption.
b) Restore the availability and functionality of the software as quickly as possible
1.11 The Provider is obliged to resolve a critical incident (resolution time) by one of the methods listed in Article 1.17 within 36 hours from its proper reporting, see Article 1.5.
1.12 The response and resolution times defined in the SLA apply in general (24/7).
1.13 If a comprehensive solution is not immediately possible, an acceptable workaround can be provided to temporarily ensure operation.
1.14 If the resolution time of a critical incident exceeds 8 hours, the Client may demand compensation in the amount of 32 EUR for each commenced hour of delay, however, up to a maximum of 1 000 EUR in any one case of such delay.
1.15 Compensation according to Article 1.14 will be provided in the form of a discount on the next Subscription, provided that the Client timely claims the compensation through the Helpdesk. The Client must do so within 14 days of reporting the Critical Incident, otherwise the Client's entitlement to compensation will forfeit.
1.16 The response time is automatically extended by the time for which the remote access was not working due to reasons on the Client's side or third parties.
1.17 An operational incident shall be deemed resolved at the moment the Provider:
a) eliminates the defect in IS Quant (i.e., restores its agreed functionalities, if the cause of the operational incident was a defect in IS Quant), or
b) provides the Client with instructions on how to use IS Quant in a way that prevents the critical incident or incident from manifesting as a significant limitation of the Client’s operations or risk of data loss, until the defect in IS Quant is ultimately eliminated, or
c) identifies and notifies the Client of the cause of the Incident, if the cause of the incident was:
- on the Client’s side (e.g., incorrect data input or file uploads in unsuitable formats or sizes, malfunction of Client’s workstations or other technical equipment or software, loss of internet connection), or
- due to the Client’s failure to provide the necessary cooperation or fulfill the prerequisites for the proper functioning of IS Quant,
- due to the unavailability of third-party data processed by IS Quant,
- due to changes in data formats, information systems, or procedures of third parties on which IS Quant or part of it depends,
- due to other unforeseen circumstances beyond the Provider’s control (e.g., issues with operating systems and their environments, patches, upgrades, hardware failures, or issues with other applications).
1.18 Should the Provider prove that the operational incident has been caused by a defect or failure of a third party services or a faulty conduct of Client (with reference to Article 1.17 c)) the Provider is not in delay with solution of an operational incident, and is entitled to a reimbursement of reasonably incurred costs related to the localization and solution of an operational incident. In case when the Provider starts with solving the operational incident not covered by his responsibility, he shall deliver to the Client without an undue delay a price proposal or a proposal of contract on the solution of such operational incident and shall continue with its solution after its express approval by the Client.