Service-Level and description of services

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A. Definitions

For the contractual and business relationship with TerminApp GmbH, the following definitions and understandings of terms are used as a basis:
TermDescription
Incident / disruptionReduction in the quality of the services and applications provided by TerminApp.
Response timeTime span between the receipt of the service or support request by from the customer and the reaction by TerminApp GmbH.
Ticket systemInterface for customer communication between TerminApp and the customer.
Customer serviceDepartment of TerminApp responsible for service and support of Premium and Enterprise products.
  
WorkaroundSolution to a technical problem by setting up a provisional workaround solution (the actual problem remains).
Recovery timePeriod during which the error or malfunction is resolved according to the respective incident category or work-around is provided.
 

B. General performance description

1. General 

  1. Unless otherwise agreed, the following service level agreements only apply to the provision and operation of all products and services of TerminApp (e.g., TIMIFY Premium/TIMIFY Enterprise).
  2. The customer must provide TerminApp with at least one contact person, their phone number and email address, who is to be available for contact during the contractual relationship. In case of a change of the contact person, the customer must inform TerminApp.

2. Definition of services 

  1. The requirements for the services of TerminApp under this Service Level Agreement only apply to those areas of service provided solely by TerminApp and which are subject to the unrestricted exclusive influence of TerminApp.
  2. Defects or disruptions of the software and/or services, the cause of which lies within the systems or the sphere of influence of the customer, do not fall under the requirements described in this Service Level Agreement.

3. Availability of services

  1. TerminApp ensures an availability of services - apart from the Booking Widget - of 96% per year. The percentage availability is calculated by rounding to one decimal digit according to commercial principles. The operating time is 24 hours a day, seven days a week (24/7).
  2. The Booking Widget must also have an availability of 96% per year, whereby this availability rate is to be considered separately. The percentage availability is calculated by rounding to one digit after the decimal point according to commercial principles. The operating time is 24 hours a day, seven days a week (24/7).

C. General support schedule

1. Support hours

  1. The support hours of TerminApp are as follows:
    Support hours 
    Week day Hours
    Monday – Friday09.00 – 17.00 hrs CET
    SaturdayNo support
    Sunday/public holiday in Munich GermanyNo support

  2. Means of contact:
    Contact: 
    Customer servicesupport@timify.com
    Abuse / misuse:dataprivacy@timify.com
    Phone No.+49 (89) 411 4715 00

2. Levels of disruption

  1. TerminApp processes all incidents / malfunctions according to the severity of the incidents as they are reported to us.
  2. The severity results from the relative impact of an incident on the systems, as well as on the customer's or TerminApp's business operations. The respective reaction time is determined with the understanding that TerminApp invests an economically justifiable effort in making an initial response or reaction to the service request and malfunction, depending on the availability of personnel. In the case where this reaction time is not immediately clear, TerminApp has the right to prioritise and classify the level of disruption, whereby TerminApp must always consider the relative impact on the customer's business operations during the evaluation.

  3. TerminApp generally distinguishes between three (3) degrees of severity:
    Level of disruptionDescriptionExample
    Level CAn operational disruption that only slightly affects the customer, or for which a temporary replacement solution is available. The customer can continue his business activities in the main.Customer management (creation and retrieval of end customer data by the customer).
    System notifications in the Web App.
     
    Level BA malfunction that impedes operation and for which no replacement solution is available. The error leads to the fact that essential parts of the software are not available, or their use is not possible. It leads to a partial impairment of the customer's business activities.WebApp
    Daily and Weekly Calendar Views
    Resource Management
    Performance Management
    Opening Time, Working Time & Booking Mime management
    Failure of a partner system
    Level AEA prolonged non-operational fault, not caused by the customer, for which no replacement parts can be supplied and no solution is available. It leads to a considerable impairment of the customer's business activities.The error results in the following important functions of the software not being available: a bug causes the general availability of the APIs provided by TerminApp to be unavailable, or the Booking Widget to be unavailable.

4. Response times

  1. The response time is dependant upon it’s allocated level as outlined above, and is specified as follows:
    Level of disruptionResponse time target
    Level CWithin two working days
    Level BWithin one working days
    Level AWithin 4 working hours
  2. The response times shall also be observed if an employee or representative of TerminApp starts remote service or support activities within the specified time window.


4. Recovery times 

  1. TerminApp strives for the elimination or resolution of incidents / malfunctions within the following manufacturing times:
    Level of disruptionTargets for time of recovery, or provision of a workaround (depending on scope and complexity)
    Level C≤ 48 hrs.
    Level B≤ 24 hrs.
    Klasse A≤ 12 hrs.
  2. When calculating the recovery times, measures are excluded which are influenced by external service providers or whose services have a direct influence on the services of TerminApp (e.g. Apps which are provided via third platforms such as the Apple Store, the Google Play Store and the Windows Store). In this respect, TerminApp also has no influence on whether and when modified or improved versions of the affected Apps are checked and released on the third party’s platform.

5. Maintenance 

  1. For periodic or planned maintenance work on the systems of TerminApp, which are e.g. necessary for the ongoing operations and security purposes, and/or the execution of updates or upgrades, maintenance windows are determined. Possible impairments of the availability by such necessary work remain unconsidered with the calculation of the availability and do not represent poor fulfilment of the achievement of TerminApp.
  2. Maintenance activities will be announced in advance where possible (usually at least 1 day in advance on timify.com). In addition, TerminApp will place maintenance windows in such a way that, since TerminApp operates a worldwide system, the affected users of the system are disturbed as minimally as possible.
  3. TerminApp is entitled to postpone maintenance activities after prior notice. Notwithstanding the aforementioned, the possibility remains to act at any time outside the maintenance window in order to remedy malfunctions or to avert impending malfunctions. However, TerminApp will always take all reasonable measures to minimize operational disturbances and/or interruptions.
  4. The maintenance intervals shall be communicated to the customer by email or via the customer’s corresponding Intercom user profile.

6. Unscheduled downtimes 

  1. If a malfunction is caused by one of the following circumstances, this shall not be regarded as downtime.
  2. Such unscheduled downtimes shall not be considered in the calculation of system availability, and shall not be deemed to constitute poor performance of TerminApp's services:
    • Downtimes due to force majeure (war, labour strike, natural disasters for example), sabotage and/or similar reasons for which TerminApp is not responsible.
    • Downtime due to a virus or hacker attacks.
    • Downtime due to Internet downtime, external DNS failures, and/or routing problems beyond TerminApp's control.
    • Downtime due to planned interruptions for maintenance work within the agreed maintenance windows.
    • Downtime due to misuse by third parties or the customer.
    • Downtimes caused by third parties due to faulty or inadequate maintenance of their hardware and software (including third parties used by TerminApp as host providers, e.g. Amazon Cloud Server).

Concluding provisions

  1. These service level and performance descriptions do not apply if the customer does not comply with contractually agreed upon terms, conditions, deadlines and cooperation obligations. Nor do they apply if the customer does not grant access to TerminApp as required, or delays or refuses permission to carry out necessary work, or does not grant permission in time.
  2. These service level and performance descriptions shall not be applicable during any agreed test, beta or configuration phase unless otherwise agreed upon by the parties.
  3. If one clause of these service level and service descriptions should be ineffective, this does not affect the validity of the other clauses. If one clause of these conditions is ineffective only in one part, then the other part retains its validity. All parties are obliged to replace an ineffective clause with an effective replacement provision that comes as close as possible to the economic purpose of the ineffective contractual condition.
Stand: 11/2018
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