For the contractual and business relationship with TerminApp GmbH, the following definitions and understandings of terms are used as a basis:
|Incident / disruption||Reduction in the quality of the services and applications provided by TerminApp.|
|Response time||Time span between the receipt of the service or support request by from the customer and the reaction by TerminApp GmbH.|
|Ticket system||Interface for customer communication between TerminApp and the customer.|
|Customer service||Department of TerminApp responsible for service and support of Premium and Enterprise products.|
| || |
|Workaround||Solution to a technical problem by setting up a provisional workaround solution (the actual problem remains).|
|Recovery time||Period during which the error or malfunction is resolved according to the respective incident category or work-around is provided.|
B. General performance description
- 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).
- 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
- 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.
- 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
- 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).
- 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
- The support hours of TerminApp are as follows:
|Support hours|| |
|Week day ||Hours|
|Monday – Friday||09.00 – 17.00 hrs CET|
|Sunday/public holiday in Munich Germany||No support|
- Means of contact:
|Abuse / misuse:||email@example.com|
|Phone No.||+49 (89) 411 4715 00|
- 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.
- 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.
- 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.
- The maintenance intervals shall be communicated to the customer by email or via the customer’s corresponding Intercom user profile.
3. Unscheduled downtimes
- If a malfunction is caused by one of the following circumstances, this shall not be regarded as downtime.
- 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).
- 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.
- 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.
- 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.