This Service Level Agreement (SLA) between APlanet and the Client, as identified in APlanet’s Terms and Conditions of Contract (T&C), sets out the service control levels, the metrics to express numerically the degree of achievement of the service level analysed, and the service level indicators. Such indicators identify the numerical level or range of levels for which the service is satisfactory as required by APlanet under the provisions of the applicable T&C between the Client and Innovative CSR Technologies and Consulting S. L.

1. APlanet Software Commitment: 99.5% Availability

APlanet will use all commercially reasonable endeavours to ensure its APlanet Software is available for at least 99.5% of the Monthly Service Availability Percentage during each monthly billing cycle (the “Service Level”). Subject to the exclusions stated below, if APlanet fails to meet a Service Level, the Client may opt to receive Service Credits.

A Monthly Service Availability Percentage of 99.5% means that APlanet guarantees that the Client will not experience more than 216 minutes of Downtime per month.

2. Definitions

“Maintenance” means a scheduled Downtime when APlanet Software is not available, as notified in advance by APlanet. 

The “Monthly Service Availability Percentage” is calculated by subtracting the minutes in the month when APlanet Software is not available from the total minutes available in that month. The measurement of “Monthly Service Availability Percentage” excludes downtime arising directly or indirectly from the reasons stated in the Exclusions Clause. 

“Service Credits” means an additional time credit added at the end of the service period at no cost to the Client, calculated using the method set out below, that the Client can opt to receive in the circumstances described below. 

“Downtime”, where software services or databases are concerned, refers to periods when the service or database is not operating or is not available, for which APlanet is responsible. This excludes (a) slowness or delays in certain functionalities, including but not limited to sending emails, text messages or push notifications, or uploading files; and (b) integrations with third-party services.

3. SLA Limitations

This SLA and all service levels in connection with it does not apply to any performance or availability issues:

1. That result from termination or discharge of the Agreement in accordance with the provisions of the T&C;
2. Caused by factors beyond APlanet’s control (for example, natural disasters, war, acts of terrorism, riots or government measures, or a fault in an external network or in a device outside APlanet’s data centres, whether at the Client’s facilities or between the Client’s facilities and APlanet’s data centre);
3. Caused by an unauthorised act or an omission, if applicable, by the Client or its employees, agents, contractors or suppliers, or by any individual who accesses APlanet’s network using the Client’s passwords or equipment, or because the Client has not implemented appropriate security measures;
4. Arising from using services, hardware or software that are not supplied by APlanet, including problems due to in sufficient broadband or related to third-party software or services;
5. Caused by failures that are not attributable to Downtime;
6. That result from Maintenance work;
7. Due to licences that are reserved but have not been paid for when the incident occurs.

If availability is affected by any factor other than those used to calculate the Monthly Service Availability Percentage, APlanet may issue Service Credits at its discretion by taking these factors into consideration.

The Client must request the Service Credit. To receive the aforementioned Service Credits the Client must request them from INNOVATIVE CSR TECHNOLOGIES AND CONSULTING, S.L, by sending an email to the support e-mail address indicated in the Purchase Order, stating “Service Credits” in the subject field, within 30 days from the time the Client opts to receive the Service Credit. Breach of this requirement will result in the Client forfeiting the right to receive the Service Credit.

Maximum Service Credit. The maximum number of accumulated Service Credits INNOVATIVE CSR TECHNOLOGIES AND CONSULTING, S.L. will be able to offer the Client for the entire downtime registered during a calendar month will not exceed 15 additional calendar Service days when the Client’s service period expires. 

Under no circumstances can the Service Credits be cashed in for monetary compensation or converted into money.