SELLIGENT STANDARD SUPPORT & SERVICE LEVEL AGREEMENT (Online as of October 22, 2021)

Introduction

This document describes the standard support and service levels that apply to Selligent’s Subscription and Support Services, unless Specific Terms for a Subscription Service provide otherwise.

• Section 1 describes the service levels of the Subscription Services.
• Section 2 describes the service levels, availability and channels of Selligent’s Support Team.
• Section 3 describes the conditions for security audits and/or vulnerability assessments.

Definitions

• Office Hours are defined as 09:00–17:00 CET, excluding weekends and official local holidays.
• Platform Response Time is defined as the time between sending an http(s) request to the Platform front-end server and the reception of the first byte of the response. As a reference, a representative webpage is measured that uses the same component as other production pages and is created during installation setup by Selligent.
• Central Monitoring System is the equipment used by Selligent to measure and calculate the different Key Performance Indicators (“KPI’s”) describing the overall quality of service. To guarantee objective statistics, Selligent’s Central Monitoring System operates with a redundant backup:
  • The Central Monitoring System scans the individual instances on availability and response time. The scans are initiated from Selligent’s Central Monitoring System and as such are independent of the operational environment.
  • The Central Monitoring System will alert Selligent Support Team in case of any observed failure.
• Scheduled Maintenance refers to planned interventions on the Platform and its Servers. Note: Scheduled Maintenance may not necessarily result in any Platform downtime.
• RPO (Recovery Point Objective) describes the acceptable amount of data loss measured in time after a critical failure.
• RTO (Recovery Time Objective) is the duration of time and a service level within which a business process must be restored after a disruption.
• Response Time is the time between the time of activation by the Client of a support ticket, following the procedure described below, and the first response by Selligent’s Support Team. Response Time is calculated on a per-ticket basis.

Client undertakings

• The SLA applies solely to Selligent’s Service(s) to which the Client has an active Subscription. Selligent is not responsible for the configuration or correction of third-party software or service, or for equipment or communications. Selligent will not be obliged to provide Support Services if required as a result of (a) modification of the concerned Service by the Client or a third party other than Selligent without Selligent’s prior consent or (b) a breach of the Agreement.
• Selligent will endeavor to ensure the availability of the Subscription Services as described below and to provide a solution to or a workaround for the problem.
• Selligent reserves the right to choose, assign or reassign its personnel to the Client for the purposes of support and to partly or fully subcontract the services to qualified personnel. Persons providing services on behalf of Selligent remain free to provide similar services to third parties.

Exclusions

The SLA only applies to production platforms; there is no SLA on Pre-Production platforms.

The SLA is not applicable when service levels are not met due to:

• factors outside Selligent’s reasonable control, Force Majeure;
• malfunctions attributable to an inappropriate connection to the Services;
• inappropriate use of the Services (i.e., not in line with the Documentation and/or the terms and conditions of this Agreement);
• a Denial of Service attack;
• Client’s actions in an explicit intent to create downtime (during audit in accordance with Section 3 below); or
• any other factor listed in this Agreement.

Escalation procedure

Any matter that cannot be resolved by Selligent’s standard support procedures will be escalated by email to Selligent Support Manager.

Section 1: Subscription Services

Service Levels

This section describes key indicators that are used to measure the quality of the Subscription Services. Indicators are calculated per instance.

The Central Monitoring System will request a representative webpage (configured at initial configuration) periodically 24×7×365 and store the results to calculate the indicators described below, i.e. (i) Platform Availability and (ii) Average Platform Response Time.

Platform Availability

Platform Availability is the percentage of time the Platform is available, calculated per calendar month, excluding time used for Maintenance.

To verify that the service is up and the application is running correctly, the Central Monitoring System will test the retrieval of a scripted page. The test fails if the page contains errors (HTTP status different from 200) and/or if the Platform Response Time is above 2,000 ms. Where two or more consecutive tests fail, downtime is registered as the number of minutes between the first recorded downtime and the first recorded uptime. Availability is measured every 60 seconds by the Central Monitoring System.

Platform Availability Objective: 99.5% or a maximum cumulated downtime of 220 minutes per month, excluding Maintenance.

Credit Notes for Availability Shortfalls

All claims must be submitted by email to claim@selligent.com at the latest 14 calendar days after the end of the month during which the Platform Availability falls below the Platform Availability Objective.

Selligent will acknowledge receipt of claims within 2 business days and will inform Client within 10 business days of receipt whether the appropriate credit note will be issued or the claim is rejected (with reasons).

Any credit note will be subtracted from the invoice relating to the next billing period of the Subscription Services.

Average Platform Response Time

The monthly average Platform Response Time, excluding Platform downtime, expressed in milliseconds, as calculated by the Central Monitoring System every 60 seconds. Objective: 500 ms.

Maintenance & Upgrades

Scheduled Maintenance

• Small Maintenance. Limited-impact tasks. Max cumulated downtime: 15 minutes per window. Executed between 12:01am–7:59am CET, no more than twice a month. If opportune, short notification sent at least 24 hours in advance. (E.g., Windows updates, nightly restarts.)
• Heavy Maintenance. Structural upgrades on platform components. Max cumulated downtime: 15 minutes to 4 hours per window. Timing, duration and potential impact are communicated with reasonable advance notice, at least one week prior. Typically scheduled 12:01am–7:59am CET unless otherwise required.

Urgent Maintenance. In rare cases, Selligent may initiate an intervention without prior notice. Client will be informed of status and expected duration as soon as possible. These are exceptional and should not occur more than four times per year.

Upgrades

Periodic updates to Subscription Services components (features updates, minor bug fixes, patches, major updates). Upgrades may occur throughout the Term on a component basis and are expected to have limited, if any, impact. Any downtime resulting from an Upgrade is excluded from the Platform Availability Objective calculation. Major updates will be announced on the Platform login page.

Backup

Backups are moved to another data center (offsite backup) to protect against catastrophic failure in the primary data center.

• Database backup. Full backup every five days; transactional log backups every 15 minutes. Retention allows data recovery up to the past 14 days. Backups are moved to the offsite repository. RPO: 30 minutes. RTO: 3–5 hours depending on database size.
• Server backup. Daily backups; 14-day retention. Backups immediately transferred to offsite repository. RPO: max 24 hours. RTO: 5 hours.

Section 2: Selligent Support

Support Requests

Create all Support Requests via the “create ticket” function on the support portal (https://support.selligent.com). Client receives credentials to log in during the Subscription Term.

Default support language is English; the Support Team will answer in the incoming language where possible.

Two request types:

• Defect Report: defect of existing functionality, decreased performance, deliverability issues or availability issues.
• Change Request: change in Services configuration.

Online help and eLearning platforms are available for functional questions. General information and assistance may be addressed as provided for in the Sales Order.

Priorities

The system supports four priority levels (initially set by Client and subject to re-evaluation by Selligent). A temporary solution may lower the priority.

• Business Critical: Significant damage / imminent impact (product inoperable, data inconsistency).
• High: Important; business outage or significant impact threatening productivity. Workarounds difficult; system somewhat usable.
• Normal: Production proceeding but impaired; workarounds available.
• Low: Not time-critical; no production impact; enhancements.

Accepted Priorities by Request Type

Note: Business Critical and High priorities are only available for Support Requests related to production platforms.

Support Channels / Availability / Activation

• Support portal available 24/7/365, including weekends and holidays.
• During Office Hours, the Support Team is in the office and requests are monitored as they arrive.
• Support hotline: +32 11 82 20 45 (24/7/365).
• Outside Office Hours, for Business Critical and High priority tickets, Client may use the hotline to activate the Response Time. For all Normal and Low tickets introduced outside Office Hours (and any Business Critical/High not hotline-activated), Response Time begins the next business day.

Service levels

The table below lists Response Time targets by ticket priority.

Upon submission, Selligent Support will use commercially reasonable efforts to respond within the above timeframe, diagnose the problem, and provide a remedy (bug fix, update, or workaround). Not all problems may be solvable. If a request cannot be solved within a commercially reasonable timeframe, Support will initiate internal escalations for Business Critical and High requests and prioritize repair of product defects. Client will be kept informed via the support portal and must make a designated technical resource available to collaborate during resolution.

Section 3: Security audits & vulnerability assessments

Selligent runs regular security and vulnerability audits. Client has the right to audit technical and organizational measures put in place by Selligent to protect Client personal data, respecting Selligent and subcontractor house rules, confidentiality of other clients, and any legal requirements.

Any type of security/performance scanning on the shared infrastructure is prohibited without written approval from the Selligent Information Security Officer (request via CSM). Shared components (firewalls, file servers, …) cannot be polled using external monitoring tools.

Allowed (if approved)

• Methods are limited to non-destructive only;
• Tests only within the agreed time window;
• Tests executed on the agreed scope (IPs, machines, domains, …);
• Results shared with Selligent security staff after the assessment;
• Results treated as confidential and never disclosed to third parties;
• Tests immediately interrupted upon Selligent’s request.

Not allowed

• Execution/simulation of DOS or DDOS;
• Introduction of viruses, worms, malware;
• Use of social engineering attacks;
• Port or protocol request flooding;
• Automated testing that generates significant amounts of traffic; or
• Any testing outside the approved scope.

The assistance Selligent provides to facilitate the audits or analyze results will be invoiced at the agreed rates for Support Services (see Sales Order).