Eclic - Service Level Agreement

 

Eclic - Service Level Agreement

v1.03 - 29-Aug-2019

Annex 2: NxtPort Service Level Agreement

1. Introduction

This Service Level Agreement (“SLA”) describes the levels of service that a Subscriber will receive from NxtPort CVBA (“NxtPort”). This SLA supplements the General Terms and Conditions or, if applicable, the API Terms and Conditions entered into between the Subscriber and NxtPort (the “Customer Terms”). Capitalized terms used in this SLA and not separately defined shall have the respective meanings ascribed in the the General Terms and Conditions or the API Terms and Conditions.

1.1 Purpose

The Subscriber relies on the Platform provided, maintained and supported by NxtPort. Some elements of the Platform, or as the case may be, Applications, are of critical importance to Subscriber’s business. 

 This SLA sets out what levels of availability and support the Subscriber is guaranteed to receive for specific items of the Platform from end-to-end (as set out below). For the purpose of this SLA, any reference to ‘Item Covered’ shall also include the Platform. It also explains what penalties will be applied to NxtPort should it fail to meet these levels. 

 This SLA forms an important part of the contract between the Subscriber and NxtPort. It aims to enable the two parties to work together effectively. 

1.2 Duration

This SLA forms an integral part of the Customer Terms and has the same duration as the Customer Terms. 

1.3 Amendments

This SLA may be reviewed and amended by NxtPort at any point. In the event, NxtPort deems or expects such change to have a material adverse impact on (i) the functionalities of the Items Covered, (ii) the reliability of the Platform or (iii) on the security measures of the Platform, NxtPort will discuss such changes with ECLIC prior to implementation.

Any such amendments or changes made will be effective following a reasonable notice period to the Subscriber. In the event that Subscriber does not agree with such amendments or changes, Subscriber will have the right to terminate his Agreement with NxtPort. Subscriber will have deemed to accept the changes if it has not terminated the Agreement at the end of the aforementioned reasonable notice period and continues to use of the Platform after such changes become effective. 

1.4 Items covered

The below table of covered items lists all items covered by this SLA (the “Items Covered”). It also indicates the item’s Priority level and whether NxtPort guarantees Support response times, Availability and/or Service response time.

  

Item

Guaranteed Availability

Guaranteed Service Response time

Guaranteed Support Response time

eECD API + Pionira Application

Priority 3

YES

Priority 2

eECD API

Priority 3

YES

Priority 2

NxtPort Console

Priority 3

N /A 

Priority 3

 

Security gets highest priority

Priority levels will be discussed with ECLIC (for ECLIC Use Cases) and NxtPort during its monthly governance meetings or during ‘ad hoc’ meetings in case of emergencies. The frequency of these government meetings may be changed if agreed upon between ECLIC and NxtPort.

1.5 Support Services

The support services provided pursuant to this SLA (“Support”), will include:

  • Incident management
  • Registration of new Subscribers
  • Technical support

In addition to the above stated support services, Subscribers may request additional services through the Service Desk. Such additional services will be considered ‘out of scope’ (i.e. not included in the normal Support). NxtPort may charge the Subscriber for these additional services on a time and material basis at the then current applicable rates or such other rates as may be agreed between the Parties. Such additional services include (non-exhaustive list):

  1. additional implementation services concerning implementation of the Platform and/or Applications in a specific Subscriber’s environment;
  2. technical onboarding;
  3. operational support;
  4. advice on how to rectify problems in areas other than the Items Covered which have led to the Platform being unable to be used; 
  5. advice on how to rectify errors that are attributable to accidents, misuse, negligence or failure of the Subscriber to follow instructions received from the service helpdesk.

1.6 Exclusions

This SLA is written in a spirit of partnership. NxtPort will endeavour to rectify every issue in a timely manner. 

 However, there are a few exclusions. This SLA does not apply to: 

  • any equipment, software, services or other parts of the Items Covered not listed above;
  • Software, equipment or services not purchased via and/or managed by NxtPort including, but not limited to, Incidents resulting from inadequate bandwidth (for which Subscriber is responsible) or related to third-party software or services (including Applications) not purchased via and/or managed by NxtPort;
  • Services and items offered by NxtPort in the NxtPort marketplace which are marked as “Sandbox”, i.e. intended for development and testing purposes only (it being understood the NxtPort will use reasonable efforts to keep such ‘Sandbox’ asset available and supported);
  • Services and items offered by third parties in the NxtPort marketplace and marked as such unless the ECLIC and NxtPort have agreed that these Services and items are part of the Covered Items.

 Additionally, this SLA does not apply: 

  • if the issue is caused by using equipment, software or service(s) in a way that is not supported or not in compliance with the API documentation on GitHub  ( https://github.com/NxtPort/API) or the ECLIC documentation;
  • Incidents that result from:
    1. Subscriber’s employees, agents, contractors, or vendors, or anyone gaining unrightful access to the Platform by means of Subscriber’s passwords or equipment; or 
    2. otherwise resulting from Subscriber’s failure to follow appropriate security practices;
  • Incidents that result from, or Subscriber’s use of the Platform in a manner inconsistent with the features and functionality of the Platform (for example, attempts to perform operations that are not supported);
  • in circumstances that could be reasonably said to be beyond NxtPort’s or a Force Majeure Event;
  • in cases that the Customer Agreement is suspended by NxtPort in accordance with the Customer Terms.

2. Responsibilities

2.1 NxtPort’s responsibilities 

NxtPort will:

  • provide remedial maintenance to the Items Covered in accordance with this SLA;
  • provide evolutive maintenance to the ECLIC Use Cases in close collaboration with ECLIC and in accordance with this SLA;
  • ensure the Items Covered are available to the Subscriber in line with the Availability levels listed below;
  • respond to Support requests within the timescales listed below; 
  • take reasonable steps to escalate and resolve Incidents in an appropriate, timely manner;
  • maintain efficient communication with the Subscriber at all times.

2.2 Subscriber’s responsibilities 

The Subscriber will use the Platform in a manner consistent with the features and functionality of the Platform and consistent with NxtPort’s published guidance.

Additionally, the Subscriber will: 

  • notify NxtPort of Incidents in a timely manner, via support.nxtport.com or email to support@nxtport.eu. This triggers a ticket in NxtPort’s online support ticketing system.
  • maintain efficient communication with NxtPort at all times.
  • When reporting the Incident, Subscriber will provide NxtPort with the following information in English:
    1. the name and job title of the user;
    2. a short description of the Incident and how it is manifested;
    3. how the Incident can be reproduced or verified;
    4. in what situations the Incident occurs;
    5. the type of device and browser used;
    6. the effects of the Incident; and
    7. any other relevant information (screen prints, logs, etc.)

3. Guaranteed Availability

3.1 Availability Levels

 In order to enable the Subscriber to do business effectively, NxtPort guarantees that the Items Covered will be Available for a certain percentage of time. For purposes of this SLA, “Availability” or “Available” will mean total time, in minutes, the Item Covered is available to communicate with the Internet , as reported in NxtPort’s reports.

For items marked as having Guaranteed Availability in the table of Items Covered, the following availability levels apply:

 

Priority level

Guaranteed Availability

Service Credit per hour of downtime

(prorated to the nearest minute)

1

99%

10% of monthly credits

2

99%

5% of monthly credits

3

98%

3% of monthly credits

4

not applicable

not applicable

 

If, during a certain month, the Guaranteed Availability is not achieved, a root cause analysis (“RCA”) will be conducted by NxtPort and shared and discussed with ECLIC.

Guaranteed Availability rates will be evaluated between NxtPort and ECLIC from time to time.

3.2 Scheduled Maintenance

In maintaining and developing its Platform, NxtPort may on occasion need to temporarily take the Platform or certain parts of it offline. NxtPort commits to limiting outages related to Scheduled Maintenance to 2 windows of 4 hours per calendar month, and will inform the Subscriber of the Scheduled Maintenance at least 2 weeks beforehand. NxtPort will use best efforts to plan the Scheduled Maintenance outside Business Hours.

3.3 Measurement

Availability is measured by using NxtPort’s automated systems, over each calendar month and excluding Scheduled Maintenance windows. It is calculated to the nearest minute, based on the number of minutes in the given month. For instance, a 31-day month contains 44,640 minutes. 

3.4 Service Credits

If the Availability for any Item Covered drops below the relevant threshold during a specific month, Subscriber will be granted additional credits (a “Service Credit”) as provided for in the table under Section ‘Guaranteed Availability’. This means that following a month in which a specific Item Covered was impacted, the Subscriber will be granted a percentage of additional credits calculated on the total number of credits spent during the past month. The Subscriber will be granted a maximum of 50% credits per month pursuant to this SLA.

NxtPort and ECLIC will discuss the Service Credits from time to time.

4. Guaranteed Service Response time

4.1 Service Response

For Items Covered marked as having Guaranteed Service Response Time in the table of Items Covered, the following Service Response Times apply:

 

Item

Guaranteed Service Response Time

Penalty

Comment

eECD API 

Guaranteed Service Response Time is not yet applicable. Current API Response Times are being measured to set a Service Response Time limit by mid 2020.

 

Over the next 3 months, NxtPort will report to the GOV board what the average API response time is. With the GOV board an acceptable GSRT will be set for the next version of the API.

Elemica API

100% of the messages is processed under 10 minutes (max. message size: 1mb)

Not applicable

 

eECD Application

Guaranteed Service Response Time is not yet applicable. Current API Response Times are being measured to set a Service Response Time limit by mid 2020.

 

Over the next 3 months, NxtPort will report to the GOV board what the average APP response time is. With the GOV board an acceptable GSRT will be set for the next version of the APP.

NxtPort Console

Not applicable

 

The console is only used to administer entities, users and roles. Service response times (screen load times) are not applicable.

 

4.2 Service Credits

Not applicable for the Covered Items currently available.

4.3 Reporting and escalation

NxtPort will report and escalate any and all Incidents concerning performance degradation or inoperability of the Covered Items in whole or in part. Such report will be discussed during the monthly governance meeting with ECLIC. For any persistent Incidents a root cause analysis (“RCA”) will be conducted by NxtPort and shared and discussed with ECLIC. Service response times will be evaluated between NxtPort and ECLIC from time to time.

5. Guaranteed Support Response time

5.1 Support Response

NxtPort commits to responding in a timely manner to an Incident raised by the Subscriber. Such response will include, at least: (i) a customized response, (ii) provide the ability to track the then current status of the Incident and (iii) discuss RCA’s in the governance with ECLIC.

Guaranteed Support response times depend on the priority level of the Item(s) Covered affected and the severity of the issue.

For Items Covered marked as having Guaranteed Support Response Time in the table of Items Covered, the following Support Response Times apply:

 

Issue Severity

Service Credit per Issue

 

Priority Level

Fatal

Severe

Medium

Minor

1

15 minutes

30 minutes

30 minutes

30 minutes

5% of monthly credits

2

2 hours

2 hours

4 hours

4 hours

3% of monthly credits

3

4 hours 

4 hours

8 hours

8 hours

1% of monthly credits

4 / General Support

-

24 hours

24 hours

24 hours

not applicable

 

5.2 Severity levels

The severity levels are defined as follows:

Severity level

Definition

Fatal

Complete degradation of the Covered Items in which  all Subscribers and critical functions are affected. 

Severe

Significant degradation of the functionality or performance of the Covered Items and no work around is available.

Medium

Limited degradation — limited number of Subscribers or functions affected. Business processes can continue.

Minor

Small degradation — few users or one Subscribers  affected. Business processes can continue.

 Severity levels will be determined by NxtPort. NxtPort is to present a monthly overview to ECLIC on classification of Incidents.

5.3 Measurement

Support Response times are measured using NxtPort’s online support ticketing system, which tracks all Incidents from initial reporting to resolution.

Support Response times are measured from the moment the Subscriber submits a support request until NxtPort responds to that support request. Subscriber is deemed to have submitted a support request when it has reported the issue via support.nxtport.com email to support@nxtport.eu – which triggers a ticket in NxtPort’s ticketing system. NxtPort is deemed to have responded when it has replied to the Subscriber’s initial request, in the form of an email, response via the ticketing system, to either provide a solution, work around or status update, or request further information. For Fatal Issues, Issues are to be reported via support.nxtport.com and are to be (indicatively) labelled Fatal for the measurement of Response times to be started.

Support Response times apply during standard business hours (9h-17h30 CET) (“Business Hours”) only, except when a dedicated support contract between the Subscriber and NxtPort includes provisions for out of hours support. For instance, if an issue is reported at 17h CET with a response time of 60 minutes, NxtPort has until 9h30 CET the following day to respond.

It is vital the Subscriber raises every issue via NxtPort’s online support ticketing system. If an issue is not raised appropriately through NxtPort’s ticketing system, the guaranteed Support response time does not apply to that issue.

5.4 Service Credits

If NxtPort fails to meet a guaranteed Support Response Time, Subscriber will be granted additional credits (a “Service Credit”) as provided for in the table under Section ‘Guaranteed Support Response time.’ on a monthly aggregated basis. This means that following a month in which a specific Item Covered was impacted, the Subscriber will be granted a percentage of additional credits calculated on the total number of credits spent during the past month. The Subscriber will be granted a maximum of 50% credits per month pursuant to this SLA.

6. Resolution times

NxtPort will always endeavour to resolve problems as swiftly as possible. It recognises that the items used by the Subscriber are key to the Subscriber’s business and that any downtime can cost money.

Unless the API Specific Terms provide for specific guaranteed resolution times, NxtPort will not guarantee such resolution times and NxtPort will use best efforts to resolve problems as quickly as possible and will provide frequent progress reports to the Subscriber through its status page.

In all cases, NxtPort will make its best efforts to resolve problems as quickly as possible and will provide frequent progress reports to the Subscriber.

During the monthly update meetings, the status and progress of handling the Incidents is discussed between NxtPort and ECLIC.

7. Right of termination - Escalation

NxtPort recognises that it provides items that are critical to the Subscriber’s business. 

If NxtPort fails to meet the service levels described in this document more than twice during one calendar month, such failure will be discussed on the governance board between ECLIC and Subscriber.  

If NxtPort fails to meet the service levels described in this document more than 5 times during one calendar month the Subscriber may terminate its entire contract with NxtPort, with no penalty.

If NxtPort fails to meet the service levels described in this document during two consecutive months,  NxtPort is to work out a service repair plan which will be presented to and discussed with ECLIC to avoid such issues. ECLIC will be informed (at least on a) monthly basis of the progress thereof.