Service Level Agreement
This Service Level Agreement (“SLA”) governs the use of the Conversana Communication Platform (hereinafter, “Services,” “Platform”) according to the terms of the main Service Agreement (hereinafter, “Agreement”). The SLA applies separately to each account using the Service. Unless otherwise stated herein, the SLA is subject to the terms of the Agreement.
1. Introduction
1.1. The SLA aims to (a) define the target levels of the Services provided by Conversana, (b) establish a procedure for reporting and resolving issues related to the Platform, and (c) define the parameters for evaluating the actual level of service being provided. This SLA, along with the Order Form and Agreement, are integral parts of the Contract and define the implementation, maintenance, and support that Conversana will provide to the Customer during the term of the Service.
2. Service Availability Criteria
2.1. Subject to the availability of the Services and the terms and conditions of the Agreement, Conversana will provide access to the Services twenty-four hours a day, seven days a week, 24×7 (hereinafter, “Total Time”). Conversana will maintain a uptime of 99.95% to access the Platform, excluding justifiable service failures (hereinafter, “Target Time”).
2.2. Conversana uses proactive monitoring software and reporting tools for managing its platform architecture.
3. Incident Levels, Response Time, and Resolution
3.1. Conversana reserves the right to prioritize the resolution of support requests based on the severity of the identified problem and the impact on the Services for individual Customers and the entire Customer base.
|
Incident Level |
Description |
Response Time |
Resolution |
|
Level I |
Total system failure: – Issues with authentication for all users. – Inability to access the homepage/login page. |
2 (two) hours
|
1 (one) business day
|
|
Level II |
Services can be accessed but some critical functions are severely affected (unavailable channels, unavailable integrations, considerable delays in data loading or navigation, etc.) |
4 (three) hours |
2 (two) business days |
|
Level III
|
Services can be accessed but are mildly affected (UX design issues, form structure, data loading in specific fields, etc.)
|
8 (eight) hours
|
10 (ten) business days
|
|
Level IV
|
Queries and configuration changes are not considered system failures.
|
24 (twenty-four) hours
|
15 (fifteen) business days
|
3.2. Conversana will assign an Incident Level to each incident notification at the time of discovery. Errors corrected by Conversana as part of this SLA are included in the Customer’s subscription at no additional cost.
3.3. The respective Service failure periods will be subtracted from the Total Time and, therefore, will not count towards the Target Time.
4. Third-Party Service Failures
4.1. Failures resulting from the following events qualify as justifiable service failures and will not be subtracted from the total time and will not count towards the Target Time: (a) all interruptions and malfunctions for which Conversana or its subcontractors are not responsible, including (i) unavailability or limited availability of the data center due to failures in networks or communication links operated and/or controlled by third parties, (ii) interruptions of third-party content (e.g., social media platforms), provided that the interruption occurs outside Conversana’s control sphere (i.e., IP address bans, robots barrier .txt, change of telecommunications providers and other terms and conditions of data platforms, interrupted availability of third-party content, suspension or termination of content supply by third-party platforms, etc.), (iii) attacks on external networks, (iv) all and any force majeure events, and (v) any measures serving to repair interruptions and malfunctions as stipulated above; (b) maintenance measures, including those (i) occurring within scheduled maintenance, or (ii) occurring outside of scheduled maintenance after being announced with at least 24 hours’ notice, such as technical reviews of emergency power supply or data center infrastructure; and (c) any unavailability event for which the Customer has been notified of the potential degradation.
5. Escalation Procedures
5.1. Conversana provides technical support through an accessible ticketing system within the platform. The Customer must create a new ticket for each requirement. Within it, the reason for the ticket should be selected for proper escalation and categorization. When the ticket has activity, an email notification of the event will be sent.
5.3. Technical support on the platform is available 24/7. Customer Service is available in a 5×8 scheme.
6. Service Credits
6.1. In case of non-compliance with the Target Time due to an event that does not qualify as third-party failures, the Customer is entitled to request Conversana to apply a specific discount on the applicable fees, as detailed below. Only errors at Incident Levels I and II will be considered as lack of Service availability and entitle the Customer to a discount as indicated below.
6.2. In the event that the Customer cannot access the Services solely due to Incident Levels I, not caused by a Justifiable Service Failure, and when the Customer has requested the application of the discount as defined herein, Conversana will credit the Customer’s account as follows:
6.2.1. for every sixty (60) consecutive minutes of non-compliance with the Target Time per calendar month from the onset of Incident Levels I occurrence exceeding six (6) hours in total per calendar month, Conversana will credit 1% of the monthly fees related to the Customer’s Pricing Plan up to a maximum of 50% of the monthly fees paid by the Customer in the month during which the Customer requested a discount under this provision. For clarity, any potential additional hours of non-compliance with agreed Service availability (target time) below six (6) hours in total per calendar month will not be compensated;6.2.2. The calculation mode of non-compliance with the Service Availability Criteria is automatically reset on the first day of the following natural month. To be compensated under this clause 6, within 30 (thirty) days following the end of the applicable calendar month, the Customer must send an email to Conversana’s support team and include the exact list of downtime, affected Services, and their corresponding duration. Upon receipt by Conversana’s support team, Conversana will proceed to verify this request based on its own records and provide the Customer with a final response within 3 business days. If Conversana concludes that the application of the discount mechanism is justified, Conversana will issue a credit note for the same amount along with the next invoice issued.
6.3. The maximum Service credits that Conversana can grant to the Customer will not exceed 10% of the monthly fee defined in the Order Form. All claims or additional requests based on this SLA due to decreased availability are expressly excluded, including, among others, claims for damages. Additionally, requests for the application of service credits must be issued by the Customer within sixty (60) calendar days following an incident. As set forth in clause 6.2.2., untimely requested Service credits are expressly deemed waived by the Customer
WITHOUT PREJUDICE TO ANY OTHER PROVISION CONTAINED IN ANY OTHER AGREEMENT OR ORDER FORM, CREDITS SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE CUSTOMER FOR ANY LACK OF AVAILABILITY OR MALFUNCTION OF CONVERS
Last Updated: This SLA was last updated on April 9, 2024.
