4 Service levels
This paragraph sets the general service levels for the use of the Application.
(1) Technical availability of the Application
a) The Supplier shall make the Application available to the Customer during the following System Runtime, with the exception of the agreed scheduled outage periods pursuant to Clause 4 (2) below.
The “System Runtime” shall be 24 hours a day and 365 days a year.
b) The parties agree to the periods of available use (which means availability exists) as follows: Within the System Runtime, a Primary Processing Time is defined during which the Supplier ensures monthly availability of the Application from Monday to Friday from 09.00 – 17.00 CE(S)T to 99%. During this time, the longest uninterrupted downtime will not exceed 4 hours.
All times outside the Primary Processing Time are considered as Secondary Processing Time during which availability is not ensured. Primary Processing Time excludes Saturdays, Sundays, January 1 and December 25.
c) The Application will be deemed to be available during periods of time in which
- The Application cannot be accessed (or other faults exist) due to problems with the local IT system of the Customer, or in a fault in the Customer’s connection to the Server, or
- other events occur, which are not caused by the Supplier or its agents, e.g., due to force majeure, abuse or operator error.
(2) Scheduled outages
Supplier may schedule outage periods in order to service and maintain the Application and/or Server, and to perform other tasks. The Supplier will announce scheduled outages to the Customer no less than 7 days in advance at https://status.meisterplan.com.
Even if the Customer is able to use the application during the scheduled outage period, it shall not be legally entitled to do so. If, during use of the Application during scheduled outage periods, there is a reduction in performance or suspension of performance, the Customer may not make a claim for liability for defects or for damages.
(3) Measuring actual availability
The actual availability percentage for Primary Processing Time is calculated as follows:
The availability shall be determined by a monitoring instance of the Supplier. The availability of the Application itself as well as that of the application services (such as reporting) shall be monitored.
Based on this monitoring procedure, data on availability shall be automatically generated, which the Supplier makes available to the Customer at https://status.meisterplan.com
(4) Response times
The Supplier shall ensure, within the Primary Processing Time only, that fault rectification work shall begin within a period agreed below, based on the respective fault class defined below, following receipt of a report of a technical fault from the Customer by e-mail or support ticket (“Response Time”).
In the case of faults reported outside the Primary Processing Time, the Response Time shall start on the next business day within the primary processing time.
Fault class Response Time
Fault class 1 4 hours
Fault class 2 2 business days
Fault class 3 5 business days
The fault classes are defined as follows:
Class 1: Defect that prevents operation
A defect that prevents operation shall exist if use of the Application is impossible; a workaround is not available.
Class 2: Defect that hinders operation
A defect that hinders operation shall exist if use of the application is significantly restricted and no workaround is available.
Class 3: Minor defect
A minor defect shall exist if use of the application is possible without restriction or with minor restrictions.
(5) Breach of availability and remedy
If, during the Primary Processing Time, the Supplier does not meet the availability targets set out under Clause 4 (1), the Customer shall be entitled to demand payment of a contractual remedy (referred to hereinafter as “Service Level Credit“) as follows:
- if the availability during the Primary Processing Time is not achieved: 0.5% of the monthly fee (pro rata) per failure, by 0.1% or part thereof, to achieve the agreed availability, albeit up to a maximum of 100% of the monthly fee;
- if the longest uninterrupted downtime is overrun during the Primary Processing Time: 5% of the monthly fee (pro rata) per overrun, albeit up to a maximum of 100% of the monthly fee;
- if Supplier does not meet the Response Time targets for a Fault Class 1 issue during Primary Processing Time: 5% of the monthly fee (pro rata) per overrun, albeit up to a maximum of 100% of the monthly fee.
This will not apply if the Supplier is not responsible for the failure to achieve the availability/for the overrun of the downtime/reaction time. The value of the total Service Level Credits owed to Customer will be paid out to the Customer or offset against current invoices from the Supplier.
The Service Level Credits shall be credited against any claims for damages by the Customer. Apart from claiming Service Level Credits, the Customer may require the Supplier to continue to fulfil the Agreement.