Service Level Agreement and Support

Last updated: August 13th 2019

Definitions

In this SLA, the following terms, starting with a capital letter, shall have the following meanings:

(i) "Anomalies" means any bugs or malfunctions found in the Solution. The Anomalies are divided into three categories.

• "Critical Anomaly" : Anomaly making it impossible to fully use the Solution.
• "Major Anomaly" : Anomaly that decreases the use of the Solution by preventing the use of some Essential Features.
• "Minor Anomaly" means any Anomaly that makes it impossible for Customer to use one or more non-essential Features of the Solution.

(v) "Availability" means the percentage of time during which the Solution is available for use by the Client in connection with the Offer it has subscribed to. The methods for calculating this percentage are defined below.

(vi) "Service Levels" means the levels of availability guarantee of the Solution, as proposed by TWICPICS in its different Service Offers.

(vii) “SLA”: means this Service Level Agreement.

Other terms used with a capital letter have the same definition as given in TWICPICS’ Terms and Conditions.

Purpose

The purpose of this SLA is to set forth the provisions implemented by TWICPICS to ensure the level and quality of the Solution and the Services, as well as to specify the processes for verifying that the achieved service levels are consistent with those on which TWICPICS has committed to, while specifying the rules of exchances or communication with the Client.

This SLA applies to the Clients who have subscribed to the Offers identified on the Website. The changes are not retroactive. If you are an existing customer as of that date, a description of your support service may be found below.

Amendments

TWICPICS reserves the right to amend this SLA at any time. In this case, the amended SLA shall apply from the renewal of the Client’s Subscription.

The Client shall be informed of these amendments through any pertinent channel. If the Client does not agree with the amended SLA must unsubscribe from the Services according to the provisions set out in article “Term” of TWICPCS Terms and Conditions.

Levels of service

1. Rate of availability

TWICPICS shall make its best effort for ensuring 24 / 7 solution availability.

Depending on the Service Level chosen by the Client, depending on the Service Offer it has subscribed, TWICPICS agrees to the following monthly Availabilities (over a calendar month):

• Service Level 1 (standard): 99,50%
• Service Level 2 (premium): 99,99%

The Client may request at any time to change the subscribed Service Level. The subscription to the new Service Level shall be the subject of a new order form, pursuant to the provisions set forth in TWPCPICS’ Terms and Conditions.

The Solution is considered non-available when the traffic to the Solution is interrupted due to disturbances in the network of TWICPICS or, more generally, in a component under of TWICPICS’ responsibility.

The partial non-availability of the Solution is not considered as a breakdown in the following cases:

• Failure of hardware, cabling, services or networks outside the limits of TWICPICS’ networks
• Inconsistent intervention or action of the Client
• Suspension or termination of this agreement
• Force majeure event
• Failure or interruption of the Solution due to telecommunications operators or Internet service providers

TWICPICS shall not be held liable for (i) access speed to its servers, (ii) slowdowns that are external to its servers and (iii) faulty transmissions caused by technical malfunctions or failures of these networks.

2. Calculation of availability rate

Availability rate is calculated on a monthly basis and starts from the first full month of Services.

Availability rate = (Total Time – Sum (breakdown time))/Total Time * 100%

In which:

• Total Time: the total time during a calculation period
• Sum(breakdown time): the sum of all the breakdown periods during the calculation period

3. Calculation of breakdown period

A breakdown happens during a period of time during which the Solution is not available to the Client.

A breakdown is recorded from the moment when:

• An incident ticket is generated by the Client, in accordance with the process set out below;
• The breakdown is qualified as an Anomaly.

The breakdown time is the time between the creation of the incident ticket and the notification by TWICPICS to the Client that the Solution has been restored. Such time is reduced by the following events:

• Delay caused by the Client in giving access to technical equipment under its responsibility;
• Delay in closing an incident ticket caused by non-reply from the Client;
• Other delays caused by the Client or its representatives in repairing any breakdown.

4. Invoice credits for non-compliance with Service Levels

In case the Availability is not met, depending on the Service Level the Client has subscribed for, the Client will be eligible to receive invoice credits that are calculated as follows:

(i) The Client shall notify TWICPICS, by any written means including email, of its decision to apply the above-mentioned invoice credits, specifying the reasons for its decision and the credit rate required, at the latest within 5 (five) days following the end of the month in which the unavailability occurred.

If TWICPICS disputes the application of the invoice credits or the rate requested, it shall notify the Client thereof, by any written means including email, justifying the reasons for its dispute.

TWICPICS and the Client shall meet, within a maximum of 15 (fifteen) days from receipt of TWICPICS’ reply, for the purpose of agreeing on the applicability of the invoice credits and their rates.

If TWICPICS and the Client reach to an agreement, evidenced in writing, the Client shall benefit from a deduction from the following monthly fee, corresponding to the agreed credit rate.

Failing such agreement, the provisions of the article "Law and Jurisdiction" in TWICPICS’ Terms and Conditions shall apply.

(ii) Credits will be made in the form of a monetary credit applied to future use of the Service. A pending credit does not release the Client from its obligation to pay TWICPICS’ invoices submitted for payment in full when due. Credits may not be exchanged for, or converted to, monetary compensation.

(iii) These above-mentioned credits constitute the Client’s sole and exclusive remedy for any failure by TWICPICS to meet the Service Levels.

Notification and correction of an Anomaly

The Client shall notify TWICPICS with any Anomaly, by generating an incident ticket through the Solution or by email at the address: support@twic.pics . The Client shall attempt to give a maximum of useful information so that TWICPICS may characterise the incident as Critical, Major or Minor Anomaly.

TWICPICS shall then proceed to the diagnosis of the Anomaly, including by verifying whether its origin is the Solution or not, and, where appropriate, qualify the Anomaly as Critical, Major or Minor Anomaly. TWICPICS shall inform the Client by email of the results of this diagnosis, within the following time limits from the Client’s notification:

These time limits are counted down within working days, between 9 a.m. and 6 p.m. France CET. A working day means an uninterrupted period of 8 (eight) hours, from Monday to Friday, between 9a.m. and 6 p.m. France CET. Any time limit having started during this time range shall end at the same time on the last working day of this time limit.

In the event Critical or Major Anomaly are notified outside the above-mentioned time range, TWICPICS undertakes to make its best efforts to respond to the Client’s notification, although it cannot guarantee any fixed time limit.

In case TWICPICS finds that the origin of the Anomaly is not the Solution, it shall inform the Client without delay. Otherwise, it shall endeavour its best efforts and commit the necessary resources to correct the Anomaly.

Where necessary TWICPICS may implement a work-around in order to enable the Client and the Users to use the Solution for the purposes intended. To this end, TWICPICS shall promptly notify the Client of the implementation schedule of this work-around.

TWICPICS undertakes to hold and keep up-to-date a corrective maintenance record in which shall be recorded all requests notified to TWICPICS and related to corrective maintenance.

TWICPICS shall deliver to the Client a ticket resolution email, which shall be recorded in its maintenance record. The date of this email shall constitute the end date of TWICPICS’s intervention.

In the absence of objections from the Client within five (5) calendar days from the date of this email, the information recorded in the Maintenance Record shall be deemed as validated.

Support

Besides Anomalies and regarding any question in relation with the topics listed below, TWICPICS provides the Client with a Customer Support call-center which provides assistance and advice. This Customer Support can also be used for ticket opening on incidents, as described above.

Such support can be provided through the instant messaging available on the Website or by email, at the email address support : support@twic.pics during working days at the support hours set out below.

TwicPics Support