This Service Level Agreement (the “SLA”) defines the level of availability and support of the Oxynade by SecuTix product. This SLA supplements the Oxynade by SecuTix' SaaS Agreement that was concluded between the Client and SecuTix BV (the “Agreement”) and forms an integral part of the Agreement. Any capitalized terms not defined in this SLA, will have the meaning as set out in the Agreement.
Pursuant to the Agreement, Client has obtained a license for the Oxynade by SecuTix product. Pursuant to this SLA, SecuTix BV ensures the Availability of the Oxynade by SecuTix product and supplies Basic Support Services.
IT HAS BEEN AGREED UPON WHAT FOLLOWS
Article 1 – Definitions
The words written with a capital letter have the meaning as set forth under the Agreement.
“Availability” means the period during which the Oxynade by SecuTix product shall be operational and available to communicate with the internet.
“Business Hours” means 9.00h to 18.00h CET on Business Days.
“Business Days” Monday to Friday.
“Failure” means a defect, or combination of defects, in the Oxynade by SecuTix product that results in failure of the product to function in accordance with the Specifications.
“Response Time” means the time measured between the moment when sufficient and accurate information is received by Oxynade and the moment that Oxynade has started to work on a patch, fix or temporary workaround.
“Specifications” means the specifications of the Oxynade by SecuTix as set out in the documentation.
Article 2 – Basic Support Services
The following support services are included in the Basic Support Services:
Third-line support via the helpdesk
Client will provide first-line support to Ticket Buyers and, in case of a market-place client, second-line support to Event Organisers. SecuTix BV will only provide third-line support to the Client.
During Business Hours
During Business Hours, SecuTix BV will (i) assist the Client through its support portal at oxynade.io in solving configuration and functional issues and other issues that cannot be solved after adequate research in the documentation and (ii) to the best of its efforts, provide the Client with fixes, solutions, corrections and/or work-arounds for Failures that have been notified by the Client in accordance with this SLA.
Outside Business Hours
Outside Business Hours, the emergency number, +34 91 00 53 055, is available in case of a failure of category “Blocking – Severity 1” (See Article 4). This severity level is only to be used for critical Failures, excluding issues with regard to configurations. Reporting a non-critical Failure categorised as “Blocking – Severity 1” will be charged as Additional Services.
Client shall (i) make all reasonable efforts to determine whether an Failure is an error in the Oxynade by SecuTix product or is due wholly or partly to the use of the product in a manner for which it was not designed, (ii) provide SecuTix BV with all relevant information when reporting an Failure, including, without limitation, the name of the person reporting the Failure, the date of the Failure and a description of the Failure and such other diagnostic information as may be agreed between the Parties, (iii) provide all reasonable assistance to SecuTix BV necessary to reproduce and demonstrate any Failure, (iv) supply SecuTix BV with all documentation, sample data and anything else reasonably required by Provider to investigate and rectify the reported Failure, (v) notify SecuTix BV as soon as possible after the occurrence of any Failure that requires support in accordance with what is set out in this SLA.
Only key users that have received proper training are eligible to contact the helpdesk. In case the staff of Client is insufficiently trained in the reasonable opinion of SecuTix BV, SecuTix BV may request such staff to follow additional training. Such training will be charged as Additional Services. SecuTix BV's obligations to provide support are conditional upon Client being able to have trained personnel available.
The support is available only via the helpdesk. This desk can be reached by logging in at oxynade.io unless otherwise notified.
Additional Services, such as a helpdesk assistance (for SL2 through SL4) outside Business Hours, can be delivered at the Client’s request. Such services will be charged as Additional Services.
Article 3 - Updates
At no additional cost, SecuTix BV may provide updates of the product, which may contain enhancements, additional features and modifications, which are deemed by SecuTix BV – in its sole discretion – to be minor incremental improvements or extensions.
Article 4 – Service levels
Categories of Failures
On the basis of the provided information, SecuTix BV shall classify the reported Failure in either of following categories:
Incident Blocking - Severity 1 (SL1): The Client or the Event Organisers are not able to complete their time-critical activities as a result of the Failure. The ticket sales process cannot be completed. No workaround is available. (*) (**)
Incident Urgent - Severity 2 (SL2): The Client or the Event Organisers are not able to complete their time-critical activities as a result of the Failure, but a workaround is available. The ticket sales process is severely hindered, but a workaround is available. (*)
Incident Basic - Severity 3 (SL3): Individual functionality is not performing properly but without an immediate impact on time-critical activities. (*)
Incident Low - Severity 4 (SL4): Minimal or no impact on the Client or the Event Organisers (e.g. cosmetic issue).
Product question: A question regarding configuration.
Product idea: An idea for a feature or improvement.
API question: A question regarding the API and/or integration. This kind of support can be charged as Additional Services depending on your agreement with SecuTix BV.
(*) The reported Failure should be a malfunction of the Oxynade by SecuTix product according to the product design & specifications. The client is obliged to provide all steps and resources to reproduce the incident. If the incident cannot be reproduced, the SLA is not applied. SecuTix BV has the right to change the severity level of a Failure if the report indicates that the Failure is a result of using the product in an unintended way.
(**) Note that abusing Severity level 1 will be charged extra.
SecuTix BV warrants following Response Times:
Severity 1: SecuTix BV will respond on average within 2 Hours.
Severity 2: SecuTix BV will respond on average within 4 Business Hours.
Severity 3: SecuTix BV will respond on average within within 2 Business Days.
Severity 4: SecuTix BV will respond on average within within 5 Business Days.
Product question: SecuTix BV will respond on average within within 3 Business Days.
API question: SecuTix BV will respond on average within within 5 Business Days.
Product idea: SecuTix BV will respond on average within within 10 Business Days.
In case the Failure is caused by third-party software or hardware, SecuTix BV will escalate the issue with the supplier of that software or hardware.
Actual Response Times are dependent on the level of assistance provided by the Client and shall be calculated from the moment SecuTix BV is provided with (i) as regards Response Times, the necessary diagnostic information, until such time that SecuTix BV delivers a response, status update, work-around or permanent fix to the Client, as applicable.
Article 5 – Availability
SecuTix BV will use its best efforts to ensure a professional Availability of the product during Business Days. However, SecuTix BV does not warrant that the Oxynade by SecuTix product will be available at all times and without interruption or that it will be completely free of bugs, defects or Failures. During the Term, SecuTix BV shall ensure an Uptime of 99% per 12 months, excluding Scheduled Maintenance.
Availability is calculated on a yearly basis. The Availability commitment shall not apply to the extent that the failure to achieve the Uptime is due to (a) circumstances caused by factors outside of SecuTix BV's reasonable control, including any Force Majeure or Internet access or related problems beyond the demarcation point of SecuTix BV, (b) any actions or inactions of the Client, (c) Client’s equipment, software or other technology and/or third party equipment, software or other technology.
Payment solutions or API integrations are provided by external providers. SecuTix BV cannot warrant their availability.
Interruptions caused by Scheduled Maintenance or Force Majeure will not be counted when measuring the Availability. SecuTix BV will use commercial efforts to inform the Client of such interruptions. SecuTix BV will perform this scheduled maintenance as much as reasonably possible outside Business hours.
Article 6 – Rights and obligations with respect to modified software
The Parties hereto expressly agree that each version of the Oxynade by SecuTix product, to the extent that it would be modified as a result of this Service Level Agreement, will replace as modified version the original or previous version of the Oxynade by SecuTix product and henceforth be subject to all rights and obligations as mentioned in the Agreement.
Article 7 – Price
The Basic Support Services are provided at no cost.
All services that are not expressly included in the Basic Support Services, are deemed to be Additional Services and will be charged at the applicable rates under the Agreement, this may include (non-exhaustive list):
- advice on how to use, configure or administer the Oxynade by SecuTix product;
- advice on how to rectify Failures in areas other than the Oxynade by SecuTix product;
- changed specification, request for change, and impact analysis;
- advice on how to rectify Failures that are attributable to (i) accidents, misuse, negligence or failure of the Client to follow instructions for proper use of the Software, (ii) improper configuration of the Oxynade by SecuTix product other than an improper configuration performed in accordance with Oxynade by SecuTix’ Specifications.
Article 8 – Remedy
Client’s sole and exclusive remedy for a failure of Oxynade by SecuTix to meet the service levels as set out in this SLA during any given month shall be a free one (1) week extension of the then current quarter (by discounting the relevant license fee in the following quarter). Client will in this case waive his rights to dissolution, suspension and/or compensation related to these events. A claim for discount will only be processed, if the Client has made a support request concerning the downtime or Failure. The claim can be submitted up to 10 Business Days following the end of the calendar month, in which the support request to which the claim relates to has been created.