Service-level agreement
This Service Level Agreement (“SLA”) is incorporated into the Order Form (“Agreement”) entered between The Data Company Inc. (“Company”, “we” or “us”) and the undersigned client (“Client” or “you”). The SLA is designed to define the level and scope of maintenance and support services that the Company agrees to provide to Client in conjunction with Client’s selected subscription and/or consumption of Company’s Services, as those are defined in the Agreement. In the event of any conflict, discrepancy or inconsistency between the terms of this SLA and the Agreement, the parties hereby agree in good faith that the Agreement shall govern.
Unless otherwise defined herein, capitalized terms used but not defined in this SLA shall have the meanings given to them in the Agreement.
1. Definitions:
1.1. "Downtime” means the period of time in minutes, during a working month, that the Services are unavailable, excluding SLA Exclusions.
1.2. “Error” means an issue or an error in the Services or data delivery channels, which might impair the functionality of the Services.
1.3. “Force Majeure Event” shall have the meaning ascribed to it in Section 13(j) of the “Nimble Terms of Service” duly accepted by the parties as part of the Agreement.
1.4. "Measured Period" means the period from the beginning of each calendar month starting at 0:00:00 hours (GMT) to the end of the month ending at 23:59:59 hours (GMT) in any given month.
1.5. “Service Credit Percentage” means a refund granted by the Company to the Client in case of Services Downtime, calculated and granted on a monthly basis.
1.6. “Scheduled Downtime” a planned and/or announced Downtime for maintenance and/or upgrade purposes.
1.7. "SLA Exclusion(s)" means any of the following events, which are not considered Downtime, and their duration will not be calculated as such: (a) Scheduled Downtime; (b) unavailability caused by a Force Majeure Event.
1.8. "Uptime" means the total period in minutes during which the Services are available for access and use during the Measured Period.
2. Support Services
2.1. Scope. The following support services are provided to Client:
Our customer and technical support team is available six (6) days a week, during normal business hours and additionally as detailed below.
Proactively identifying Errors or potential Errors and offering solutions.
On-time data delivery and insights extractions into your reporting system.
Flexibility with different service level agreements based on your requirements.
Performance reports with insights into the Service’s metrics based on the Agreement.
24x7 support for handling of Urgent issues.
2.2. Support channels, days and hours. Our support will be available by email to: support@nimbleway.com or directly to your dedicated account manager, and via your dedicated Slack channel as described in Section 6 (Response Times).
4. System uptime guarantee
99.9% system Uptime.
5. Errors monitoring and notifications
We take great efforts in monitoring the Services and detecting any potential Error. If we identify such an Error or potential Error, we will notify and/or alert you via a shared Slack channel or by email. Once an Error is resolved you will be promptly notified.
6. Response times
6.1. The following table defines the technical support request priorities and the relative handling response times.
| Priority | Error Description | Nimble IP | Nimble API | First response time | Updates |
|---|---|---|---|---|---|
| Urgent | Critical situation where the service is completely not operational. | Service is not available. | Service is not available. | Up to 1 hour | Every 2 hours |
| High | The service is operational with degraded functionality and/or performance that substantially impairs the use of necessary business functions. | This is reflected in over 30% drop in the success rate over the past hour. | This is reflected in over 50% drop in the success rate over the past hour. | Up to 4 hours | Once per business day |
| Normal | The service is fully operational with limited to a minor loss of functionality and/or performance is suboptimal. | This is reflected in over 15% drop in the success rate over the past hour. | This is reflected in over 20% drop in the success rate over the past hour. | Up to one (1) business day | Upon status change |
6.2. Contact Methods: Urgent priority should be submitted via Nimble’s support portal. All other priorities can be submitted via email at support@nimbleway.com or shared slack channel.
6.3. Hours of availability: 24x7 for Urgent priority, Sunday through Friday between 8AM to 12AM Israel Time (GMT+2) for all other priorities.
7. Escalation Process
7.1. everc may escalate the issue according to the below timelines In cases where the everc is not satisfied with the progress of the incident resolution.
| Title | Timeline | |
|---|---|---|
| Customer Success | cs@nimbleway.com | Any time during the incident resolution. |
| Solution Architect | adis@nimblway.com | 24 hours after the incident issue was communicated to the support team. |
| VP Sales | tsahie@nimbleway.com | 48 hours after the incident issue was communicated to the support team. |
| VP Customer Success | avia@nimbleway.com | For Urgent and High priority - If none of the above escalations get the issue resolved. |
8. Service Availability
For the purposes of reporting and calculating the Service availability (also, the Uptime) the following formula is proposed:
MP = the total number of minutes in the Measured Period
SD = the total number of Downtime minutes in the Measured Period
Availability % =
(MP - SD) X 100
MP
9. Downtime Compensation
| Uptime Percentage (X) | Service Credit Percentage |
|---|---|
| Less than 99.9% but greater or equal to 99.0% | 5% |
| Less than 99.0% but greater or equal to 98.0% | 10% |
| Less than 98% | 20% |
