Ziber SLA

Service Level Agreement for Ziber Services

This Service Level Agreement for Ziber Services (“SLA” or “Ziber SLA”) is part of your agreement concerning your Ziber Subscription and the associated Ziber Customer Terms (collectively the “Agreement”). Capitalized terms used in this document have the meaning given to them under Definitions, and if a term is not defined here, it has the meaning assigned in the Agreement. This SLA applies to Ziber Services mentioned herein (a “Service” or the “Services”), but does not apply to services provided under another brand name in combination with or in relation to the Services, or to any on-premises software that is part of a Service.

If we fail to meet or maintain the Service Level Performance for a Service as described in this SLA, you may be eligible for a discount on part of your monthly fees for the Service. We do not change your SLA terms during the initial term of your subscription. However, if you renew your subscription, the version of this SLA in effect at the time of renewal will apply for your entire renewal term. Any material changes to this SLA that adversely affect you will be announced in advance, giving reasonable notice. You can view the most current version of this SLA and related terms at any time at legal.ziber.eu.

Beta versions and Services provided at no cost are excluded and are not eligible for SLA claims or credits.

Terms

Claims

Before Ziber processes a claim, you must submit the claim to Ziber support (support@ziber.eu) including all information required for Ziber to assess the validity of the claim, including but not limited to:

1. A detailed description of the Incident;
2. Information regarding the time and duration of the Downtime;
3. The number of users affected (if applicable) and their location;
4. Descriptions of the steps you took to try and resolve the Incident at the time it occurred.

We must receive the claims by the end of the Applicable Period following the month in which the Incident occurred. For example, if the Incident occurred on February 15, we must receive the claim and all required information by March 31.

We will evaluate all reasonably available information and, in good faith, determine whether a Service Credit is due. We will use commercially reasonable efforts to process claims within the following month and within forty-five (45) days of receipt. You must comply with the Agreement to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Applicable Service Fees.

If you have purchased more than one Service (not as a suite or bundled subscription), you may submit claims following the process described above as though each Service is covered by a separate SLA. For example, if you purchased both Ziber Kwieb and Ziber SenseView (not as part of a suite), and an Incident occurs that causes Downtime for both Services, you may be eligible for two separate Service Credits (one for each Service) by submitting two claims under this SLA. If more than one Service Level is not met for a given Service due to the same Incident, you must choose one Service Level under which to file a claim regarding the Incident. Unless otherwise specified in a specific SLA, only one Service Credit per Service is allowed for an Applicable Period.

Service Credit

A Service Credit is your sole remedy for performance and availability issues relating to a Service under the Agreement and this SLA. You are not permitted to unilaterally offset your Applicable Service Fees due to performance or availability issues.

Service Credits may only be applied to fees paid for the specific Service for which the Service Level was not met. The Service Credit awarded for a given billing month for a specific Service will under no circumstances exceed your monthly service fees for the applicable Service, as applicable, during the Applicable Period.

If you purchased Services as part of a suite or other combined offer, the Applicable Service Fees and the Service Credit for each Service will be calculated proportionately.

If you purchased a Service through an Affiliate of Ziber, you will receive a Service Credit directly from the Ziber Affiliate, and the Ziber Affiliate will receive a Service Credit directly from us. The Service Credit will be based on the applicable Service's sale price, as reasonably determined by us.

Limitations

This SLA and any applicable Service Level do not apply to performance or availability issues:

1. Due to factors beyond our reasonable control (for example, natural disasters, war, acts of terrorism, riots, government actions, or a network or device failure external to our data centers, such as at your location or between your location and our data center);
2. Resulting from the use of services, hardware, or software not provided by us, including but not limited to issues resulting from inadequate bandwidth or related to third-party software or services;
3. Caused by your use of a Service after we advised you to modify your use of the Service, if you did not modify your use as advised;
4. During or related to preview, pre-release, beta, or trial versions of a Service, feature, or software (as determined by us);
5. Caused by unauthorized actions or lack of required action by you, or your employees, agents, contractors, vendors, or others gaining access via your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
6. Resulting from your failure to adhere to any required configurations, use supported platforms, or follow acceptable use policies, or resulting from your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform unsupported operations) or inconsistent with our published documentation or guidance;
7. Resulting from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
8. Resulting from your attempts to perform operations that exceed prescribed quotas or that result from our actions due to suspected abuse;
9. Resulting from your use of Service features outside of the associated Support Windows;
10. Related to licenses that are reserved but not yet paid for at the time of the Incident; or
11. Operations initiated by you, such as restarting, stopping, starting, or scaling operations that cause downtime, are excluded from uptime calculations.

Service-Specific Terms

Ziber Team

Downtime: The period during which end users are unable to input and publish messages to other users of the purchased Services.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in user-minutes; meaning that for each Applicable Period, Downtime is the sum of the duration (in minutes) of each Incident that occurs during that Applicable Period, multiplied by the number of users affected by that Incident.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	25%
< 99%	50%
< 95%	100%

Ziber Kwieb

Downtime: The period during which end users are unable to read messages and/or send messages to other users of Ziber Kwieb or Ziber Team.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in user-minutes; meaning that for each Applicable Period, Downtime is the sum of the duration (in minutes) of each Incident that occurs during that Applicable Period, multiplied by the number of users affected by that Incident.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	25%
< 99%	50%
< 95%	100%

Ziber Website

Downtime: The period during which your website hosted by Ziber is inaccessible to end users via a web browser.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in minutes for each incident that occurs within an Applicable Period.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	0%
< 99%	25%
< 98%	75%
< 95%	100%

Ziber SenseView

Downtime: The period during which your SenseView is not displaying content via a web browser or the preset Google Chromebox.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in minutes for each incident that occurs within an Applicable Period.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	0%
< 99%	25%
< 98%	75%
< 95%	100%

Ziber Api & Data Connections

Downtime: The period during which the Ziber Api or a Ziber data connection is unable to provide data to the parties using the Api or data connection.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in minutes for each incident that occurs within an Applicable Period.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	0%
< 99%	25%
< 98%	75%
< 95%	100%

Ziber Api & Data Connections

Downtime: The period during which the Ziber Api or a Ziber data connection is unable to provide data to the parties using the Api or data connection.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in minutes for each incident that occurs within an Applicable Period.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	0%
< 99%	25%
< 98%	75%
< 95%	100%

Ziber Pay

Downtime: The period during which end users are unable to make payments to you via the Ziber Pay service.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in user-minutes, meaning that for each Applicable Period, Downtime is the sum of the length (in minutes) of each incident that occurs during that Applicable Period, multiplied by the number of users affected by that incident.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	25%
< 99%	50%
< 95%	100%

Ziber Cloud

Downtime: The period during which users are unable to log in and access services from Customers who have assigned Partner Management to a Partner.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in minutes of each incident occurring within an Applicable Period.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	0%
< 99%	0%
< 98%	0%
< 95%	100%

Ziber DS (Design Software)

Downtime: The period during which users are unable to log in and access the setup and modification of Customer Services.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in minutes of each incident occurring within an Applicable Period.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	0%
< 99%	0%
< 98%	0%
< 95%	100%

Domain Registration & DNS

Downtime: The period during which users are unable to reach the DNS for their domain name.

Uptime Percentage: The uptime percentage is calculated using the following formula:

$$\frac{UserMinutes-Downtime}{UserMinutes}\cdot 100\mathrm{\%}$$

Where Downtime is measured in user-minutes; meaning that for each Applicable Period, Downtime is the sum of the length (in minutes) of each Incident occurring during that Applicable Period, multiplied by the number of users affected by that Incident.

Service Credit:

Uptime Percentage	Service Credit
< 99.9%	25%
< 99%	50%
< 95%	100%

Translation

This Ziber SLA was originally written in Dutch (NL). We may translate this SLA into other languages to ensure you can read it as well. In case of any conflict between a translated version of this SLA and the Dutch version, the Dutch version shall prevail.

Definitions

For a list of definitions used, click here