Service Level Agreement

In this document, definitions, words, or phrases will have the same meaning as in the Standard Contract unless and to the extent the context requires otherwise.

This SLA contains general service levels and provides for delivery, availability, maintenance, and support.

We take your feedback very seriously and understand that service is the core function of our business.

Should you not be satisfied with our support, your escalation protocol is the following:

  • Try to resolve this with your support engineer.
  • Have your supervisor contact our service delivery manager.
  • Have a director of your business contact your Spinpanel account manager.

Support. You can request support through one of the following channels:

The Support Team is available 24x7 for SEV-1 tickets. We handle all other tickets during Business Hours[1].

Severity Level

Customer's Situation

Initial Response Time

Expected Customer Response

SEV-1 (High)

Any issue that impacts all users, preventing them from performing critical daily activities and/or Security-related Issues

< 2 hours

 

24x7 (incl. weekends and holidays)

You commit to provide continuous, 24x7 cooperation with the support team until resolution.

SEV-2 (Medium)

Any issue that impacts most users and/or functionality has been severely impaired

< 4 hours

 

during business hours

You commit to provide cooperation during business hours with the support team until resolution. When we need your help solving the ticket, we can expect your response within two workdays.

SEV-3 (Low)

Any issue that impacts a single user, and/or there is a partial loss of functionality

< 6 hours

 

during business hours

You commit to provide cooperation during business hours with the support team until resolution. When we need your help solving the ticket, we can expect your response within four workdays.

Free of charge support by Publisher include:

  • Resolving outages and fix bugs on https://portal.spinpanel.com.
  • Executing operations, which the Customer cannot complete.
  • Support concerning the use of the Offering.
  • Refer to relevant knowledge base articles and videos.
  • We are keeping the knowledge base up-to-date.
  • Proactively inform Customers on (scheduled) maintenance and outages.
  • Follow up with RFO for outages lasting longer than 24 hours.

Out of plan support by Publisher:

In addition, to free-of-charge support by Publisher, Customers can request additional support at a surcharge. Publisher reserves the right to refuse these requests. The rates for out-of-plan services will be published on the knowledge base and may vary in and outside business hours.

Amongst others, the following actions are considered to be out of plan services (non-exhaustive list):

  • Support concerning the Offering management if the Customer can perform the activities (e.g., billing connector onboardings).
  • Support concerning the ordering of and configuration of services other than explaining how to order and configure.
  • Support concerning the migration of services or data.
  • Support concerning API integrations.
  • Support concerning the troubleshooting of Azure tenant issues.
  • Support concerning Microsoft 365 deployment, management & optimization.
  • The creation of custom reports.
  • Generating (SLA) reports.

Availability & uptime. Uptime is defined as the ability to access https://portal.spinpanel.com via a public IP address on the Microsoft Azure platform[2]. Availability is monitored 24x7 with automatic alerting. Engineers are on standby 24x7.

Availability (calculated on a yearly basis)

https://portal.spinpanel.com

99.9%

Spinpanel API Management

99.9%[3]

Azure region. Spinpanel runs on Microsoft Azure. We offer services from multiple Azure regions, which are located in the EEA and United States. Regardless of the Azure region, the Offering is provided from; data is only stored in Azure regions West-Europe and North-Europe.

EU Model Clause compliant datacenters

https://www.microsoft.com/en-us/TrustCenter/Security/azure-security

https://www.microsoft.com/en-us/TrustCenter/CloudServices/Azure/GDPR


Security measures.
Spinpanel's service organization is Service Organization Controls (SOC type 2), certified for all services provided.

Maintenance & updates. Spinpanel strives to perform maintenance & updates within the specified maintenance windows.

Maintenance

Maintenance  notice

Category 1:

Maintenance with no expected impact on availability and performance

Monday to Sunday 0:00 AM - 12:00 midnight

No announcement

Category 2:

Maintenance with expected impact on availability and performance

Monday to Sunday 0:00 AM - 12:00 midnight

Five days in advance

Category 3:

Emergency maintenance

Preferably within the category two timeframe, but Spinpanel may deviate from this if considered necessary.

In advance if possible


It is at Spinpanel's sole discretion to determine the category of the maintenance activities.

End of Sale, End of Support, and End of Life Policy. The Publisher reserves the right:

  1. to discontinue the sales (End of Sale) of the Offering;
  2. to discontinue the support (End of Support) of the Offering;
  3. to discontinue (End of Life) or freely modify the Offering;

at any time and without any obligation to replace the Offering and/or to pay any damages to the Customer, provided that the Publisher informs the Customer in writing (including email) in advance, within a reasonable term. The Publisher will exert best efforts to comply within one-month notification before the End of Sale, End of Support respectively the End of Life.

Service credits. For each commenced hour that the Offering has been unavailable longer than agreed upon under this SLA, in a preceding calendar month, service credits will be issued to the Customer in accordance with the pro-rata costs for one day of the monthly amount after a claim is received and granted.

In order for Spinpanel to consider a claim, the Customer must submit a written request to claim the compensation to Spinpanel, including all information necessary for Spinpanel to validate the claim, including but not limited to: (i) a Spinpanel ticket number and detailed description of the claim; (ii) information regarding the time and duration of the outage; (iii) the number and location(s) of affected End Users (if applicable); and (iv) a description of your attempts to resolve the incident at the time of occurrence.

Spinpanel must receive the claim by the end of the calendar month following the month in which the Offering was unavailable. For example, if the Offering was unavailable on February 15th, we must receive the claim and all required information by March 31st.

If this requirement is not met, the Customer will lose the entitlement to compensation. If and when the Customer claims compensation, the Customer acknowledges that the amount will be settled by issuing service credits on the Microsoft invoice for the benefit of the Customer.

We will evaluate all information made available to us and make a good faith determination of whether a service credit is warranted. We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. The Customer must have active subscriptions in order to be eligible for a service credit. If the service credit is warranted, the service credit will be applied to the applicable monthly Microsoft invoice.

The service credits claimed based on this SLA can never exceed the amount the Customer would owe the Publisher for the use of the Offering to which the unavailability relates, in case no credit was applied.

The compensation as mentioned is not applicable if the unavailability is attributable to the Customer. The compensation serves as only financial compensation for the non-fulfillment of this SLA in any way. The Customer is not entitled to any (other) damages and has no right to any other or further restitution, and the Customer is not entitled to cancel or terminate the Offering for this reason.

Service credit compensation calculation example:

  • The Customer has an active Spinpanel subscription. The purchase amount is $ 115 per month.
  • This SLA is effective as of May 1st.
  • The Offering is deemed to have been available between May 1st and May 31st but was unavailable for 3 hours on May 18th.
  • In accordance with this SLA, an availability guarantee of 99.9% is applicable for the Offering. This means that the service may be unavailable for 43 minutes and 50 seconds per calendar month.
  • The service was unavailable for 3 hours. This is an excess of (3 hours - 43 minutes 50 seconds) 2 hours 16 minutes 10 seconds. For the credit, this number is rounded up to 2 hours 15 minutes.
  • Costs of the subscription per month: $ 115.
  • Pro rata costs for one day: $ 115 / (days in May (=31) = € 3.70.
  • Service credits for the calendar month: 2 hours 15 minutes x € 3.70 = € 8.32.

[1] Business hours for all countries, excluding North and South America, 9 AM to 5 PM CEST during workdays (holidays excluded). North and South America, business hours are 9 AM to 5 PM EST during workdays (holidays excluded).

[2] as Spinpanel is hosted within Microsoft Azure, Spinpanel relies on the availability of the Microsoft Azure platform. Availability information from Microsoft is described here

[3] 2000 available calls per 24 hours on a per subscription basis (e.g. Spinpanel for 365, Spinpanel for Azure, Reporting) for API Management to respond to requests to perform operations (over usages results in a 403 Forbidden response status code) Extra calls available on request at the then applicable rate.