Service Level Agreement

This Spinpanel Service Level Agreement ("SLA") between Spinpanel ("Spinpanel", "us" or "we") and users of the Spinpanel Services ("you") governs the use of the Spinpanel Services under the provisions of the Spinpanel Terms of Service (the "Terms").

This SLA applies to the Spinpanel Services listed herein (a “Service” or the “Services”), but does not apply to separately branded services made available with or connected to the Services or to any on-premises software that is part of any Service.

If we do not achieve and maintain the Service Level for each Service as described in this SLA you may be eligible for a credit towards a portion of your future monthly service fees. We will not modify the terms of your SLA during the initial term of your subscription; however, upon renewal of your subscription the current version of this SLA at that time will apply throughout your subsequent renewal term.

NOTE: SLA’s are not provided during any unpaid Service period, not limited to trial and/or proof of concept periods.  Spinpanel reserves the right to alter this SLA without notice.

1. Definitions

Business Hours” means for all countries, excluding North and South America, 9:00 to 17:30 CEST during weekdays (weekends and holidays excluded). North and South America, business hours are 9:00 AM to 5:30 PM EST during weekdays (weekends and holidays excluded).

"Applicable Monthly Period" means the number of days that you are a subscriber for a Service in a calendar month in which a Service Credit is owed.

"Applicable Monthly Service Fees" means the total fees actually paid by you for a Service that are applied to the month in which a Service Credit is owed.

"Downtime" is defined for each Service in the Services Specific Terms below.

"Error Code" means an indication that an operation has failed, such as an HTTP status code in the 5xx range.

"External Connectivity" means the bi-directional network traffic over supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.

"Incident" means (i) any single event, or (ii) any set of events, that result in Downtime.

"Spinpanel Platform" means the web interface provided by Spinpanel through which customers may manage the Service.

"The Cloud Service" means the interface(s) provided by Spinpanel through which customers may manage the Service.

"Service Credit" means the percentage of the Applicable Monthly Service Fees credited to you following Spinpanel’s claim approval.

"Service Level" means the performance metric(s) set forth in this SLA that Spinpanel agrees to meet in the delivery of the Services.

"Service Resource" means an individual resource available for use within a Service.

"Success Code" means an indication that an operation has succeeded, such as an HTTP status code in the 2xx range.

Communication” means correspondence through electronic media, e-mail, ticketing system or built-in communication options (chat, ticketing) in the Spinpanel platform.

Reported Incidence” means incidences reported via email to support@spinpanel.com.

Response time” is defined as the amount of time elapsed from when you first communicate an
incident report (which includes sending an email to support@spinpanel.com ) and when a Spinpanel employee responds.

2. Terms

Claims

In order for Spinpanel to consider a claim, you must submit the claim to customer support at Spinpanel including all information necessary for Spinpanel to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.

For claims related to the Spinpanel Platform or The Cloud Service , we must receive the claim by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on February 15th, we must receive the claim and all required information by March 31st.

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. You must be in compliance with the Spinpanel Terms of Service (the "Terms") in order to be eligible for a Service Credit. If the Service Credit is warranted, the Service Credit will be applied to your Applicable Monthly Service Fees.

If you purchased more than one Service (not as a suite), then you may submit claims pursuant to the process described above as if each Service were covered by an individual SLA. For example, if you purchased both Core 365 and Workspace (not as part of a suite), and during the term of the subscription an Incident caused Downtime for both Services, then you could be eligible for two separate Service Credits (one for each Service), by submitting two claims under this SLA. In the event that more than one Service Level for a particular Service is not met because of the same Incident, you must choose only one Service Level under which to make a claim based on the Incident. Unless as otherwise provided in a specific SLA, only one Service Credit is permitted per Service for an Applicable Monthly Period.

Service Credits

Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and this SLA. You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.

Service Credits apply only to fees paid for the particular Service, Service Resource, or Service tier for which a Service Level has not been met. In cases where Service Levels apply to individual Service Resources or to separate Service tiers, Service Credits apply only to fees paid for the affected Service Resource or Service tier, as applicable. The Service Credits awarded in any billing month for a particular Service or Service Resource will not, under any circumstance, exceed your monthly service fees for that Service or Service Resource, as applicable, in the billing month.

If you purchased Services as part of a suite or other single offer, the Applicable Monthly Service Fees and Service Credit for each Service will be pro-rated.

If you purchased a Service from a reseller, you will receive a service credit directly from your reseller and the reseller will receive a Service Credit directly from us. The Service Credit will be based on the estimated retail price for the applicable Service, as determined by us in our reasonable discretion.

Limitations

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

    1. Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our provider’s data centers, including at your site or between your site and our provider’s data center;
    2. That result 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 with respect to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us) or to purchases made using Spinpanel subscription credits;
    5. That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
    6. That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
    7. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
    8. That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior;
    9. Due to your use of Service features that are outside of associated Support Windows; or
    10. For licenses reserved, but not paid for, at the time of the Incident.
    11. For trial licenses, at the time of the incident.

If and to the extent Spinpanel, in the execution the particular Service or Service Resource makes available Applications or other software of third parties to Customer, then the conditions of the third parties (Microsoft Azure, Microsoft Partner Center and Microsoft Office 365 in particular) are applicable, and the provisions between Spinpanel and Customer are set aside to the extent they pertain to the Applications and/or other software. The Customer will accept the conditions of the third parties referred to, provided that Spinpanel has informed Customer of the applicability of the conditions in writing or electronically.

3. Service Details

Core 365

Refers to management of Office 365 subscription management, license management, configuration of access to the Spinpanel platform and availability of license usage and cost data for billing integration services provided by Spinpanel.
We guarantee that “Spinpanel Platform” Monthly Uptime Percentage running in a customer subscription will be 99.9%.
We guarantee that “Core 365 Services” Monthly Uptime Percentage running in a customer subscription will be 99.9% of the time.

For Provisioning Latency and Reconcile Latency, Spinpanel does not offer a financially backed service level agreement. We strive to limit the Provisioning Latency to less than 4 hours and Reconcile Latency to less than 48 hours.

Additional Definitions

Core 365 Services

  • License management
  • Self-service licensing
  • Role management
  • CSV integration
  • Autotask integration
  • Core 365 API

Deployment Minutes” is the total number of minutes that a given Core 365 Service has been set to running in Spinpanel Platform during a billing month. Deployment Minutes is measured from when the Core 365 Service was activated (license purchased by customer) or Customer initiated an action that would result in running the Core 365 Service to the time Customer initiated an action that would result in stopping or deleting the Core 365 Service.

Maximum Available Minutes” is the sum of all Deployment Minutes across all Core 365 Services active by the Customer in a given Spinpanel subscription during a billing month.

“Downtime” is the total accumulated Deployment Minutes, across all Core 365 Services deployed by Customer in a given Spinpanel subscription, during which the Core 365 Service is unavailable. A minute is considered unavailable for a given Core 365 service when there is no connectivity between the Core 365 services and the public internet address the Core 365 Service is provided through or if a Core 365 Service is not available for intended usage to the customer in Spinpanel Platform.

“Monthly Uptime Percentage” is is calculated using the following formula:

Monthly Uptime % = (Maximum Available Minutes-Downtime)/(Maximum Available Minutes) x 100

MONTHLY UPTIME PERCENTAGE

SERVICE CREDIT

< 99.9%

10%

<99%

25%

 

“Provisioning Latency” is the time required for subscriptions altered in Spinpanel to be available to the end user.

“Reconcile Latency” is the time required for subscriptions altered outside of Spinpanel to be available for use in Spinpanel by the Customer.

Additional Terms

Service Credits are applicable only to fees attributable to your use of Spinpanel Platform and Spinpanel provided Core 365 Services and not to fees attributable to other types of customer configured services, solutions, templates or SKUs within the Spinpanel Platform available through Core 365 Services, which are not covered by this SLA.

Reporting and Analytics

Refers to services in Spinpanel which offer reports and analytics on Office 365 subscriptions, licenses and usage, Azure subscription usage and cost and billing integration services provided by Spinpanel.

We guarantee that “Spinpanel Platform” running in a customer subscription will be available 99.9% of the time.

We guarantee that “Reporting and Analytics” running in a customer subscription will be available 99.9% of the time.

Additional Definitions

Maximum Available Minutes” is the total number of minutes for which Reporting and Analytics services have been made available for the Customer in a given Spinpanel subscription during a billing month.

Downtime” is the total number of minutes within Maximum Available Minutes that the Reporting and Analytics services are unavailable. A minute is considered unavailable for a given report if all continuous attempts within the minute to read or write any portion of report data result in an Error Code or do not return a response within five minutes.

Monthly Uptime Percentage” The Monthly Uptime Percentage is calculated as Maximum Available Minutes less Downtime divided by Maximum Available Minutes in a billing month for the Spinpanel subscription. Monthly Uptime Percentage is represented by the following formula:

Monthly Uptime % = (Maximum Available Minutes - Downtime) / Maximum Available Minutes x 100

MONTHLY UPTIME PERCENTAGE

SERVICE CREDIT

< 99.95%

10%

<99%

25%

Workspace

Refers to deployment and management of applications (software), policies and templates to Windows 10 Professional or Enterprise devices build 1709 or greater.

We guarantee that “Spinpanel Platform” running in a customer subscription will be available 99.9% of the time.

We guarantee that “Workspace Management” running in a customer subscription will be available 99.9% of the time.

For endpoint availability Spinpanel does not offer a financially backed service level agreement. We strive to attain at least 99.5% availability for the Spinpanel Workspace service URLs.

The availability of the Spinpanel WorkSpace application and related components in the tenant you have provisioned Spinpanel WorkSpace in, is subject to your Microsoft Online Services SLA.

Additional definitions

"Spinpanel WorkSpace Agent Connectivity" is bi-directional network traffic between the (virtual) machine WorkSpace is running on and other IP addresses using TCP or UDP network protocols in which the (virtual) machine is configured for allowed traffic. The IP addresses can be the public internet address the Spinpanel WorkSpace service is provided through, IP addresses within the same virtual network as the (virtual Machine) or IP addresses of the Customer’s tenant or public, routable IP addresses.

Region” is the Azure region of the Customer where the Spinpanel WorkSpace Service is provisioned in.

"Downtime" is the total accumulated minutes that are part of Maximum Available Minutes that have no Spinpanel WorkSpace Agent Connectivity in the region or the total accumulated minutes that “Workspace Management” is not available for intended usage to the customer in Spinpanel Platform.

"Monthly Uptime Percentage" is calculated as Maximum Available Minutes less Downtime divided by Maximum Available Minutes in a billing month for a given Spinpanel subscription. Monthly Uptime Percentage is represented by the following formula:

Monthly Uptime % = (Maximum Available Minutes – Downtime) / Maximum Available Minutes X 100

MONTHLY UPTIME PERCENTAGE

SERVICE CREDIT

< 99.9%

10%

<99%

25%

4. Support plans

We offer the following support plans on a per tenant basis.  If we do not meet the appropriate response times stated below, you will be entitled to a service credit for 100% of the support plan monthly fee for each tenant affected. 

 

Basic

Standard

Premier

Scope

Available to all Spinpanel customers

Production workload environments

Production workload and integration scenarios. Substantial dependence across multiple services

Customer Service, Self-Help and Communities

24x7 access online self-help, documentation, whitepapers, and support forums

24x7 access to billing and subscription support, online self-help, documentation, whitepapers, and support forums

24x7 access to billing and subscription support, online self-help, documentation, whitepapers, and support forums

Technical Support

Next business day access to Support Engineers via email

Business Hours access to Support Engineers via email and phone

24x7 access to Support Engineers via email and phone

Who Can Open Cases

 

Unlimited contacts / unlimited cases

Unlimited contacts / unlimited cases

Third-Party integration support

 

Interoperability & configuration guidance and troubleshooting*

Interoperability & configuration guidance and troubleshooting**

Case Severity/Response Times

Minimal business impact (SEV-3):

next business day

Minimal business impact (SEV-3):

<16 hours

 

Moderate business impact (SEV-2):

<4 hours

Critical business impact (SEV-1):

<2 hour

Minimal business impact (SEV-3):

<8 hours

 

Moderate business impact (SEV-2):

<2 hour

Critical business impact (SEV-1):

<1 hour

Training

 

Web seminars

Web seminars

Pricing / Month

Included in Spinpanel license

€10,- per tenant

€ 20,- per tenant

 *Limited to 2 hours per month per tenant during business hour
**Limited to 3 hours per month per tenant during business hours

5. Severity and responsiveness

Initial Response Time is the period from when you submit your support request to when a Spinpanel support engineer contacts you and starts working on your support request. The Initial Response Time varies with both the support plan (basic, standard or premier) and the Business Impact of the request (also known as Severity).

SEVERITY LEVEL

CUSTOMER’S SITUATION

INITIAL RESPONSE TIME

EXPECTED CUSTOMER RESPONSE

SEV-1

Customer’s business has significant loss or degradation of services, and requires immediate attention**.

The system is in a critical state and is actively impacting a large number of users.


Functionality has been severely impaired for a long time, breaking SLA.


A customer-data-exposing security vulnerability has come to your attention.​

Standard: < 2 hour

 

Premier: < 1 hour***

 

24x7 access*

When you indicate SEV-1 you confirm that the issue has critical business impact, with severe loss and degradation of services.

The issue demands an immediate response, and you commit to provide continuous, 24x7 cooperation with the Spinpanel team until resolution, otherwise, Spinpanel may at its discretion decrease the Severity to SEV-2.

You also ensure that Spinpanel has your accurate contact information.

SEV-2

Customer’s business has moderate loss or degradation of services but work can reasonably continue in an impaired manner.

 

Issue actively impacting many users’ ability to use the product.

Standard: < 4 hour

 

Premier: < 2 hour***

 

24x7 access


or

Business Hours

When you select Severity B you confirm that the issue has moderate impact to your business with loss and degradation of services, but workarounds enable reasonable, albeit temporary, business continuity.

The issue demands an urgent response. If you choose 24x7 when you submit the support request, you are expected  to provide continuous 24x7 cooperation with the Spinpanel team until resolution**, otherwise, Spinpanel may at its discretion decrease the severity to SEV-3. If you choose business-hours support when you submit a SEV-2 incident, Spinpanel will contact you during Business Hours  only.

You also ensure that Spinpanel has your accurate contact information.

SEV-3

Stability or minor customer-impacting issues that require immediate attention from Spinpanel.

​Partial loss of functionality, not affecting majority of users.

Something that has the likelihood of becoming a SEV-2 if nothing is done.

Basic: next business day

Standard: < 16 hour

Premier: < 8 hour***

Business Hours

When you select SEV-3 you confirm that the issue has minimum impact to your business with minor impediment of service.

For a SEV-3 incident, Spinpanel will contact you Business Hours only.

You also ensure that Spinpanel has your accurate contact information.

  *Based on 24x7 in English for SEV-1 and SEV-2
 **Spinpanel may downgrade the severity level if the customer is not able to provide adequate resources or responses to enable Spinpanel to continue with problem resolution efforts.
***Include the incident number and the words ‘Escalation request – Premier – Contract <your contract id>’ in subject line of message or have your Spinpanel Premier contract ID available for the operator

6. Feature Request Management

We do not implement features based solely on their popularity.  We take several factors into consideration.  We do not provide ETAs for feature requests or publish long term roadmaps.  We regularly review feature requests.  Feature requests can be made through our Support email channel at support@spinpanel.com

7. Escalation Policy and Support Channels

You can request support through one of the following channels:

Should you not be satisfied with our Customer Support response, your escalation protocol is the following:

  1. Try to resolve with your Customer Support agent
  2. Have your supervisor contact our Customer Support Manager Here
  3. Have a director of your business contact your Spinpanel Account Manager

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

8. Planned Outage Policy

We operate on a continuous deployment cycle to minimize product and service variations between versioning.  However, from time to time, downtime is required.  We will notify you via email at least 24 hours in advance of bringing down the site.  We will also notify you when the site operation has been restored.

9. Un-Planned Outage Policy

If our Services become Unavailable, please assume we are aware and are working diligently to resolve the issue.  We will notify you when we are back up and follow up with an RFO for outages lasting longer than 24 hours.