This document contains the supplementary provisions on availability, maintenance, and response and recovery times for the software as a service (SaaS) provided by Maglr.
1. Subject Matter of the SLA
This SLAshall apply to the SaaS Service provided by Maglr (a single SLA for all license versions). Maglr shall provide a secure and available platform, in order to supply its customers with the ability to publish and share interactive content.Maglr makes every possible endeavour to provide customers with constant access to the SaaS Service including the published result (interactive publications).The SLA contains the provisions on the rights and remedies for the customer in the event that it experiences a service interruption as a result of a failure of Maglr’s Service.
For the purpose of this SLA, the terms in bold below are defined as follows:
- “Available” or “Availability” means when the customer has unrestricted access to the SaaS Service provided by Maglr, subject to the exclusions defined under “Downtime” below.
- “Maglr”means the online platform from where customers can create interactive content (publications) using of two different editors. The visual result can be published and shared through a link, an embed functionality, and app or downloaded offline.
- “Business Days” means Monday to Friday excluding January 1, April 27 and December 25.
- “Business Hours” at Maglr means from 8 a.m. – 6 p.m. CET/CEST on Business Days.
- “Downtime” means the total number of minutes, outside Scheduled and Regular Maintenance periods, that the customer cannot access the SaaS Service. The calculation of Downtime excludes time that the customer is unable to access the SaaS Service due to any of the following:
- Scheduled Downtime
- Customer’s own internet service provider
- Force majeure event
- Any systemic internet failures
- Any failure in the customer’s own hardware, software or network connection
- Customer’s bandwidth restrictions
- Customer’s acts or omissions
- Anything outside of the reasonable control of Maglr
- “Emergency Maintenance” is any maintenance by Maglr of which the customer has less than 5 Business Days’ advance notice. Maglr may schedule Emergency Maintenance if it is deemed necessary to avoid any immediate threat to the environment or customer sites. Maintenance Notifications will be sent to the customer’s support contact as defined by the customer.
- “Maintenance Notifications” means communication from Maglr, via an email to the customer’s designated support contact, regarding the date and time that Maglr intends to make the SaaS Service un-available. The customer understands and agrees that there may be instances where Maglr needs to interrupt the SaaS Service without notice in order to protect the integrity of the SaaS Service due to security issues, virus attacks, spam issues or other unforeseen circumstances.
- “Maintenance Time” means the time period during which the SaaS Service may not be available each month so that Maglr can perform routine maintenance as needed to maximize performance.
- “Regular Maintenance” means maintenance performed as Maglr strives to ensure the highest level of availability for all customer sites. To do so, regular maintenance may require Maglr to take systems offline for brief periods of time in order to implementUpdates, Releases or changes. Maglr reserves the right to carry out RegularMaintenance once per week outside of Business Hours.
- “Response Time” means the time period until Maglr’s confirmation of the reported defect, from receipt of the information required from the customer for Maglr’s support team to begin resolution and open a support ticket in Maglr’s systems. After receiving a report of a defect, Maglr shall use an appropriate method to provide the customer with a progress update.
- “Recovery Point Objective” or “RPO” means the maximum period contractually permitted under Section 4.3 in which data stored or transmitted in the Maglr platform might be lost.
- “Recovery Time Objective” or “RTO” means the duration of time within which the SaaS Service must be restored once it becomes un-Available.
- “Scheduled Downtime" is downtime for Scheduled Maintenance.
- “Scheduled Maintenance” shall be understood here to mean maintenance which occurs when Maglr detects an issue in the platform environment that requires action to avoid unscheduled maintenance in the future. Maglr reserves the right to schedule extended maintenance of the platform impacting on the SaaS Service with a minimum of 5 Business Days’ notice provided to the customer unless certain circumstances preclude Maglr from doing so, such as an external vendor issuing a change control to Maglr with less than 5 Business Days’ notice. All ScheduledMaintenance will take place outside of Business Hours.
- “Service Level Credit” means a credit applied to the customer’s invoice in the invoice period following successful confirmation by Maglr of affected SaaS Service metrics.
- “Total Monthly Minutes” means the number of days in the month multiplied by 1,440 minutes per day.
3. Customer Responsibilities and Obligations to Cooperate
It is the customer’s responsibility to ensure that it meets the following obligations to cooperate and that it does so at no cost to Maglr:
- have an internet connection with adequate bandwidth
- use a recent internet browser in accordance with the minimum requirements (Safari, Microsoft Edge, Google Chrome, Firefox), max 2 years old when auto updates are turned off;
- report all incidents or issues to the Support Helpdesk promptly;
- use anti-virus software with definitions updated daily at a minimum;
- make every effort to be available to Maglr during the resolution of a service-related incident or a request.
4. Support Levels
4.1 Term of the SLA
This SLA shall apply to all license variants(Business, Pro, Enterprise) of the Maglr SaaS Service for the duration of the contract.
4.2 SaaS Service Availability
To ensure that customers have access to their data when they need it, Maglr uses several levels of protection (hosting atAmazon Web Services) to provide customers with service availability (uptime) of 99,9%. A detailed service level description is specified in the SaaS Service Description.
For all license plans: Service Availability - 99.9%
Maglr uses a third party to measure whether the SaaS Service is Available (status.maglr.com). Availability is calculated based on the following formula:
- A = (T - M - D) / (T - M) x 100%
- A = Availability
- T = Total Monthly Minutes
- M = Scheduled Downtime
- D = Downtime
Scheduled and Regular Maintenance do not constitute un-Availability and are not included in the Availability calculation.
Maglr provides the following recovery attributes for all license versions:
- Recovery Time Objective (RTO) - 6 hours
- Recovery Point Objective (RPO) - 12 hour
4.4 Service Level Credits
If Maglr cannot meet the Availability specified in this SLA for reasons for which it is responsible, Maglr shall provide customers with a 100% credit note (Service Level Credit) for every full hour o fun-Availability, provided that the customer complies with the requirements set out in Section 4.5. The credit is calculated from the time of outage until the SaaS Service is Available again. Maglr will issue a credit equal to 100% of the SaaS Service costs per hour. Service Level Credits shall be offset against any claim for loss or damage caused by the customer.
4.5 Remedy and Procedure
The customer’s remedy and the procedure for claiming the Service Level Credits under Section 4.4. shall apply if (1) Maglr fails to meet the agreed availability figures referred to above and (2) the customer cumulatively complies with the following requirements:
- There must be a support ticket documenting the reported un-Availability within five (5) Business Days of the end of the service interruption;
- There are no invoice amounts on the customer’s account on which the customer is in default;
- The customer must notify Maglr at least be email within five (5) Business Days by opening a support ticket and providing the following details together:
- List the individual functional areas of the SaaS Service that were affected;
- List the date and time the Downtime occurred;
- List an estimate of the amount of actual Downtime in minutes;
5. Software MaintenanceServices
- Maglr continually analyses theSoftware to find potential for improvement, enhanced security, expanded functionality, and greater user-friendliness. Suggestions by the customer will be analysed and incorporated into the functionality of the Software at the discretion of Maglr.
- Enhancements of the Software(Releases) shall be made available to the customer from time to time. All functionality added by a Release shall be governed by the terms of this SLA and included in the subscription costs.
- In the event of a Software fault, the customer can contact the Support Helpdesk under defined conditions (see section entitled “6 Support Helpdesk”).
- If a security vulnerability is found which does not constitute a defect, Maglr will make every reasonable effort, within the limits of its operational capability, to fix the vulnerability.
6. Support Helpdesk
6.1 Service Scope
The Maglr Support Helpdesk provides technical support and help on all Maglr editors and services. It can be reached via email, phone or web chat during the hours stated under 6.2 and under the following conditions. The following aspects are covered by the Support Helpdesk:
- Platform, service interruption/outage;
- Platform service updates/maintenance;
- Platform service behavior that is not in line with what the customer’s users expect;
- Support regarding functionality.
- Support regarding design questions
The following aspects are NOT covered by the Support Helpdesk:
- Requests from third-party provider(s) of the customer;
- Requests for development or design by our support desk
6.2 Availability (Service Times)
The Maglr Support Helpdesk is available to all registered users (within the Maglr dashboard):
- E-mail: firstname.lastname@example.org
- Phone: +31 (0) 76 5430852
- For critical problems after working hours (+31 6 28 33 77 05)
Maglr provides language support in English and Dutch on Business Days as follows:
- English language support: 8 a.m. - 2 a.m. (the following day)CET/CEST
- Dutch language support: 8a.m. - 5 p.m. CET/CEST
6.3 Support Helpdesk Response Time
The SupportHelpdesk Response Time is defined as the time from when the customer enters the request into the Maglr ticketing system / chat or from when Maglr receives an email from the customer to the time when Maglr replies and starts working on the request. The Response Time is calculated based on the Service Times defined under 6.2. The maximum Response Times vary depending on the severity of the incident; the priority for resolution is determined by Maglr when evaluating the customer’s request:
High / critical
- Use of the Software or substantial parts thereof or complete processes is impossible (e.g. login is not possible, editors not functioning or published content unavailable)
- Response: < 1 hour
- Resolution: 1 – 6 hours
- Use of the Software is substantially impaired, but basic use is possible (e.g. rendering bugs published content, minor functions within dashboard unavailable)
- Response: < 1 hour
- Resolution: 1 - 24 hours
- The SaaS Service is available but exhibits minor problems not affecting the result (e.g. modules are available, but there are minor effects such as performance problems, graphics are not positioned correctly (rendering / browser bugs), or there are issues with displaying data)
- Response: < 24 hours
- Resolution: At Maglr’s discretion