TermsService Level Agreement
Last Updated: September 4, 2023
This Service Level Agreement (“SLA”) sets out the terms, requirements and conditions on which WEDO SA will provide you support with regards to your access and use of our services.
This Agreement is an annex to the WEDO Terms of Service and forms an integrant part of it.
For the purposes of this SLA:
“Support” means assistance to the Client’s staff.
“Functional Updates” means enhanced and improved versions of the code intended for permanent use. Functional Updates includes any such code whether referred to as updates, upgrades, releases, versions or by any other name and whether or not released generally to customers.
“Maintenance Updates” means revised and corrected versions of code intended for permanent use. Maintenance Updates includes any such code whether referred to as updates, upgrades, releases, versions or by any other name and whether or not released generally to customers.
“Materials” means Workarounds, Documentation Updates, Databases and Bulletins as defined in Clause 4 below.
“Patches” means code intended as a temporary solution of a specific malfunction. Patches includes any such code whether referred to as patch, bug-fix, correction or by any other name.
“Program Error” means a defect in the code of our product which is reproducible and which causes such product to malfunction, in particular not to function substantially in conformance with Product documentation.
“Support Issue” means any malfunctions, defects, or missing or deviant functionality of products, including Program Errors, experienced by Client during productive Use of Products.
2. ACQUISITION OF MAINTENANCE
In consideration of the Client’s subscription to our services, WEDO shall provide the Client with Updates and/or Support, as the case may be.
In case of third party products, i.e. products that are owned by third parties and whose usage is licensed by WEDO in Client’s favour, WEDO shall specify, in the Order Form[PG1] , whether the Support is delivered by WEDO itself or whether WEDO procures Support to be provided by the third party. In the latter case, the Support terms shall be subject to the relevant third party’s SLA’s terms
In providing Support, WEDO is responsible for the resolution of Program Errors, and other Support Issues, in accordance with the terms of this SLA.
- Designate an individual for coordination of Support.
- Assist Supplier in the reproduction of Program Errors reported.
In providing Updates, Supplier shall deliver software Patches, Maintenance and Functional Updates or Successor Products to Customers as they become available. In addition, Supplier shall provide the following Materials:
- Methods or procedures for avoiding or bypassing Program Errors (‘Workarounds’).
- Amendments to Product documentation for completing, correcting or clarifying use and operating instructions (‘Documentation Updates’).
- Access to on-line databases of documented Product issues and their resolution (‘Database’).
- Information on pending Maintenance Updates and Functional Updates, including information on the Program Errors or missing functionality they are meant to address (‘Bulletins’).
5. AVAILABILITY OF CHAT SUPPORT
Unless otherwise agreed, chat Support will be available as follows:
|Hours & Working Days (Swiss time)||Languages|
|Monday to Friday, 8:00 to 17:00||French, German, English|
6. REPORTING AND CLASSIFICATION OF SUPPORT ISSUES
Any Support Issue reported by a Client which cannot be resolved immediately shall be acknowledged by WEDO and allocated an identifying reference number (‘Acknowledgement’).
Support Issues, in particular Program Errors, shall be classified, based on Customer’s evaluation, as follows:
|Critical 1||Service to many staff is unavailable or seriously impaired. The loss of service has an extremely high impact on the business process and may directly result in lost profit, revenue or risk management i.e. enterprise critical e.g. A major infrastructure failure (e.g. loss of central service, all communication to a site, or site service etc). There is no readily available alternative to perform work. Service may be restored temporarily through a Workaround until a more permanent resolution is completed. The incident has a high impact on the business process. Consequences are clearly visible but can be contained. e.g. a major service failure with widespread effect, but not sufficiently critical to be immediately business affecting (as defined above). An otherwise Critical incident for which backup/Workaround procedures are in place and operating, but for which there is still some risk of recurrence.|
|Urgent 2||Incident has impact on the business process. Consequences are seen e.g. Department is concerned, loss of service to more than one user. Service failure affecting one or more users, though not widespread, where there is no adequate Workaround, or which has the potential to cause major business impact if not resolved. During core business hours, will receive attention within 4 working hours by assigned analyst/resolution Group.|
|Standard 3||Incident has some impact on business process. Consequences are seen but there is an alternative way to perform work. The loss of service does not result in a major impact on the business e.g. User incident where the work process is significantly hindered. Office hours only Incident has impact on business process. Consequences are seen but there is a readily available alternative to perform work. The loss of service does not result in any direct impact on the business e.g. User incident where the work process is affected but not enough to prevent it.|
Severity Levels and Response and Resolution Times
|Critical 1||Urgent 2||Standard 3|
|Initial Response Time during Core Business Hours (Ticket is set to Work in Progress status)||1 hour||4 hours|
|Time to Resolve (Ticket is set to Resolve)||One business day (anticipated maximum time barring exceptional cases)||Five business days (anticipated maximum time barring exceptional cases)|
Acknowledgements of Support Issues issued by WEDO shall contain the agreed classification and a first estimate of temporary resolution time or next communication.
Requests raised by Client for changes to Products which are not Support Issues shall be dealt with as requests for Services.
Parties agree that, considering the services at stake, Support issues will in most instances be classified as either Urgent 2 or Standard 3, but should normally not be considered as Critical 1.
7. SUPPORT ISSUE RESOLUTION
WEDO shall analyse Support Issues and undertake their resolution, in accordance with resolution methods and times set out in this Clause 7 and in Clause 6 above.
Where a Support Issue is caused by a Program Error, it shall be finally resolved by supply of a Maintenance or Functional Update, but shall be temporarily resolved by a Patch or a Workaround, subject to the following restrictions:
Delivery of Permanent Error Resolution
|Severity||Temporary Resolution||Permanent Resolution|
|Critical 1||Patch (or Workaround, if agreed)||Next Maintenance Update|
|Urgent 2||Workaround (or Patch, if agreed)||Next Maintenance Update|
|Standard 3||Workaround (optional)||Next Maintenance Update unless this constitutes a disproportionate effort, otherwise next Functional Update|
Functional Updates shall incorporate all prior Maintenance Updates.
WEDO shall provisionally close a Support Issue upon delivery of a temporary resolution, if any, and finally close it upon delivery of the Maintenance Update or Functional Update, as the case may be, which resolves the Issue permanently.
Support Issue resolution is not due under Maintenance if the Support Issue is caused by:
- another application used by Customer;
- any operation or use disregarding documentation or other advice given under Support;
- malfunctions of the equipment, electricity breakdown or other events independent of the operation and use of the services;
- any accidental, malicious or negligent misuse or damage.