Service Level Agreement - Single Tenant

Version 2.2, last updated 07.08.2024

Purpose and Scope

This document defines the levels of service promised by Unique in relation to “Support” and “Service Availability”. It also details the “Service Credits” Unique may grant the Customer in the case of non-compliance with the service levels as set out in the Service Credits section..

This SLA does not apply to any software, equipment or services or other parts of an information technology system that are not subscribed from or managed by UNIQUE. Refer to chapter “Permitted availability” and “Exclusions” for additional exclusions and restrictions to this SLA.

This SLA is effective from the start date of the Software subscription specified in the contract and ends on the expiration or termination of the contract.

Definitions

• Available or Availability. The time our Software is available for Customer access and use.

• Business Days. Monday to Friday excluding Public Holidays (Switzerland, Zurich).

• Business Hours. 9am – 5pm (CET) during Business Days.

• Core Functionality. Refers to the primary operations and features that are essential for the software including the end user chat (asking questions, ansUniquering questions, searching content, viewing content). Features for admin users are not considered as Core Functionality.

• Claim. A claim submitted by Customer to Unique under this SLA for Service Credit.

• First Response Time. The time betUniqueen a ticket being opened in Unique’s Help Desk and confirmation to Customer via Unique’s ticketing system that Unique have received the request and are investigating the Issue (any automated response from the ticketing system does not count towards First Response Time).

• Issue. A support request for an incident or problem with using or accessing the Software.

• Resolution Time. The time betUniqueen Response Time until resolution or conclusion of the Issue. For Severity 1 Issues, if Unique provide a workaround, Unique will downgrade the Severity Level to Severity 2.

• Planned Maintenance. Planned and scheduled implementation of Upgrades, network, or infrastructure changes for maintenance during which the Software will not be Available; If such Planned Maintenance will be during Business Hours the Customer will be given 24-hour prior notice.

• Service Credit. A financial credit Unique may credit back to an eligible, active and not-terminated Customer account based on this SLA.

• Unavailable Time. Time when the Software is not available for Customer access or use excluding any Permitted Unavailability.

Support for Software Issues

Customer’s Authorised Users can request support via Email to enterprise-support@unique.ch

Support covers core functionality of Unique Enterprise Software. It does not include customization advice and consulting services. If the Issue is specific to the particular configuration of Customer, it is classified as consulting services and is not covered under this SLA.

Software Availability

Availability

Unique will make commercially reasonable efforts to ensure that the critical services (e.g. recording capabilities) of the Unique Enterprise Software are at least available 99.5% of the time during business hours (CET). Availability is measured based on the monthly average of Availability, rounded down to the nearest minute (“Availability Average”).

The Availability Average for each calendar month is calculated as follows:

((Total number of hours of Availability possible per calendar month – Hours of Unavailable
Time during business hours per calendar month)/ Total number of hours of Availability possible per calendar month) x 100.

Permitted Unavailability

Software Availability does not include any loss of availability time resulting from or related to the following Issues (each such period of time, a “Permitted Unavailability”):

• Issues that result from Customer equipment, hardware, software, or other technology and/or third-party equipment, hardware, software, or other technology (excluding third-party equipment within Our direct control);

• Legal or regulatory requirements (including orders of ordinary courts of the respective country in which the operation takes place)

• Non-material or non-critical performance issues, such lagging issues, effecting non-critical individual features for a non-material amount of time;

• Issues that are related to corrupted Customer content, Third Party Applications or third parties;

• Issues of congestion, caused by Customer exceeding the number of Authorized Users set out in Customer’s Order Form(s), whereby high traffic levels result in service disruption;

• Blocking of single services or an entire account due to abusive use

• Customer inaccessibility; if, for any reason, Customer cannot be reached to correct an Availability Issue, then until Unique can make contact with Customer to begin fixing the Availability Issue, such time will not be included when calculating Availability Average (e.g. if Customer needs to grant approval before Unique can investigate and fix bugs on Customer );

• Issues resulting from events outside of Unique’s reasonable control, including, but not limited to problems caused by

  • force majeure events

  • internet access, connectivity issues or related problems

  • Customer’s failure to follow agreed procedures

  • unauthorized changes to the Software by Customer

  • errors made by the Customer’s system administrator

  • irreversible destruction of data directly caused by direct actions taken by Customer,

  • a third party gaining access to the Software by means of Customer’s Authorized Users’ accounts or equipment

  • Customer’s continued use of the Software after Unique has advised Customer to modify such use, if Customer did not modify its use as advised or

  • other acts or omissions of Customer, its Authorised Users or any other third party;

• Planned Maintenance

Monitoring

Unique ensures a continuous monitoring of the Unique Enterprise Software. The alerting stack will send out notifications to UNIQUE via a communication tool. As soon as an alert is sent to UNIQUE, a severity level is assigned to the Issue according to table 1.

Software Issue Severity Levels, First Response Time and Resolution Time

According to the table below Unique will assign a priority level (“Severity Level”) to each Issue either received as a Customer user request or as a monitoring alert. According to the Severity Level Unique commits to the applicable First Response and Resolution Time.

Table 1: Severity Level, Response and Resolution time

*excludes the time for Customer inaccessibility; if, for any reason, Customer cannot be reached to correct an Issue, then until Unique can make contact with Customer to begin fixing Issue, such time will not be included when calculating Target Resolution Time (e.g. if Customer requires to first grant approval (PIM) before Unique can investigate and/or fix bugs on Customer Azure Subscription)

Service credit claim

To make a Claim, Customer must submit a ticket via enterprise-support@unique.ch within 20 days of the month in which the Unavailable Time occurred, and/or the Response Time and/or Resolution Time did not meet the applicable Severity Level.The ticket must include:

a) “SLA Claim” as the subject of the ticket;

b) the applicable dates and times Service Credit is requested for; and

c) any applicable information that documents the claimed Unavailable Time, Response Time
or Resolution Time. If Service Credit is issued, it will be issued to Customer for future use only. No refunds will be provided. Service Credits can not be transferred to another Unique customer or applied to any other account.

Unique will use all information reasonably available to to validate a Claim and make a good faith judgment on whether a Service Credit applies.

Service credit calculation

For any Unavailable Time experienced by Customer in a calendar month period, Unique will provide a Service Credit. Service Credit will be calculated in accordance with the table below:

If the Support Service Level did not meet the First Response Time and / or Resolution Times in a calendar month, Unique will provide a Service Credit. Service Credit will be calculated in accordance with the table below:

Each Service Credit is calculated as a percentage of monthly fees paid by Customer for the applicable month in which the Unavailability Issues occurred. Service Credits are the sole and exclusive remedy for any failure by Unique to meet any obligations in this SLA.

Software Improvements

Unique will make available to Customer new versions, releases, and updates to the Software to solve defects and/or errors, keep the Software up-to-date with market developments, or otherwise improve (the operation or functionality of) the Software (collectively, “Upgrades”). These Upgrades may include bug fixes or may patch vulnerabilities.

Bug-/and Hotfixes will solely be provided for the latest version of the software and always need to run through Unique’s release pipeline.

Exclusions

This SLA only applies to Customer’s subscription to and use of the Software for a fee. The SLA does not apply

a) for Clients not running on the latest Software Release Version.

b) to any free Services, pilot or beta testing Services provided by Us.

c) Issues or events described in chapter “Permitted availability”.