Service Level Agreement – Foleon

This Service Level Agreement (“SLA”) forms part of the Software as a Service agreement between Customer and Foleon (“Agreement”). In the event this document is translated into any other languages, the English version shall be authoritative. Foleon encourages Customers to review the online SLA periodically.

This SLA describes the levels of Product availability and Support that Customer can expect to receive from Foleon for the duration of the Agreement.

1. Definitions – Unless otherwise defined herein, or in the Agreement between Customer and Foleon, all capitalized terms used within this (SLA) have the following meaning:

1. “Business Day” means between 09:00 to 18:00, local time for the contracting Foleon entity, not including Saturday, Sunday, or public holidays. 
1. Contracting entity the Netherlands local time Central European Time (CET)
2. Contracting entity the United States of America local time Eastern Standard Time (EST)
2. “Customer” means a company or its representative with a current agreement with Foleon for the purchase of Service(s) or a user of a free trial version of Foleon.
3. “Degraded Performance” means a lower quality of service as described in this SLA (e.g. temporarily broken or temporarily unavailable functionality).
4. “Downtime” means the period of time during which the Product is wholly unavailable to Customer, including maintenance occurring outside of Maintenance Hours for which less than 24 hours’ notice was provided to affected Customers. However, Downtime shall not include:
1. Scheduled Maintenance;
2. Degraded Performance;
3. factors outside of Foleon’s control, including any Force Majeure Events;
4. failures, acts or omissions of Foleon’s upstream providers;
5. failures of the internet;
6. acts or omissions of Customer and its Users; and
7. enforcement of Regulations.
5. “Learn Center” means the Foleon help portal currently located at (help.foleon.com) that publishes information on how to perform tasks in the Service(s) and responds to frequently asked questions
6. “Maintenance Hours” means Monday to Friday from 00:00 – 04:00 UTC, all day Saturday, and Sunday from 13:00 – 04:00 UTC.
7. Resolution Time – the time between the Response Time until the issue is resolved.
8. Response Time – the time between the receiving of a Ticket and the time of commencing work on the issue.
9. Scheduled Maintenance – planned outages, either suspending service in full or in part, which Foleon will endeavor to announce at least 10 working days in advance and in any case will announce no later than 24 hours in advance, which will not exceed a reasonable period of time for the maintenance required and which, where possible, shall take place during Maintenance Hours.
10. “Service(s)” means the specific proprietary SaaS (Software as a Service) product(s) of Foleon specified in Customer’s Order Form, including any related Foleon Documentation, and excluding any Third-Party Products. The Service(s) include access to the features and functionalities made available by Foleon from time to time.
11. SLA Effective Date – the Project Start Date stated in the Agreement or applicable Statement of Work and the date this SLA enters into force
12. Ticket – an electronic request sent to Foleon by Customer either via email ([email protected]) or chat
13. Uptime – the percentage of time that the Service available as calculated in accordance with this SLA.

2. SLA Effective Date and Term – This SLA will be effective from the Agreement or Project Start Date and will terminate without further notice and without the right to compensation or restitution upon the expiry or termination of the Agreement or applicable Statement of Work.

3. Scope of the Service Level Agreement – This SLA applies only to the Service(s) and Professional Services described in the Agreement or applicable Statement of Work. This SLA does not apply to any software, equipment, services, or other parts of an information technology system that are not purchased from or managed by Foleon.

Foleon will rectify material issues with the Service(s), except where:

1. the issue has been caused by the Customer’s use of the Service(s). Meaning using the Service(s) manner that is contrary to Foleon Training, Documentation, Knowledge Base, or any other instruction issued by Foleon;
2. Customer has made unauthorized changes to the configuration or set-up of the affected Service(s);
3. Customer has prevented Foleon from performing maintenance on the Service(s);
4. the issue has been caused by Third Party Products; or
5. the issue has been caused by User(s), including by modifying part of the software or by adding, deleting, or assigning improper rights to Users.

4. Responsibilities

Foleon responsibilities:

1. ensure the relevant Service(s) and Professional Services are available to Customer in accordance with the Uptime guarantee;
2. respond to support requests within the timescales listed below;
3. take steps to escalate, diagnose, and resolve issues in an appropriate and timely manner, including the allocation of a sufficient number of skilled staff and the collection of necessary information; and
4. maintain clear and timely communication with the Customer at all times.

Customer responsibilities:

1. use the Service(s) as intended under the Agreement;
2. notify Foleon of issues or problems in a timely manner and as thoroughly as is possible;
3. cooperate with Foleon in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information;
4. in case of an Critical Alert, ensure the availability of a sufficient number of skilled Customer employees to cooperate with Foleon;
5. provide Foleon with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention; and
6. maintain staff with adequate information technology knowledge to fulfill these responsibilities.

5. Problem Reporting: The Customer will report problems to Foleon via email or chat. The following information will be provided:

1. SaaS Solution involved
2. Steps to reproduce the issue/problem
3. If the issue/problem is repeatable or random
4. Severity of issue/problem
5. Any other useful information pertaining to the issue/problem

6. Availability – Uptime is calculated each month 24 hours a day 7 days a week (“Agreed Hours of Service”). Uptime is measured based on the monthly average of availability, rounded down to the nearest minute, and calculated as follows: 

Uptime % = Agreed hours of Service / hours of Downtime* 100

Metrics

Humans

Editor

Foleon Doc

Publishing

Technology, service availability/uptime

99,00%

99,70%

N/A

Technology, mean time to repair

24hrs

4hrs

4hrs

Technology, mean time between failures

90 days

270 days

30 days

Support, time to first response

24 hrs

7. Severity –  Based on the Severity of an issue Foleon provides variating Resolution Times.

Priority

Type of Problem

Response Time

Resolution Time

1. Critical

Highly critical alert. Service(s) is not available for use or a significant proportion of the contracted functionalities are not available.

1 hour during business hours (CET)

3 hours outside business hours (CET)

1 day

2. Major/Serious 

Major/Serious alert. One or more elements of the Service(s) critical to the functioning of the Customer’s business have ceased to respond completely or respond extremely slowly.

2 hour during business hours (CET)

6 hours outside business hours (CET)

5 business days

3. Non-Critical 

Non-critical alert. One or more elements of the Service(s) have ceased to respond completely or respond slowly and a workaround is available.

24 hours

10 business days

4. Notification

Notification of minor issues that does not prohibit Customer from utilizing Service(s) in any material way.

24 hours

Best Effort

8. Problem Resolution – Foleon will use its best efforts to resolve each problem within the time frame listed in the “Resolution Time” column. If the problem is not resolved within this time period, the problem will be escalated as indicated in the chart. Upon each escalation, Foleon will immediately notify the Customer of the escalation and course of action taken to resolve the problem.

9. Remedies – If Foleon fails to meet the Uptime commitment Foleon will provide Service Credits

10. Service Credits – Should Uptime fall below the agreed percentage in any calendar month, Foleon will offer damages in the form of Service Credits, which are calculated as follows:

Editor Uptime 

Foleon Doc Uptime

Service Credit (% of monthly fees)

98.0-99.0%

98.3-99.3%

10%

97.0-97.99%

97.3-98.29%

20%

96.0-96.99%

96.3-97.29%

30%

90.0-95.99%

90.0-96.29%

40%

<90.0%

<90.0%

100%

11. SaaS Solution Service Level Reporting – Foleon will monitor the Uptime of the Service(s) continuously and can on request report monthly on the service level uptimes, response times, and error correction response times. In addition, the Company may request service level reporting at any time.
https://status.foleon.com/