Service Level Agreements (SLA)

The terms used in the article below correspond to iSYBUY. To find iBAT equivalents, click on this link.

This article describes iSYBUY's service commitments for services rendered as part of the iBAT TEMPS - iSYBUY Solution.

In this article :

• Definitions
• SLA evolutions
• Customer support
• Maintenance and interruption of the solution
• Solution availability
• Monitoring indicators and penalties

Definitions

• "Anomaly"

This term refers to a malfunction encountered by the customer in the operation of the iBAT TEMPS - iSYBUY Solution.
The Anomaly is said to be "Blocking" when it makes it impossible to use all or part of an Essential Functionality of the tool, with no workaround solution for the customer. The Anomaly is said to be "Non-blocking" in all other cases.

• "Essential Functionality"

Refers by default exclusively to :

Any document transfer functionality between the customer and the Solution
And/or any process within the Solution for acquiring, filing, creating, signing, checking, enhancing, validating and archiving documents.

• "Service Level Agreement (or "SLA")

Refers to the service commitments made by iSYBUY with regard to the Solution as defined in this Appendix.

SLA evolutions

The customer agrees that the SLA accepted on the date of signature of the contract may change as a result of technical developments and legal and/or regulatory updates relating to the Solution, provided that the change in the SLA does not constitute a deterioration in relation to that applicable on the date of signature of the Contract.
As a result, and insofar as each major change to the SLA is notified to the Customer by any means, and considering the public policy nature of the legal and/or regulatory provisions, the Customer acknowledges and accepts that the updated version of the said SLA is deemed to be the contractually applicable version of the SLA.

Customer support

Customer support is available from Monday to Friday, excluding French public holidays, from 09:00 to 18:00 (mainland France time) on the following telephone number +33 7 57 91 57 82 or by email: support@ibat-solution.com.

Once the Solution has been put into production, Customer Support must be immediately informed in writing by e-mail of any Anomaly occurring on the Solution.

Customer support undertakes to register the incident request within four working hours of receipt of said request.

After diagnosis and qualification of the Anomaly, iSYBUY undertakes to make the necessary corrections within eight working days for Non-Blocking Anomalies and one working day for Blocking Anomalies. If, within one working day, iSYBUY is able to identify a solution allowing the Blocking Anomaly to be bypassed, it will be reclassified as a Non-Blocking Anomaly. The Anomaly must be reproducible in order to allow iSYBUY to guarantee the resolution time. In this respect, iSYBUY will use all necessary means to resolve the Anomalies and will inform the customer by email of the progress of the resolution of these Anomalies.

Maintenance and interruption of the solution

iSYBUY may carry out service interruptions required by scheduled maintenance operations (updating the Service or correcting a defect affecting the functionality of the Solution or putting a new version of the Service online, etc.), up to a limit of fourteen interruptions per year scheduled during periods of low use, including :

• eight interruptions lasting less than two hourstwo interruptions lasting less than six hours
• four interruptions lasting less than eight hours
• (scheduled on Sundays)

iSYBUY will inform the customer by broadcasting a notification on the said Solution and/or by sending him an email giving twenty-four hours' notice.

For any interruption due to an unscheduled maintenance operation, iSYBUY undertakes to inform the customer as soon as possible by broadcasting a notification on the Solution and/or by sending an email.

Exceptionally, and once a year at the most, iSYBUY reserves the right to interrupt the Solution for forty-eight consecutive hours, during a weekend (Saturday - Sunday). In this eventuality, iSYBUY undertakes to inform the customer by publishing a notification within the aforementioned Solution and/or by sending an email, giving one month's notice.

Solution availability

The Solution is available (access to the Web Portal and file transfer) 24 hours a day, 7 days a week. In this respect, iSYBUY undertakes to provide response times for the solution (for consultation), measured at the entrance to the DMZ (demilitarised zone) of its platform, it being understood that the said undertaking does not cover the time taken for routing on the Internet network, of :

• 80% of requests processed in less than 3 seconds
• 97% of requests processed in less than 5 seconds.

A request is understood to mean the display of a document on the basis of a discriminating criterion (invoice number, credit note number, order number, etc.).

In the event that the Solution is interrupted for more than twenty-four consecutive hours between Monday and Friday (excluding public holidays), iSYBUY will offer Solution members, within the forty-eight working hours following the said twenty-four hour interruption, a workaround solution for the processing of data flows received before the effective interruption of the service.

Monitoring indicators and penalties

In view of the shared nature of the Solution, the customer hereby agrees to monitor the quality of the service exclusively on the basis of the service indicators and commitments defined by iSYBUY and described below. Indicators are measured outside scheduled maintenance periods.

If service commitments are not met, penalties may be applied. Penalties will be calculated for each indicator according to the formula P= M x (99 - IR) /100

• P is the value of the penalty relating to the indicator
• M is the monthly turnover invoiced by iSYBUY for the flow concerned by the indicator
• IR the level reached (calculation example: if IR = 97%, then the penalty is 4% of the monthly turnover concerned). The penalties for each indicator are cumulative. The total amount of the penalties is capped at ten percent (10%) of the turnover for the month invoiced by iSYBUY, insofar as the customer respects the contractual payment terms for its invoices with a tolerance of ten (10) days late.

In the event of non-achievement of quality indicators over a given measurement period, the client has a period of three months after the end of the calendar month of the observed defect to request iSYBUY to apply the corresponding penalty. This request will have to contain all justifications of non-fulfilment of the whole of the commitments of service, in particular the copies of the notes of incidents sent to iSYBUY.

In the hypothesis where the non-respect of the quality of service has its origin in a fact external to iSYBUY or in case of Force Majeure, the penalty above will not be applicable.

The Parties agree that any penalties paid in respect of a breach of the service agreement are in full discharge of any liability action under article 2.3- Liability of the General Terms and Conditions of Sale.

It is agreed between the Parties that a probationary period of two (2) months will be implemented from the start of production, for the purpose of adjusting the processing of flows and procedures, with a view to achieving the level of service defined above. Consequently, the service level agreements (SLA) as defined in this Appendix will only be applicable at the end of the said probationary period.

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Related keywords :

commitments - level - service - SLA - availability - maintenance - interruptions penalties - assistance - support - anomalies