Sensus BPM Cloud Service Level Agreement

Transcription

1 Sensus BPM Cloud Service Level Agreement

2 Cloud Services General This Service Level Agreement (SLA) applies to all Cloud agreements entered into by Sensusmethode B.V., specifying the general terms and conditions for Sensus-methode B.V.'s Cloud services. Cloud services offered by Sensus-methode B.V. consist of making hardware, infrastructure and software available to enable web-based use of the Cloud software by the client, as well as of implementation of and operational support for this Cloud software. Upon commencement of the provision of Cloud services, Sensus-methode B.V. and the client will enter into a Cloud agreement, specifying the terms and conditions governing the execution of the Cloud services for the client. This Cloud agreement may contain deviations from this SLA to tailor the services to the client; provisions from the Cloud agreement shall therefore take precedence over provisions from this SLA. Aside from the Annual User Licence / Service Agreement & Sensus BPM Cloud SLA, Sensus-methode B.V.'s General Terms and Conditions shall also govern the Cloud services. Description of Cloud technology and services Sensus BPM Cloud is based on what is known as the client-server model. Local client software (BPM Modelers) communicates with the Sensus BPM Cloud server via the network or the Internet. Sensus-methode B.V. has the following proprietary Cloud facilities and makes them available to enable the client to make webbased use of the Cloud software specified in the Cloud agreement: Sensus BPM Cloud server environment where parties can create, edit and publish processes in the Cloud together. Sensus BPM Modeler a BPM Modeler application that is to be installed locally to enable process modelling and structuring, both locally and in the cloud. Sensus-methode B.V. offers the following services System management, application management and maintenance of the aforementioned Sensus BPM Cloud server environment and facilities. Maintenance of the aforementioned Sensus BPM Modeler application. The services required for implementation of the Cloud software, such as a preliminary study, project management, configuration, functional and technical design, programming, testing, training and customer support. Operational support for employees trained by Sensus-methode B.V. and who hold a training certificate, i.e. customer support and first-line and second-line help desk support. Setting up, assisting and/or fully taking care of Process Management consultancy projects. Cloud service continuity To guarantee continuity of Cloud services, all Cloud software and data files are regularly backed up from the operational Cloud server to a second server. In the event of bankruptcy or other ceasing of business operations on the part of Sensus-methode B.V., files stored in the Cloud shall be returned to the customer as local files (.spr). The client can furthermore decide to enter into a Cloud Escrow agreement in collaboration with an Escrow provider. Under such a Cloud Escrow agreement, Sensusmethode B.V. would agree to put software, file data and documentation into the custody

3 of the Escrow provider to allow a party other than Sensus-methode B.V. to provide the Cloud services. In the event of a number of the circumstances that are explicitly described in this agreement occurring, the Escrow provider shall deliver the data in its custody to the client. Examples of such circumstances include non-compliance with important obligations, bankruptcy, suspension of payments or Sensus-methode B.V. otherwise ceasing business operations. The client may request that the Cloud Escrow agreement be worked out in greater detail, following which the costs for which the client is liable shall be calculated. Liability Sensus-methode B.V. shall not be at all liable in case of non-compliance with provisions from this SLA if: non-compliance is caused by force majeure. For the purposes of this SLA, force majeure is defined as: failures in the Cloud facilities, earthquakes, fire, theft, flooding, epidemics, war and other causes that cannot be attributed to Sensus-methode B.V. non-compliance is not caused by Sensusmethode B.V., but by the client, e.g. incompatible or failing business or IT infrastructure, or by a third party facilitator of the Cloud services, such as an internet service provider. Service Level Agreements Availability The Cloud software is available for the client to use 24/7-24 hours a day, 7 days a week - with a minimum uptime of 95% per year. The 5% of downtime is caused by maintenance work or faults occurring. Maintenance work Maintenance work may lead to Cloud software not being available to the client. The following kinds of maintenance are distinguished: General maintenance work initiated by Sensus-methode B.V. that leads to the Cloud software not being available to any customer, such as Cloud server maintenance. Such general maintenance work is performed a maximum of 6 times a year and Cloud software will then be unavailable to the client for no more than 1 working day. The client will be notified by of scheduled maintenance work at least 2 working days in advance and it will also be announced on the Cloud website. Maintenance work performed on the initiative of Sensus-methode B.V. and that is performed specifically for the client, such as the installation of a release update. This kind of maintenance will be scheduled 3 times a year in consultation with the client, while the Cloud software will consequently be unavailable to the client for a maximum of 1 working day. Maintenance work performed at the request of the client, such as changes to the software used by the client. This kind of maintenance will be scheduled in consultation between Sensus-methode B.V. and the client, while possible downtime will depend on the scope of the maintenance. Sensus-methode B.V. shall always endeavour to schedule maintenance work at weekends or at night between 6pm and 6am. Speed and response time Cloud facilities made available by Sensusmethode B.V. will have specifications that enable the client to realise a response time that is more than sufficient to be able to use

4 the Cloud software via the Internet, provided the software used by the client meets the specifications specified by Sensus-methode B.V., which specifications can be consulted at portal.sensus-methode.com. Sensus-methode B.V. can in no way be held liable for a failure to achieve acceptable response times if this is down to the client's infrastructure, internet service providers or other third parties. Memory usage Sensus-methode B.V. will make a maximum of 500MB of external memory per administration available for the client to use. Sensusmethode B.V. will, at the client's request, make additional external memory space available for a fee as specified in Sensusmethode B.V.'s price list. Security Sensus-methode B.V. uses a firewall, SSL certificates (HTTPS) and password protection to secure software and data against unauthorised access. All publications are equipped with token-based security. Sensusmethode B.V. uses a virus scanner to protect software and data against viruses, worm attacks and similar threats. Whenever updates with new virus information become available, Sensus-methode B.V. shall proceed to update the virus scanner during regular office hours as soon as it has an opportunity to do so given the availability of the Cloud server. Contingencies A contingency is defined as unavailability of the Cloud Server for use by the client via the Internet following non-functioning or incorrect functioning of Cloud facilities made available by Sensus-methode B.V. as a result of, for example, failure, fire or theft. In the event of a contingency occurring, Sensus-methode B.V. shall go to every effort to resume the Cloud services as quickly as possible, which shall, if possible, not be over five working days after the contingency occurring. A contingency comes under the definition of force majeure from the Liability section, meaning that Sensus-methode B.V. cannot be held liable for damage of any nature when a contingency occurs. Back-up and restore Sensus-methode B.V. shall back up software and client data once a day. Sensus-methode B.V. shall, whenever requested by the client, restore a back-up to the Cloud server within 1 working day. Services System and application management Sensus-methode B.V. shall take care of all activities in the area of system and application management for the Sensus BPM Cloud server, as required to be able to offer the Cloud facilities as per the service levels specified in this SLA, including maintenance, authorisation, back-ups and system monitoring. The client is responsible for installation, application management, updates and management of the local BPM Modeler application. Sensus-methode B.V. shall only provide application support for the latest release of its software. Connection issues between the BPM Modeler and Sensus BPM Cloud caused by technical infrastructure, firewall or inadequate installation or the wrong version of the BPM Modeler on the side of the client are not covered by this SLA. In the event of connection issues between the BPM Modeler and Sensus BPM Cloud server, the first step will be to analyse whether these issues are caused by the client's infrastructure. This analysis will be performed by actively

5 connecting to the Cloud server from Sensus' site and checking whether the Cloud server is fully functional. Cloud software failure handling The table below specifies response and repair times in the event of failures in the Cloud software. Response time is defined as the time between the moment a failure is reported to Sensus-methode B.V. and the first feedback to the client specifying a possible solution and expected repair time. Repair time is defined as the time between the moment a failure is reported to Sensusmethode B.V. and the moment it has been resolved. The hours specified in the table are Sensus-methode B.V.'s office hours; Sensusmethode B.V. has an 8-hour working day from 8.30am to 5pm. 1. Serious, obstructing execution of critical business processes. 2. Inconvenience caused in execution of day-to-day activities. 3. Non-urgent, of a cosmetic nature or causing occasional inconvenience. < 1 hour < 8 hours in 90% of cases < 24 hours in 10% of cases < 2 hours < 16 hours in 90% of cases < 40 hours in 10% of cases By appointment Help desk support Help desk support is available exclusively to trained and certified Sensus method users. Through the help desk, Sensus-methode B.V. offers Cloud software user support. Support is available over the telephone or through a data connection for all executive activities relating to the interaction between the user and the application, consisting of: explanation of and advice on the features and functioning of the Cloud software; analysis of problems, for example when the connection between Sensus BPM Cloud server and the BPM Modeler is not working, when error messages appear or when the Cloud software does not do what it is supposed to do. The help desk can be contacted between 8.30am and 5pm Monday to Friday, except on Dutch public holidays. Requirements for client's infrastructure To guarantee the quality of Sensus-methode B.V.'s services to the client, the client's infrastructure and security settings have to meet a number of requirements; these requirements are laid down in the Technical specifications and installation instructions document, which is available at portal.sensus-methode.com. If the client fails to meet the requirements specified in this document, the client shall not be able to lay claim to the service levels from this SLA. The client shall in such cases be charged for possible technical support at an hourly rate. Response and repair times specified in the table exclusively relate to failures in Cloud server software. Failures in other Cloud facilities or the BPM Modeler are considered to be contingencies. Cloud agreement fee structure and conditions General and fees The Cloud agreement's standard term is 12 months. The agreement shall automatically be

6 renewed by one year with the same provisions, clauses and/or terms and conditions, while prices will be those valid at the time. A monthly agreement is also an option (at extra cost). The following fees are applicable: The annual amount recorded in the Cloud agreement for the provision of Cloud facilities for web-based use of standard Cloud software (i.e. Sensus BPM Cloud server and BPM Modeler, excluding any customisation), associated system management and maintenance and firstline help desk support. The implementation amount specified in the Cloud agreement for implementation of the standard Cloud software. All other products and services, including customisation of standard Cloud software, shall be provided following arrangements with the client at a fixed price or based on actual costing. Sensus-methode B.V.'s current fees apply, unless stated otherwise in writing. Conditions and specification of the number of named users The annual Cloud fee specified in the Cloud agreement covers the following products and services: Provision of Cloud facilities enabling the client to make web-based use of the standard Cloud software specified in the Cloud agreement. System management and maintenance of the Sensus BPM Cloud server. First-line help desk support. The monthly Cloud fee shall be charged from the month following the month in which the client has signed the Cloud agreement. The monthly Cloud fee shall be charged in advance every two months during the term of the Cloud agreement and corrected annually in line with the price index figure published by Statistics Netherlands. A monthly Cloud agreement can be terminated as of one month after the end of the current month. The Cloud agreement shall specify the maximum number of named users per client administration, with every combination of account/user considered one separate user. Sensus-methode B.V. shall set up the Cloud facilities in such a way that at most the set maximum number of the client's named users can use them. If requested by the client, Sensus-methode B.V. shall extend the maximum number of named users within a time span of no more than 1 working day. Help desk support The annual Cloud fee specified in the Cloud agreement includes services recorded in this SLA of Sensus-methode B.V. and services are included based on the terms and conditions from this SLA, with a maximum of 4 hours, based on this term of 12 months. If the Cloud agreement is entered into on a monthly basis, the client shall be entitled to 0.5 hours of help desk support every month, based on the terms and conditions specified in this contract. Implementation fee The Cloud agreement specifies which services are required to enable the client to use the Cloud software, such as a preliminary study, project management, configuration and training. It also specifies the fee Sensus-methode B.V. will charge the client for these services.

7 First-line help desk support is defined as follows: Troubleshooting problems in internet communication between client and Sensusmethode B.V. caused by Cloud facilities made available by Sensus-methode B.V. Dealing with general questions about the functioning of the Cloud software, which firstline help desk staff can answer. Troubleshooting Sensus BPM Cloud server software problems. Second-line help desk support is defined as follows: Troubleshooting problems in internet communication between client and Sensusmethode B.V. caused by the client's infrastructure. Dealing with questions that specifically relate to the way in which the client uses the Cloud software and which can be answered only by second-line help desk staff. Additional criteria to distinguish between first-line and second-line help desk support can be agreed in the Cloud agreement. Warranty and Cloud software maintenance Standard Cloud software consists of Sensus BPM Cloud server and Sensus BPM Modeler (to be installed locally). Warranty The warranty is defined as the resolution of faults in the standard Cloud software or restoration of functionality when the software is not consistent with the (paper or electronic) manual provided by Sensus-methode B.V. The warranty on standard Cloud software is included in the annual Cloud fee. New releases At least once every two years, Sensus-methode B.V. shall issue a new release of the standard Cloud software, which shall include technical improvements. When new releases are issued is wholly at the discretion of Sensus-methode B.V. and Sensus-methode B.V. shall consult with the client on when the client will start using a new release. The client is required to start using a new release no later than 4 months after Sensus-methode B.V.'s first request to that effect. The annual Cloud fee includes: installation, conversion and delivery of a new Sensus BPM Cloud release. The following shall be covered by the client: customer support that may be needed in rolling out a new BPM Modeler release. Invoicing shall be based on actual costing at the rates valid at the time. Cloud customisation The client is required to enter into a maintenance contract for the maintenance of Cloud customisation, under which the client shall pay Sensus-methode B.V. an annual maintenance fee. This maintenance contract shall cover the following warranty and maintenance work. Warranty The warranty is defined as the resolution of faults in the customised Cloud software or restoration of functionality when the software is not consistent with the description of the customisation provided by Sensus-methode B.V. The warranty on customised Cloud software is included in the maintenance contract. New releases New releases of standard Cloud software that Sensus-methode B.V. issues may also require changes to the customised software used by the client. The client shall be charged for such changes as follows. The maintenance contract includes: functional and technical designing /

8 redesigning of required changes to the customisation; programming and testing these changes; installation and delivery. The client shall be charged, based on actual costing, for the following work performed at the rates valid at the time: conversion of data relating to the customisation; customer support required in rolling out changed software. New versions If the client opts to start using a new version of the Cloud software, the existing customisation will have to be integrated into the new version. The client shall be charged for this as follows. The maintenance contract includes: programming and testing integration of customisation into the new version; installation and delivery of the new version. The client shall be charged, based on actual costing, for the following work performed at the rates valid at the time: functional and technical designing/redesigning, programming and testing of customisation if its functioning will need to change substantially; conversion of data relating to the customisation; customer support needed upon delivery.