Rspective grants to Customer under this Rspective Service Level Statement For Voucherify (the “Statement”), the Rspective Subscription Agreement (the “Agreement”) and the Plan the following Service Level for its Service Voucherify. Capitalized terms not defined in this Statement will have the respective meaning as set forth in Agreement.
Business Days - days from Monday to Friday except for statutory holidays applicable within the Republic of Poland
Coordinator - a person authorized by Rspective or Customer, responsible for current and correct performance of the Agreement; a change of the Coordinator by either Party shall not constitute an amendment to the Agreement
Error - an error causing malfunction of the Software
Failure - complete lack of availability of the Software for a time longer than 10 minutes; the Failure is also the Error
Force Majeure - an external and extraordinary event which could not be prevented by Rspective, in particular war, riots, civil commotion and acts of terrorism, hacker attack, natural disasters such as heavy storms, hurricanes, earthquakes, floods, damage caused by lightning strikes, prolonged heavy rainfalls, fires
Handling - Time maximum time calculated from Rspective confirming receipt of the Report until removing the Error or restoring the necessary efficiency of the Software as compliant with the Agreement; The Handling Time shall be calculated on the basis of Working Hours
Maintenance Break - a break in access to the Software planned and announced by Rspective, related to the necessity to carry out maintenance or modernization works
Operator - a hosting provider, that is Amazon Web Services EMEA SARL (38 Avenue John F. Kennedy, L-1855, Luxemburg) and salesforce.com EMEA Limited (Route de la Longeraie 9, Morges, 1110, Switzerland).
Problem - notice of Customer, related to the functioning of the Software, which may be improved or upgraded, or notice of the Customer in the form of a question related to the functioning of the Software
Report - a report indicating occurrence of the Error, which is registered and accepted for execution by Rspective within the Working Hours, except for Failures
Response Time - maximum time calculated from filing the Report in an appropriate and complete manner until assigning the Error to a category and undertaking measures to resolve the Error; the Response Time shall be calculated on the basis of Working Hours
SLS - this statement which guarantees of the quality level of the services rendered by Rspective through the Software
Software - software solution under the name “Voucherify”, that enables to generate vouchers, redeem them on mobile or web with client-side and backend Software Development Kits (SDKs)
Workaround - a solution applied by Rspective causing a reduction of the Error category, in particular enabling temporary execution of the business processes related to the Software, which, however, does not lead to removal of the Error
Workaround Time - time calculated from Rspective’s confirming receipt of the Report until delivering and applying the Workaround
Working Hours - time on Business Days from 8:00 a.m. to 6:00 p.m. in accordance with the time applicable within the Republic of Poland
1. Introductory information
- Rspective shall make every effort to ensure top quality of Service to Customer, and Rspective undertakes to carry out preventive measures to extend the time of uninterrupted Software operation.
- This SLS shall be guaranteed during Rspective’s performance of the Agreement. Rspective is entitled to changes in the Service Level, especially due to updates of the Service. Customer is notified of substantial changes in the Service Level and in case of substantial changes entitled to withdraw from the Agreement within the termination periods of Section 5 of the Agreement.
- Customer acknowledges that the hosting service is rendered for the account of Rspective by a third party—the Operator. Due to this relation, this SLS may not impose on Rspective any liability in the scope beyond that prescribed in the SLS applicable to services rendered with regard to the Software by the Operator.
- In particular, Rspective shall not be held liable for any Failures, Errors or other malfunction of the Software resulting from malfunction of the hosting.
Customer may contact Rspective regarding the Service Level via support contact form.
3. Service level
- Pursuant to this Statement, Rspective warrants that the Software shall be available in 99% in each month of the term of agreement concluded by the Parties based on and in accordance with the Agreement.
- Rspective will make every effort to provide a stable and powerful Service in cooperation with service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works can occur and do not constitute a defect of Service. No guarantee of Rspective shall be given for the absence of viruses or any other harmful components of the Website or Rspective’s software.
- While assessing the fulfilment of the quality parameters specified in Section 1 above such events and their effects shall not be taken into account which are connected with: malfunction of websites external towards the Software which remain beyond Rspective’s control; problems caused by loss of data attributable to Customer; unauthorised interference of Customer or third persons with the Software; events of Force Majeure; Maintenance Break.
- If a break in the continuity of the Service other than described in this point 3.3. shall be longer than 24 hours, billing period within which the break in the continuity occurred shall be prolonged for the time equal to the duration of break without any additional charges.
4. Error reporting
- The Reports of Error or the Problem shall be filed under the Contact listed in Section 2 of this SLS, and shall include at least: (a) indication of the type of service/functionality to which the Report refers, (b) time of occurrence of the Error or the Problem (c) description of the Error or the Problem with an example of received results – screens or API response, (d) place of occurrence of the Error or the Problem – whether it is API, Voucherify, Dashboard, mobile app with indication whether it is iOS or Android system (e) inputs disclosed while accessing particular operation, with a proviso that lack of any of the abovementioned pieces of information shall not render the Report ineffective. Nevertheless, an incomplete Report or Report filed to the wrong e-mail address may need more time to be considered or may prolong the Response Time.
- The receipt of the Report shall each time be confirmed in the form of an e-mail sent to the e-mail address indicated by the Customer in the Report referred to in clause 4.1 above. In the receipt confirmation the Coordinator shall indicate whether the subject matter of the Report was classified as a Problem or Error, and if it applies, to which category the Error was assigned.
- In the event of a Problem, Rspective undertakes to response within 2 (two) Business Days.
5. Categories of errors and response/handling time
- Pursuant to this SLS, any Errors related to the Software operation shall be classified into the following categories:
prevents normal operation of the Software, while Software’s basic functional requirements are not met.
an error not included in A category which renders the operational capacity of the Software limited, while the basic functional requirements are met, or there are alternative solutions available.
an error not included in A or B categories which does not limit the operational capacity of the Software, but prevents smooth operation of the Software
- Rspective’s Response and Handling Time in the case of Errors reported by the Customer shall be accordingly:
Error category / Response time / Handling Time
A / 1 hour / 4 hours
B / 2 hours / 12 hours
C / 24 hours / ---
- If it is not possible to repair the Error within the Handling Time for the relevant Error category, then the Parties allow the possibility to apply the Workaround, whereby such application of the Workaround shall not exclude the Rspective’s obligation to repair the Error. The application of the Workaround shall result in reduction of the Error category, whereby the Handling Time for such Error upon application of the Workaround shall be calculated from the time of filing the Report. The Workaround shall not be applicable in the case of C-category Error.
6. Maintenance breaks
- For the purpose of carrying out maintenance or modernization works, Rspective reserves the possibility of Maintenance Breaks in access to the Software.
- Rspective shall each time notify Customer on the schedule of planned Maintenance Breaks in access to the Software. Rspective undertakes to notify Customer on a planned Maintenance Break within a period not shorter than 72 hours before the date on which the planned Maintenance Break is to take place.
- Rspective undertakes that the Maintenance Breaks shall be no longer than 60 minutes, and shall only be carried out between 1 am and 5 am (CET) at night.
- Rspective shall not be held liable for breaks in the availability of the Software services caused by maintenance works carried out by the Operator and with regard to which the Operator failed to notify Rspective.