Service Level Agreement for flair.hr SaaS-Solution

 

flair.hr:   Flair.hr GmbH c/o The BYRO Müllerstrasse 27 80469 Munich

Customer:   [Name of Customer] [Address]

 

This Service Level Agreement (SLA) is part of the SaaS-Agreement between flair.hr and the Customer stated above regarding the provision of the flair.hr SaaS-Solution based on flair.hr’s Terms and Conditions for SaaS and includes the service levels for flair.hr’s SaaS-Solution and standard support. Premium support is subject to a separate agreement.

Capitalized terms used in this Service Level Agreement shall have the meaning ascribed to them in flair.hr’s Terms and Conditions for SaaS or in this Service Level Agreement.

 

1. Availability

(a) Availability of SaaS-Solution

flair.hr offers a minimum availability of the SaaS-Solution of 99,5 % per year (hereinafter referred to as “Agreed Availability Time”).

“Downtime” shall mean the period between the beginning of the unavailability of the SaaS-Solution until the end of the unavailability of the SaaS-Solution. Downtimes due to reasons described in section 15.2. of the Terms and Conditions for SaaS shall not be taken into account.

The availability rate is calculated as follows:

(Agreed Availability Time - Downtime)

Agreed Availability time

 

(b) Service credits

If flair.hr fails to meet the Agreed Availability Time, flair.hr will issue service credits as outlined in the table below. Service credits are calculated as a percentage of the respective monthly Fee. Service credits can be applied to subsequent Fees.

Availability	Service Credit
99.50% - 100.00%	0 %
98.00% - 99.49%	5 %
95.00% - 97.99%	10 %
90.00% - 94.99%	35 %
Less than 90.00%	50 %

 

 

2. Support

(a) User helpdesk support hours

flair.hr will provide a user helpdesk during the following business hours (hereinafter referred to as “Support Hours”:

Monday to Thursday from 09.00 to 17.00 (CET/CEST),

Friday from 09.00 to 16.00 (CET/CEST).

User helpdesk is not provided on public holidays in Munich / Germany.

(b) User-helpdesk contact

Customer can communicate with user-helpdesk as follows:

E-mail: [email protected]

Customer Portal: https://flair.hr/de/support/

 

(c) User-helpdesk ticket processing

Customer can report any defect or request at any time via e-mail (hereinafter referred to as “Ticket”). flair.hr processes Tickets during Support Hours.

Any Ticket will be assigned to one of the following categories:

Category 1 (Defects)	Any request which is deemed to constitute a defect of quality or a defect of title, each within the meaning of flair.hr’s Terms and Conditions for SaaS
Category 2 (Support requests)	Any other support request, e.g., regarding user experience, functionalities, operational details

 

In case of an assignment to category 2, flair.hr may offer Customer additional support services in accordance with section 7.4 of the Terms and Conditions for SaaS. Additional support services are subject to flair.hr’s Terms and Conditions for Support and Additional Terms and are charged separately.

In case of an assignment to category 1, flair.hr’s user helpdesk will categorize any Ticket to one of the following defect classes:

Defect class	Consequences	Effect
Severity class 1	Shutdown	Defect in the proprietary software leads to the failure or unavailability of the SaaS-Solution as a whole
Severity class 2	Severe disability	Defect in the proprietary software leads to the failure of a significant part or individual essential functions of the SaaS-Solution and cannot be remedied by a workaround.
Severity class 3	Impairments, but essential operations continue	Customer can use the SaaS-Solution with limited functionality. Overall process is not at stake.
Severity class 4	Insignificant impairment	There is a workaround or Customer can take measures to workaround the defect.

 

(d) User helpdesk reaction times

flair.hr shall deliver workarounds, patches, bug fixes or other releases to rectify a defect of category 1 in accordance with the provisions of the Terms and Conditions for SaaS (hereinafter referred to as “Defect Rectification”).

 

The following non-binding reaction times shall apply:

 

Defect category	Response Time	Defect Rectification Time
1	2 [5 hours]	Immediately
2	1 working day	5 working days
3	1 working day	2 - 4 weeks
4	2 working days	n/a

 

“Response Time” means the time specified above in which flair.hr responds to Tickets depending on the defect category (e.g., by categorizing the defect or making an initial suggestion for rectifying the defect). The response time begins with the receipt of the defect report within service hours and only elapses during service hours. If the report is received outside the service hours, the response time starts at the beginning of the following service hour.

 

“Defect Rectification Time” means the time in which flair.hr carries out a defect rectification.

depending on the defect category.