Service Level Agreement (SLA)

Article 1. Definitions

• “Available”, “Service availability” and “Uptime”: periods when the Customer has unrestricted access to the Platform, subject to the exclusions defined under “Downtime” below.
• “Business days”: Monday to Friday, excluding Belgian public holidays.
• “Business hours”: from 9:00 a.m. – 5:30 p.m. CET/CEST on Business days.
• “Downtime”: the total number of minutes during which the Customer cannot access the Platform.
  The calculation of Downtime excludes time that the Customer is unable to access the Platform due to any of the following: Scheduled downtime; customer’s own internet service provider; Force majeure event as defined in the Agreement; any systemic internet failures; any failure in the Customer’s own hardware, software or network connection; customer’s bandwidth restrictions; customer’s acts or omissions; any event occurring at a third party on which Optimy relies to provide its service; anything outside of the reasonable control of Optimy.

• “Emergency maintenance”: any Maintenance by Optimy for which the Customer has less than 5 (five) Business days advance notice. Optimy may schedule emergency maintenance if it is deemed necessary to avoid any immediate threat to the environment or Customer sites.
  Maintenance notifications shall be sent to the Customer’s support contact as defined by the Customer.
• “Maintenance”: the activity to investigate and resolve services issues and to correct bugs, as a result of which the Platform may be unavailable.
• “Maintenance notifications”: communication from Optimy, via an email to the Customer’s designated support contact, regarding the date and time that Optimy intends to make the Platform unavailable.
  The Customer understands and agrees that there may be instances where Optimy needs to interrupt the Platform availability without notice in order to protect the integrity of the SaaS due to security issues, virus attacks, spam issues, or other unforeseen circumstances.
• “Maintenance time”: the time period during which the Platform may not be available so that Optimy can perform routine maintenance as needed to maximise performance.
• “Persons authorised to issue instructions” and “Customer’s support contact”: a main and backup representative of the Customer, responsible for receiving communications from Optimy and authorised under the Data Processing Agreement, to issue instructions. Optimy must be informed promptly, at least by email, in the event of personnel changes, including when staff leave or change roles.
• “Recovery”: the activities to restore availability to the Platform by restoring a backup snapshot of the Platform.
• “Regular maintenance”: Maintenance performed as Optimy strives to ensure the highest level of availability for all Customer sites. To do so, Regular maintenance may require Optimy to take systems offline for brief periods of time in order to implement updates, releases, or changes.
  Optimy reserves the right to carry out Regular maintenance once per week, outside of Business hours.
• “Resolution”: the activities of investigating the reasons of a partial unavailability of the Platform, and to restore the Platform to a full availability.
• “Response time”: the time period between the receipt of a request by Optimy’s Support team and the acknowledgement sent to the Customer. When acknowledging receipt, the Support team ensures that action is being taken by Optimy to resolve the request.
• “SaaS”: Software as a Service.
• “Scheduled downtime”: the downtime for Scheduled maintenance.
• “Scheduled maintenance”: Maintenance which occurs when Optimy detects an issue in the Cloud environment of the Platform that requires action to avoid unscheduled Maintenance in the future.
  Optimy reserves the right to schedule extended Maintenance of the Platform Cloud environment impacting the availability of the Services. In such a case, Optimy shall give the Customer a five (5) Business day notice unless certain circumstances preclude Optimy from doing so, such as an external vendor issuing a change control to Optimy with less than 5 Business day notice.
  All Scheduled maintenance shall take place outside of Business hours.
• “Support team”: Optimy’s employee(s) in charge of helping and assisting the Customer when an issue arises that affects the normal use of the Platform. 

Article 2. Availability, Response, Resolution and Recovery

2.1. Service availability

2.1.1. The Availability of the Platform is calculated based on the following formula:

Where:

• A stands for the Availability (as %);
• T stands for Total monthly minutes;
• M stands for Scheduled downtime & Emergency maintenance;
• D stands for Downtime.

2.1.2. Optimy uses its best efforts in order to ensure 99.90% service availability for all its applications and servers.

2.1.3. Optimy uptime is monitored live by an external and neutral provider.

2.1.4. The Customer can follow the Uptime live and access different statistics online using the following URL link https://status.optimy.com/.

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2.2. Incident Priority, Response Time, and Remediation plan

The Response time by the Support team shall depend on the priority for resolution (High, Medium, Low) assigned by the Support team to the Customer's request.

Priority levels, associated Response time and remediation plan are defined as follows:

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2.3. Recovery

2.3.1. In case of a ‘High’ priority incident, and under extreme circumstances where no other action can be considered, Optimy may decide at its own discretion to apply a full recovery of the Platform, by restoring a backup snapshot.

2.3.2. In case Optimy has to proceed to such an extreme action, Optimy shall notify the Customer but cannot grant that such a notification shall be done prior to the recovery.

2.3.3. The Customer is aware that data gathered over a limited period of time can be lost in case a recovery is conducted after a High priority incident. That period shall not exceed 24 (twenty four) hours.

Article 3. Customer responsibility and obligations to cooperate

It is the Customer’s responsibility to meet the following obligations, at no cost to Optimy. The Customer shall:

• Have an internet connection with adequate bandwidth;
• Use an internet browser in accordance with the Platform minimum requirements;
• The Customer is entitled to name up to 2 (two) employees by email, with names and contact data for verification, who can contact the Support team via the Support Help Desk provided by Optimy. The Customer must inform Optimy immediately of any change in the named employees. The list shall be kept up-to-date by the Customer;
• Provide Optimy with up-to-date information on the Persons authorised to issue instructions;
• Report promptly all incidents or issues to the Support Help Desk, not more than 30 (thirty) days after the incident;
• Use anti-virus software with virus definitions updated daily at a minimum;
• Make every effort to be available to Optimy during the resolution of a service-related incident or a request.

Article 4. Support contacting process

4.1. The Customer can find answers to questions and raise problems faced through the following channels:

• Questions regarding the usage of specific features can be answered using the HelpCenter.
• Any issue can be raised by sending an email to support@optimy.com.
• The Customer is also entitled to a dedicated Customer Success Executive speaking either English, French, German or Italian, who can assist the Customer during the implementation period of the Platform, and who can provide the Customer with support for the duration of the Agreement.

4.2. When the Customer faces an issue, the following information is required for Optimy’s Support team to begin resolution:

• Project identification number;
• Project owner and email address;
• Name of the form;
• Dates when the specific issue took place;
• Print screen or videos illustrating the question, or the technical problem;
• The impact of the issue on the Customer’s daily operations (priority);

• Any other information that could help the Optimy Support team to assist the Customer.

Article 5. Maintenance

5.1. Optimy constantly analyses the Platform to find potential for improvement, enhanced security, expanded functionality, and greater user-friendliness. Suggestions by the Customer shall be analysed and incorporated into the functionality of the Platform at the discretion of Optimy.

5.2. Enhancements of the Platform shall be made available to the Customer from time to time. All functionality added by a release shall be governed by the terms of this SLA and included in the subscription costs.

5.3. In the event of a software fault, the Customer can contact support@optimy.com under the conditions defined above.

5.4. If a security vulnerability is found which does not constitute a defect, Optimy shall make every reasonable effort to fix the vulnerability on all affected releases within the limits of its operational capability.