SERVICE LEVEL AGREEMENT
Last updated: November 17, 2024
This Service Level Agreement ("SLA") is entered into between Weld Technologies ApS ("Weld") and You and forms part of the Terms of Service. This SLA sets out provisions on response and resolution times, availability, and service credits relevant to the Services provided under the Agreement.
DEFINITIONS
For the purposes of this Service Level Agreement:
- Business Day: A day which is not a Saturday, a Sunday, or a public holiday.
- Downtime: The total number of minutes in a calendar month during which the Services are unavailable or inoperable, excluding:
- Scheduled maintenance windows.
- Periods of unavailability caused by factors outside Our reasonable control (e.g., force majeure events or third-party outages).
- Periods specifically excluded under this Agreement.
- Monthly Uptime Percentage: A measure of the Services' availability during a calendar month, calculated as:
((Total Minutes in a Calendar Month - Downtime) / Total Minutes in a Calendar Month) * 100Where:
- Total Minutes in a Calendar Month: The total number of minutes in the applicable calendar month.
- Downtime: The total number of minutes the Services were unavailable, as defined under this Agreement.
The result represents the percentage of time the Services were operational and available during the month.
- Service Credit: Additional days of service added to the Subscription Period based on the criteria in clause 5.
- Service Availability Goal: The commitment to ensure that the Services are available and operational with an annual uptime percentage of at least 99.99%, measured over any calendar month.
SERVICE LEVELS AND SERVICE CREDITS
1. USE OF SERVICE LEVELS
1.1: The purpose of the service levels is to ensure that the Services are of a consistently high quality, delivered on time and meet the requirements set out in the Agreement. We are dedicated to making the Services easy to access and use and to providing you with the highest standards of service. This SLA formally sets forth Our commitment to ensure 99.99% uptime of the Services.
1.2: Service levels are measured, reported, and monitored by Us.
2. RESPONSE AND RESOLUTION TIME
2.1: We use commercially reasonable efforts to respond to and resolve problems within Our standard response and target resolution timelines set out below:
| Severity Level | Response Time | Target Resolution Time | ||||
|---|---|---|---|---|---|---|
| Basic | Premium | Priority | Basic | Premium | Priority | |
| Priority 1 - Critical | 1 day | 1 hour | 15 mins | 7 days | 2 days | 1 day |
| Priority 2 - High | 2 days | 1 day | 1 hour | 14 days | 5 days | 2 days |
| Priority 3 - Medium | 5 days | 2 days | 1 day | 30 days | 14 days | 5 days |
| Priority 4 - Low | 7 days | 2 days | 2 days | 60 days | 30 days | 14 days |
2.2: Unless otherwise agreed, response and resolution times apply during standard working hours (9 am - 5.00 pm CET) on Business Days only.
2.3: Weld assesses all incidents based on a number of factors including impact and urgency. Criteria for classifying severity levels:
| Priority | Description |
|---|---|
| Critical | A problem or issue has occurred that affects critical functionality or critical data and severely impacts business or service continuity and where no workaround is immediately available. |
| High | A problem or issue has occurred that affects major functionality or major data and moderately affects business or service continuity. Operations can continue in a restricted fashion, although long-term productivity might be adversely affected |
| Medium | A problem or issue has occurred with a limited adverse effect on business operations. |
| Low | A problem or issue where business operations have not been adversely affected. |
2.4: Failure of Us to meet the target resolution times shall not be deemed a material breach of the Agreement, provided that We use commercially reasonable efforts to meet such times.
3. AVAILABILITY AND UPTIME
3.1: We are committed to ensuring the Services are available and operational with an uptime percentage of no less than 99.99% (the "Service Availability Goal"), measured over any calendar month. This commitment is subject to the terms of this Agreement, including adherence to the Order Confirmation and the Terms of Service.
3.2: If the Service Availability Goal is not met in a given month, you may submit a claim by contacting us via: a) the in-app chat, or b) email at hello@weld.app. When submitting a claim, include: a) the nature of the issue, b) the duration of the downtime, and c) any affected users (if applicable). Claims must be submitted within three (3) months of the incident.
3.3: Upon receiving your claim, we will review its validity. If the claim is approved, we will issue a Service Credit as compensation. The Service Credit: a) will be applied to your next billing period or additional services, b) is not convertible to cash, and c) will be limited to a maximum of 50% of the applicable monthly service fees paid for the month in which the downtime occurred. Service Credits are your sole remedy for any failure to meet the Service Availability Goal and will be applied directly to your account as a credit toward future monthly service fees at your current subscription level.
4. SLA EXCLUSIONS
4.1: This SLA does not apply to services that are expressly excluded in the Terms of Service or to Downtime resulting from: a) outage of infrastructure provider, Third-Party Services or factors outside Our reasonable control as provided in the Terms of Service; b) Your or any third party's equipment, services, actions or lack thereof; and/or c) Our scheduled maintenance and version upgrades.
5. SERVICE CREDITS
5.1: Service Credits are compensation provided as free days added to Your current subscription term if We do not meet the Service Availability Goal. These credits aim to ensure fairness and acknowledge any inconvenience caused by service interruptions.
5.2: If We do not meet the Service Availability Goal, and if You meet Your obligations under the Terms of Service, including this SLA, You will receive Service Credits according to clause 5.3 below.
5.3: Monthly Uptime Percentage:
| Monthly Uptime Percentage | Service Credits |
|---|---|
| 100% - 99.99% | N/A |
| 99.98% - 99.50% | 1 day |
| 99.49% - 99.00% | 5 days |
| 98.99% - 95.00% | 10 days |
| Below 95.00% | 20 days |
5.4: Service Credits shall be the sole and exclusive remedy for a failure by Weld to meet the Service Availability Goal.
6. YOUR OBLIGATIONS
6.1: You must provide Us with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention and provide access to any staff or agents of Yours to cooperate with and assist Us as needed.
6.2: In order to receive the Service Credits or refunds described above, You must be current in all payment obligations, be in full compliance with the Agreement, and notify Us in writing within 30 days from the time You become eligible to receive a Service Credit or refund.
