Apliqo SLA

Owned by Ada Trajer
Aug 28, 2023
4 min read

SERVICE LEVEL AGREEMENT (SLA)

SPECIFICATION OF THE MAINTENANCE SERVICES

APLIQO AG

1. Definitions

1.1 Whenever used in this SLA with an initial capital letter, the terms quoted and defined in this Section 1, whether used in singular or the plural, shall have the meanings specified below. They supplement the definitions of the End User Agreement (EUA).

“1st-Level Support” means technical support for the Software and/or SaaS provided by Apliqo to the Customer’s named administrator users during Business Hours, provided a valid Proof of Entitlement exists.

“2nd-Level Support” means the support for the Software and/or SaaS provided by Apliqo’s expert development team to the 1st-Level Support team during Business Hours provided a valid Proof of Entitlement exists.

“Business Hours” means weekdays from 8am to 5pm (CET), excluding public federal, cantonal and communal holidays in Zurich, Switzerland.

“Apliqo” means Apliqo AG, Switzerland.

“Customer” the party procuring Software and/or SaaS from Apliqo for which Apliqo is providing Maintenance as agreed hereunder.

“Defect” means substantial non-conformance of the Software and/or SaaS with the agreed specifications.

“EUA” means the end user agreement concluded by the parties and stipulating the terms for licensing the Software and/or accessing the SaaS.

“Maintenance” means installation and/or technical support for the Software and/or SaaS.

“Proof of Entitlement” is a certificate issued by Apliqo to Customer stipulating the Software and/ or SaaS.

“SaaS” means the software as a service (cloud service) provided by Apliqo to Customer under the EUA.

“SLA” means this service level agreement.

“Software”: means the software (sub-) licensed by Apliqo to Customer under the EUA.

“Update/s” is an updated version of the Software and/or SaaS, which may contain bug-fixes, new functions and/or new releases at Apliqo’s discretion.

2. Service Levels

2.1 Apliqo shall provide Maintenance to Customer during Business Hours. Maintenance may include Updates if and to the extent agreed.

2.2 Any Defects shall be reported by Customer in writing using Apliqo’s support functions (e.g. ticketing tool).

3. 1st-Level Support

3.1 Apliqo shall provide 1st-Level Support for the Software and/or SaaS to Customer’s named users as follows:

a. by initial installation and troubleshooting during the warranty period, if and as applicable, of the Software and/or SaaS;

b. by accepting individual service tickets from the Customer’s named administrator users.

4. 2nd-Level Support

4.1 Apliqo shall procure 2nd-Level Support for the Software and/or SaaS to Customer’s named users as follows:

a. receiving of the complete problem-solving enquiry from 1st-Level Support;

b. testing, reconstructing and dealing with the problem;

c. developing of a solution;

d. documenting of the procedure adopted and solution;

e. collaborating with development for the Software and/or SaaS as necessary.

4.2 Apliqo shall react to 2nd-Level Support requests within twelve (12) hours from receipt of such support request.

4.3 Support requests that relate to Updates, shall be remedied in a subsequent Software and/or SaaS version. Apliqo’s licensor may also opt to roll-back the Software and/or SaaS to the previous release version within twenty-four (24) hours after the first reaction.

5. General

5.1 Any general terms and conditions of Customer are explicitly excluded, even if referenced or linked in Customer’s purchase order (or similar confirmation).

5.2 Both parties agree not to disclose the terms of this SLA to a third party without the other party’s prior written consent, except a) to accountants, lawyers or other professional advisors under a confidentiality agreement; or b) as required by law, provided the disclosing party gets all available confidential treatment to protect such terms.

5.3 Neither party shall be liable for any failure or delay in the performance of its obligations under this SLA if such failure or delay is due to a force majeure event, such as without limitation, acts of God, fire, flood, natural catastrophe, power surges, acts of any government or of any civil or military authority, national emergencies, riots, vandalism, terrorism, war, insurrection, strikes, or any occurrence beyond the reasonable control of such party.

5.4 Customer may not assign or transfer the SLA or Customer’s rights under it or delegate or subcontract Customer’s obligations to any third party, except to the Customer’s affiliates with Apliqo’ prior written consent which shall not be unreasonably withheld.

5.5 If any provision of this SLA is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired as long as the intent of the parties can be preserved. In such cases, both parties undertake to replace the invalid, illegal or unenforceable provision with another valid, legal and enforceable regulation. The same principle applies to open terms or omissions.

5.6 This SLA is governed by Swiss law, without regard to the conflict of laws provisions. The United Nations’ Convention on International Sales of Goods of 11 April 1980 (SR 0.221.211.1) does not apply. 5.7 Disputes arising under, or in connection with, this SLA shall be exclusively subject to the jurisdiction of the competent court of the city of Zurich, Switzerland.