Service Level Agreement

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Service level agreement

Last updated: September 2020

This Service Level Agreement (“SLA”) is provided to Company in connection with its execution of the Mono Solutions Software as a Service Agreement (the “Agreement”), of which it forms a part. Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.

This SLA sets forth the terms upon which Mono will provide Company an acceptable level of availability and performance of the Solutions.

Section Overview

1. Scope of Agreement

Table 1, Vendor Provided Services in scope of this SLA

(1a) Hosting Facility Service
(1b) Operations/Monitoring Services
(1c) Application Administration and Software Maintenance/Upgrade Services
(1d) Problem Management/Company Support Service

Table 2, Service Items

2. SUPPORT SERVICE LEVELS – HELPDESK

3. PROCEDURE FOR INCIDENT REPORTING

Table 3, procedure for reporting incidents (bugs)

4. PROCEDURE FOR ESCALATION

5. SEVERITY LEVELS

Table 4, severity level definitions

6. RESPONSE TIMES

Table 5, Response times

7. AVAILABILITY & PERFORMANCE SERVICE LEVELS

1. Scope of Service Level Agreement

Mono will provide Company with application, infrastructure, and operational support for Solutions.

This SLA shall be operative throughout the Term of the Agreement, unless otherwise set forth herein or in the Agreement.

Mono shall have responsibility to the following Solutions, whether provided directly by Mono or by a third-party vendor engaged on behalf of Mono to provide such portion of the Solutions (in whole or in part):

Table 1: Mono Provided Solutions Subject to this SLA:

SERVICE	Included
Hosting Facility Service (1a)	Yes
Operations/Monitoring Services (1b)	Yes
Solution Administration and Software Maintenance/Upgrade Services (1c)	Yes
Problem Management/Company Support Service (1d) – see further specification of Service Items in table 2	Yes

(1a) Hosting of Solutions:

Mono will host the Solutions in a managed server environment in accordance with the service levels set forth in the "Service Levels" section.

Mono may use 3rd party hosting providers such as but not exclusively Amazon Web Services (AWS) to host the solution and websites.

Mono generally allows free traffic on all Sites hosted through the Solutions. Notwithstanding the foregoing, Mono reserves the right to (i) discontinue the provision of the Solutions, (ii) to place a limitation on the bandwidth used by or otherwise limit or circumscribe access to any Site, and/or (iii) to remove any Company Data from a Site, in the event such Site is exploiting the general availability of free traffic, otherwise placing a disproportionately large load on Mono’s servers, or as necessary to prevent security breaches of the Solutions to such Site or the Solutions. Under no circumstances shall Sites be used for external storage of large quantities of files accessible for free download or streaming services. Sites are intended to be used as a display-area or sales-window for real, physical, and legally accountable businesses and people.

Mono is not responsible for any problems due to server malfunctions to the extent such servers are the responsibility of Company.

Third Party Services are specifically excluded from this SLA and service level commitments with respect to such Third Party Services, if any, shall be set forth in the Third Party Service Terms.

(1b) Operations/Monitoring Services:

Mono regularly and actively monitors the Software and Solutions, ensuring that they are available and accessible to the Company. This includes:

Data center operations and network operations (including ensuring that the Solutions have suitable Internet connectivity (when hosted by Mono as opposed to the Company);
Server monitoring (including disk space, memory and CPU utilization) via hardware and software tools;
Electricity (including UPS), other utilities, and environmental conditioning.
Informing the Company of any issues, errors, malfunctions or bugs that result in the Solutions becoming unavailable in contravention of the Service Levels set forth herein. Notifications in relation to disturbance or unavailability of the Solutions will be published on the online status page: http://www.mono-status.com.
Restoring the availability of the Solutions in the event of any malfunctions to Software and/or Technology under Mono’s control.

(1c) Solution Administration and Software Maintenance/Upgrade Services

Solution administration and Software maintenance / upgrade services include the following:

Network and equipment maintenance (including replacements and spares) for the Solutions.
Installation, maintenance, and support of server operating system, web server software, and all utility support software (including upgrades, service packs, and security patches).
Server capacity planning including software and hardware upgrades to meet capacity needs.
Database administration and database performance tuning.

(1d) Problem Management/Company Support Service

Mono shall provide Company support service (the "Support Service") for the investigation and rectification of bugs and Software/hardware malfunctions of the Solutions in accordance with the Service Levels set out in this Agreement in table 2, Service Items:

Table 2, Service Items

SERVICE ITEM NAME
Online Support (2nd or 3rd level) through the ‘Helpdesk’	Jira Service Desk
Error Correction	Included
Customizations in configuration or functionality	Excluded unless specifically agreed in Contract
Response Times for Support Issues	See Table 5, Response times

Support Services do not include the following:

Direct Contact with Customers (1st and 2nd Level Support) including response to calls from Customers (1st and 2nd Level Support);
Efforts relating to independently solve problems and address questions raised by Customers, which may be answered by consulting the technical information and/or educational materials provided by Mono and requirements set out in the EULA Requirements, including but not limited to platform and browser specifications;
Enhancements, developments or additional modules designed to add capabilities and/or features to the Solutions undertaken by anyone other than Mono, including without limitation, the addition of javascript, html and/or custom CSS). Software/hardware malfunctions due to a correction, alteration or modification of the Solutions not provided by Mono and/or malfunctions due to the combination of the Solutions with other software and/or hardware not provided by Mono.
Software/hardware malfunctions due to the occurrence of any event of Force Majeure;
Software/hardware malfunctions due to electrical power fluctuations or failures or other environmental problems;
Software/hardware malfunctions due to the neglect or misuse of the Solutions or other failure to comply with the instructions set forth in the API Documentation or otherwise provided by Mono, including as set forth in the Agreement and the EULA Requirements;
Software/hardware malfunctions due to the failure to promptly install the right browser version in accordance with the EULA Requirements; or,
Software/hardware malfunctions due to a malfunction of the Customer’s platform as specified in the EULA Requirements.

2. Support Service levels - Helpdesk

The Company shall have access to an incident management system chosen by Mono (JIRA SERVICE DESK). All incidents (bugs and Company Input for future development) shall be reported, and handled in the incident management system as instructed by Mono.

The incident management system will be open for reporting 24 hours a day, 7 days a week, 365 days a year, including official holidays, subject to occasional updates and service windows from time to time.

Normal Business Hours for the Helpdesk are:

North and South America: 09 AM to 5PM EST – Monday to Friday*
Europe, Middle East and Africa: 09 AM to 5PM CEST – Monday to Friday*
Asia: 09 AM to 5PM CEST – Monday to Friday*

*excluding bank holidays and other public holidays.

Incidents must be reported according to the procedure and documentation-level defined by Mono (See Section 3, Procedure for Incident Reporting).

When reported according to the correct procedure by the Company, incidents will be classified by the Helpdesk after severity according to the definitions set forth in table 3, Severity Levels.

Outside of normal business hours, incidents classified at Severity Level: Blocker or Critical will receive due attention in accordance with the timeframes set forth in table 5, Response Times. All other incidents and Severity Levels reported outside normal business hours via Mono’s incident management system will be logged and addressed in due course during the Helpdesk´s normal business hours.

3. Procedure for incident reporting

The Company's point of contact will endeavor to determine the source of the error and make all reasonable efforts to recreate and document the error thoroughly.

If the Solutions and/or Software are the source for the error condition, the Company's point of contact will immediately submit an incident report to Mono containing a description with enough relevant information for Mono to able to troubleshoot the issue. The procedure for incident reporting and the information required to submit a complete incident report is summarized in table 3, Procedure for Reporting Incidents (Bugs).

Mono will respond to the initial incident report received from the Company with a receipt and acknowledgment of the error and either accept the severity level or change it to the appropriate severity level (according to the definitions set forth in table 4, Severity Levels) within the time periods specified in the table 4, Response times.

Mono will start work within the timeframes set out for each severity level in Section 6, table 5 Response times.

TABLE 3, PROCEDURE FOR REPORTING INCIDENTS (BUGS)

Step	Action	Responsible
1	Investigate error. This should always include: 1) Analyzing the cause of the error and testing if the issue is occurring for a specific Site only or is a general issue across accounts and multiple Sites. 2) Consulting available documentation on how the Software and Solutions are intended to work. 3) Gathering all relevant details about the issue.	Company
2	Report incident (BUG). This should always include: 1) Raising a ticket in the Incident Management System (JIRA Service Desk). 2) Providing a summary of the BUG 3) Providing details of the problems. 4) Providing steps to reproduce the issue. 5) Providing information on expected behavior. 6) Priority 7) Site ID 8) Environment (Company account or system affected, e.g. Editor) 9) Attachments (Screenshot or the like showing the bug)	Company
3	1st response – Confirmation receipt Confirmation and receipt that the incident report has been received. It is now waiting in the Helpdesk queue.	Mono
4	2nd response - Acknowledgement / request for further information The incident report is confirmed and the incident has been or is being investigated by the Helpdesk. The severity level is either accepted or adjusted to the appropriate level. If more information is needed, the ticket request will be sent back to Company. After Acknowledgement, the issue is now waiting in the resolution queue per the SLAs in table 5.	Mono
5	Resolution - Closure The incident has been resolved by the Helpdesk and the Company is notified about the resolution and details of the resolution type in the ticket request.	Mono

Mono’s obligations under the procedures set forth above are conditioned upon the Company:

Giving notice of the error in question by the designated Point of Contact to the designated persons at Mono in accordance with the procedures set forth above;
Conveying an accurate description of the error, analyzing the cause of the error, re-creating (to the extent possible) the error and providing any error related information as may be required by Mono, as well as access (via direct link if necessary) for Solutions test and maintenance;
Providing information concerning the appropriate system configuration and reasonable access to the Company's personnel, premises, equipment, and expertise;

Mono is not responsible for any problems due to server malfunctions to the extent such servers are the responsibility of the Company.

4. Procedure for Escalation

Mono will manage the resolution of each error using the procedures described in Section 3.

The Company may request escalation where it reasonably believes that insufficient progress is being made to resolve an error according to the time tables and procedures agreed in the SLA.

The procedures and channels for escalation are:

1st escalation / request for status; Escalation directly to the Helpdesk (for example via Slack Channel if one has been made available for the Company). Any escalation should always include link-reference to a ticket in the Incident Management System (Jira Service Desk).
2nd escalation: E-mail to named Contact Person at Mono (Partner Success Manager or Partner Operations Manager). The escalation should always include link-reference to a ticket in the Incident Management System (Jira Service Desk) as well as the reason for the escalation.
Final Escalation: Email to COO or CEO with link-reference to a ticket in the Incident Management System (Jira Service Desk) as well as the reason for the escalation.

5. Severity Levels

The severity level (“Severity Level”) for any given error raised to 2nd Level (as defined herein below) will be determined by Mono in accordance with the following definitions:

TABLE 4, Severity Level Definitions:

Severity Level	Label	Definition*	Issue is characterized by	Examples
1	Blocker	The Solutions in their entirety are totally inoperative or inaccessible.	The Solutions are non-operational as a whole - AND; Affects all users/accounts/ Customer live Sites- AND; Immediate and severe commercial or operational impact.	Many Customer LIVE Sites are not responding. The Site editor or Reseller Admin Interface ( RAI) is completely inaccessible
2	Critical	The Solutions in their entirety are severely impaired.	A critical operational part of the Solutions is impaired in a way that severely impacts Company´s operations AND; It is affecting all or most users/accounts/ Customer live Sites AND; With potential for severe commercial impact AND; There is no alternative processing, fix or workaround.	A general experience of very slow response times or time-outs on Customer live Sites (many, not just a few). A business-critical process in RAI or the Editor is not working properly – e.g. Can´t create new Sites at all OR) Editor does not save any changes at all OR SSL´s across all accounts are not working.
3	Major	A general malfunction in the Solutions that causes urgent loss of a major functionality.	Affects many users/accounts/Customers; Impairs the Company´s workflow/operations in general Has Moderate commercial impact for the Company (beyond just one user/account/Customer)	The preview feature is not working Cannot upload assets to the Editor´s file library.
4	Minor	Malfunctions causing the loss of a few minor functions within the Solutions.	Affects one or more users/accounts/Customers Minor commercial impact on the Company's business The Solutions (in their entirety) is operative with some functions being broken/limited.	A general error in a module that impairs it´s intended functionality. A service issue with a limited number of Customer domains or SSL certificates.
5	Trivial	Malfunctions in the Solutions of cosmetic nature or insignificant business impact.	Causing a slight inconvenience No commercial impact on the Company's or its Customers’ businesses. Affects one (or a few) user/account/Customer A workaround or alternative fix/process exists	Letter Spacing Browser compatibility issue with a font or similar

*For clarity, with respect to all reported issue-types, no classification shall be assigned to issues arising from hardware, software or services for which the Customer is responsible, such as custom CSS Code or any Third Party Services.

6. Response times

Mono will start work within the timeframes for each severity level set out below in table 5 Response times. This is to: identify an initial work-around, temporary fix, or correct the error, within the time frames specified in table 5, or in the event the error reported is Minor or Trivial, notify the Company that the error reported is a known error and will be resolved in a future release of the Mono Services.

Table 5, Response Times

The following timetable depends on the hours being ‘Normal Business hours” as defined in Section 2 above.

SEVERITY LEVEL (as defined elsewhere)	Response
Action	Confirmation / Receipt within	Acknowledgement within	Resolution from Acknowledgement within (during business hours)
(1) Blocker*	10 min	60 min	4 hours*
(2) Critical	10 min	2 hours	6 hours
(3) Major	10 min	5 hours	36 hours
(4) Minor	10 min	12 hours	72 hours
(5) Trivial	10 min	24 hours	Next Major Release
Non-Error**	10 min	48 hours	N/A

* Blockers raised outside of Normal Business Hours requires that the Company accompanies the Blocker/Critical ticket by a notification to Mono via telephone at:

EMEA Regions: +45 78 75 95 10 

US Region: +1 720 605 5586

** Non-Errors can be questions, tasks, enhancement requests or other issues types than bugs. Resolution time is not applicable as it depends heavily on the type of request.

7. Availability & Performance Service Levels

The Availability Service Level (System Uptime) for each of the services measured (7.1) is 99.5% per calendar month. The availability of the Web Presence Solution shall be monitored continually by Mono.

7.1 Services measured:

7.1.1 Website
The published and thus public website built using the Mono website editor

7.1.2 Editor
The per-site administration interface

7.1.3 HAL
The provisioning API of Mono

7.1.4 RAI
The reselling admin interface of Mono

7.1.5 Scheduling
The scheduling API of Mono

7.1.6 E-mail Marketing
E-mail marketing product

7.1.7 Mono E-commerce
The E-commerce API

7.1.8 Customers
The customer API

7.1.9 Mono Maps
The Maps API

7.2 Severity and weighted impact
The severity of an incident affecting the availability of the system or services mentioned in 7.1 is defined as follows:

Major outage: The service is entirely offline for all users attempting to access the service.
Partial outage: The service is unstable, or performance is critically slow, potentially causing timeouts for all users attempting to access the service.
Degraded performance: Partial outage or Degraded performance: The service is functioning; however, some parts of the service are affected by sporadic performance issues (e.g. slowness).

Weighted impact is defined to determine how impacted a service is.

Major outage will count as a weighted impact of 100%.
Partial outage and Degraded performance, the weighted impact will be calculated based on the how many requests are affected - E.g., if 10% of traffic to websites fail and the remaining 90% of traffic is served without issues, then the weighted impact will be 10%. This measure will be based on statistical data.

7.3 Uptime and calculation of Impact

Uptime and impact of each services measured (see 7.1) is calculated as follows:

Service Level percentage X = ((A-B-(C*D))/(A-B)) * 100

Example: X= ((720-1-(0.2*0.25)) / (720-1)) * 100 = 99.993%

A	Total hours in a month (Example: 30 days x 24 hours = 720 hours)
B	Total planned & pre-announced downtime in hours (Example: 1 hour)
C	Total unplanned downtime in hours (Example: 0.2 hours)
D	Weighted impact in percent, see 7.2

7.4 Service Level Credits

Notwithstanding Exhibit 2, SLA penalties where 99.5% Availability Service Levels are not achieved for Websites only (7.1.1) in any calendar month during the term, Purchaser is eligible for a Service Level Credit on the further condition that the purchaser claims the credit in writing no later than 15 calendar days after the impacted month has closed:

Service Level Credit are calculated as follows:

Availability Service Level Achieved for websites (7.1.1) in Calendar Month	% Reduction of allocated Subscription Fees for websites (7.1.1) in the impacted month *
Under 95% Availability Service Level	20%
Between 95% and 99% Availability Service Level	12%
Between 99,0% and 99,5% Availability Service Level	5%
At or Above 99.5% Availability Service Level	None

* The reduction of fees is done pro-rate (allocated revenue), meaning that the percentual reduction of the yearly subscription fee will based on 1/12 of the yearly fee for the impacted month. Reduction is only relevant for impacted paid Website (7.1.1) subscriptions.

Under no circumstances shall the Mono Subscription Fees payable by Company to Mono hereunder be reduced by a total of more than 20% in any calendar month. Any reduction to Mono Subscription Fees shall be deducted in the following months invoice and be exclusive of any taxes payable with respect to the calendar month.

7.5 Exclusions and Exceptions
The Availability Service Level does not apply to any unavailability, suspension, or termination of Service, or any other Service performance issues:

that are caused by factors outside of our reasonable control, including any force majeure event or internet access or related problems such as DDOS events.
that result from any prohibited, negligent, or omitted actions of you or any third party;
that result from your equipment, software, or other technology and/or third party equipment, software, or other technology (excluding third-party equipment within our direct control); or
that arise from our suspension or termination of your right to use the Service in accordance with the Terms.
Third-party vendors.