VISIONAPPSTER ENTERPRISE SERVICES SLA

Last updated: July 3, 2019

VisionAppster provides the following guarantees for the availability of VisionAppster Enterprise Services for the Enterprise Tier Users.

1   IMPORTANT

If VisionAppster does not meet the Service Levels for VisionAppster Services as described in this SLA, then User may, as a sole remedy, be eligible for a Service Credit Refund (“Refund") as set forth in this SLA. VisionAppster may update or alter this SLA subject to its sole discretion. New version of the SLA shall be available in the User's Cloud Account, which VisionAppster shall make available for the Users in minimum 30 days prior to the effective date of such change. Thereafter, the change shall automatically be effective. After the change of the Terms, the User must agree to the new Terms to be able to use the VisionAppster Support Services. If the User does not agree to the new Terms, the User is not allowed to use the Support Services.

VisionAppster guarantees that the Monthly Uptime for different VisionAppster Services is as follows:

Service Service Level promise
VisionAppster Cloud 99,9 %
VisionAppster Store 99,9 %
Forum Support 99,9 %
Cloud Engine 99,9 %
Online Storage 99,9 %
Online Viewer 99,9 %
Online Builder 99,9 %
Contact Person 99,9 %

However, this Service Level promise does not include any downtime, repair or maintenance work scheduled and announced by VisionAppster in advance.

"Monthly Uptime" for VisionAppster Services is calculated as total time in a purchased Support Service period less the time that the VisionAppster Service in question has been unavailable for the User to Use.

2   CLAIMS

For a claim related to aforementioned VisionAppster Services, the User is obliged to provide the claim within thirty (30) days of the end of the billing month in which the incident that is the subject of the claim occurred.

We will evaluate all information reasonably available to us and make a good faith determination of whether Refund is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Refund. If we determine that a Refund is owed to you, we will apply the Refund to your monthly service fees.

3   REFUND

The User may be justified to get a Refund for the possible downtime as follows:

If the Monthly Uptime is:

99,8% – 99,89% one hundred (100) euros
99,7% – 99,79% two hundred (200) euros
99,6% – 99,69% three hundred (300) euros
99,5% – 99,59% four hundred (400) euros
99,4% – 99,49% five hundred (500) euros.

The maximum amount of Service Credit the User can be justified in one Support Service Period is five hundred (500) euros.

4   USER'S RESPONSIBILITIES

The User is obliged to provide all necessary information for VisionAppster to examine and validate the error claim, including but not limited to:

(i) detailed description of the occurrence and the User's attempts to solve the error or problem at the time of the incident;

(ii) information concerning the Downtime (duration and time of the occurrence);

(iii) the number of affected Users and their locations;

(iv) other information reasonably requested by VisionAppster.

Unless otherwise agreed with the User in the electronic order form or otherwise, VisionAppster Cloud Support Services includes following Online Support Services, which the User may utilize upon registering to VisionAppster Cloud, creating VisionAppster account, by accepting VisionAppster Cloud General Terms and these Terms and other service specific terms, as may be applicable. Availability of different Support Services and possible costs thereof shall be subject to User's subscription and Tier, as further described in service specific site and User Manual.

5   LIMITATIONS

This SLA and any applicable Service Levels do not apply to any performance or availability issues:

(i) Due to factors outside our reasonable control (included but not limited to war, acts of government, export regulations, acts of terrorism, natural disasters, fire and explosions);

(ii) Resulting from the use of services, hardware, or software not provided by us, including, but not limited to, errors resulting from insufficient bandwidth or related to third-party software or services, or combining VisionAppster Cloud with services, hardware, or software not provided by us (including but not limited to Components purchased from VisionAppster Store);

(iii) Caused by User's use of VisionAppster Cloud Services after VisionAppster has prompted User to alter its use of the Service, if the User did not alter its use as prompted;

(iv) Resulting from User's unauthorised action or lack of action when required, or from User's employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from User's failure to follow adequate security practices;

(v) Resulting from User's failure to comply with any required configurations, use supported platforms, follow any policies for acceptable use, or User's use of the VisionAppster Cloud in a manner inconsistent with purposes of the VisionAppster Cloud set forth in the applicable Terms, User Manual or any other guidance provided by VisionAppster;

(vi) That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);

(vii) That result from User's attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behaviour;

(viii) For licenses / services that are unpaid at the time of the incident.