Service Level Agreement
1. Overview
This Service Level Agreement ("SLA") outlines the terms and conditions under which Logiks Solutions Inc. and Logiks Solutions GmbH ("Provider") agrees to provide services to its users and partners ("Client").
2. Service Description
Provider shall provide access to its Software as a Service (SaaS) platform, including but not limited to [Describe key features and functionalities of your SaaS platform].
3. Availability
The guaranteed availability of 99.5% over the entire year means that the SaaS platform will be operational and accessible for at least 99.5% of the total hours in a given year. This level of availability ensures that the platform experiences minimal downtime and disruption to users.
The guaranteed availability of 99.5% over the entire year is measured from the internet connection point of the Provider. It is understood that any internet issues or disruptions occurring beyond the Provider's control, specifically on the route from the Client to the Provider's servers, are excluded from the calculation of uptime.
The Provider shall use commercially reasonable efforts to maintain its internal systems and network infrastructure to ensure optimal performance and availability of the SaaS platform. However, the Provider shall not be held liable for downtime or service interruptions caused by factors outside of its control, including but not limited to internet outages, network congestion, or hardware failures occurring beyond the Provider's network boundary.
However, it's important to note that even with a high level of guaranteed availability, unforeseen circumstances such as maintenance, upgrades, or technical issues may occasionally lead to brief periods of downtime.
In the event that the actual availability falls below the guaranteed 99.5%, the Provider will not be liable for damages or compensation to the Client. This clause essentially limits the Provider's liability for downtime that falls within reasonable parameters and does not significantly impact the Client's ability to use the platform.
The rationale behind this clause is to acknowledge that achieving 100% uptime is practically impossible due to various factors beyond the Provider's control. It also encourages realistic expectations from the Client regarding the platform's availability while allowing the Provider to focus on resolving issues promptly without undue legal repercussions.
4. Performance
Provider shall maintain reasonable performance standards for the SaaS platform, including response times for user interactions and data processing.
5. Support
Provider shall provide technical support to Client during as defined in Article Support. Response times and resolution times for support requests shall be as outlined in Article Office Hours & Response Times
6. Security
Provider is committed to maintaining the highest standards of security to safeguard Client's data and ensure the integrity and confidentiality of the SaaS platform. The following measures are implemented to achieve this objective:
Data Encryption: Provider employs industry-standard encryption protocols to secure data transmission and storage. All data transferred between the Client's devices and the Provider's servers is encrypted using secure encryption algorithms to prevent unauthorized access or interception.
Access Control: Access to the SaaS platform and Client data is strictly controlled and limited to authorized personnel only. Provider implements robust access control mechanisms, including user authentication, role-based access controls (RBAC), and multi-factor authentication (MFA), to ensure that only authorized users can access sensitive information.
Physical Security: Provider maintains physical security measures to protect its data centers and server infrastructure from unauthorized access, theft, or tampering. Data centers are equipped with advanced security features, including biometric access controls, surveillance cameras, and 24/7 security personnel, to safeguard physical assets and prevent unauthorized entry.
Data Backup and Disaster Recovery: Provider regularly backs up Client data and maintains comprehensive disaster recovery procedures to ensure data availability and integrity in the event of system failures, natural disasters, or other unforeseen events. Backup data is stored securely in geographically diverse locations to minimize the risk of data loss and facilitate timely recovery.
Vulnerability Management: Provider conducts regular vulnerability assessments and security audits to identify and address potential security vulnerabilities or weaknesses in the SaaS platform. Timely security patches, updates, and fixes are applied to mitigate known vulnerabilities and protect against emerging threats.
Security Incident Response: Provider maintains a formal incident response plan to promptly detect, respond to, and mitigate security incidents or breaches. In the event of a security incident, Provider will notify Client without undue delay and take appropriate measures to contain the incident, investigate the root cause, and prevent recurrence.
Compliance and Certifications: Provider complies with relevant laws, regulations, and industry standards pertaining to data privacy and security, including but not limited to GDPR, HIPAA, and SOC 2. Provider may undergo independent third-party audits and certifications to validate compliance with established security standards and best practices.
User Education and Awareness: Provider conducts regular security awareness training and education programs for its employees and users to promote best practices for data security, privacy, and compliance. Users are encouraged to follow recommended security guidelines and report any suspicious activities or security concerns to Provider's security team.
Provider acknowledges that no system can be entirely immune to security threats or vulnerabilities and commits to continuously monitoring, evaluating, and enhancing its security posture to adapt to evolving threats and mitigate risks effectively.
On-Premise Installed Components:
In the event that the SaaS platform involves on-premise installed components or software deployed within the Client's infrastructure, the responsibility for security and maintenance of such components solely rests with the Client. The Provider shall not be held liable for any security breaches, vulnerabilities, or incidents arising from the operation, configuration, or management of on-premise components by the Client.
The Client is responsible for ensuring the following security measures are implemented and maintained for on-premise components:
Access Control: The Client shall implement appropriate access controls, including user authentication, authorization mechanisms, and access restrictions, to prevent unauthorized access to on-premise components and sensitive data.
Patch Management: The Client shall regularly apply security patches, updates, and fixes to on-premise components to mitigate known vulnerabilities and ensure the latest security enhancements are implemented.
Configuration Management: The Client shall configure on-premise components in accordance with industry best practices and security guidelines to minimize exposure to potential security risks and vulnerabilities.
Monitoring and Logging: The Client shall implement monitoring and logging mechanisms to track and analyze activities related to on-premise components, including system logs, audit trails, and intrusion detection systems, to detect and respond to security incidents in a timely manner.
Backup and Recovery: The Client shall establish comprehensive backup and disaster recovery procedures for on-premise components to ensure data integrity, availability, and resilience in the event of system failures, data loss, or disasters.
Security Training and Awareness: The Client shall provide security training and awareness programs for its employees and personnel involved in the operation and management of on-premise components to promote awareness of security risks, best practices, and compliance requirements.
7. Data Backup Policy
Provider shall regularly backup Client data and maintain procedures for data recovery in the event of system failure or data loss.
Objective: The Data Backup Policy aims to ensure the integrity, availability, and resilience of Client data stored within the SaaS platform by implementing regular backup procedures, establishing retention policies, and facilitating data recovery in the event of system failures, data loss, or disasters.
Backup Frequency: Provider shall conduct regular backups of Client data stored within the SaaS platform according to the following schedule:
Daily backups: Incremental backups of data changes made within the last 24 hours.
Weekly backups: Full backups of all data stored within the SaaS platform, typically performed over the weekend or during off-peak hours.
Backup Methods: Provider shall employ industry-standard backup methods and technologies to ensure the reliability, efficiency, and security of data backups, including:
Disk-based backups: Storing backup data on redundant disk arrays for fast and efficient data retrieval.
Off-site backups: Replicating backup data to geographically diverse locations to mitigate the risk of data loss due to local disasters or outages.
Encryption: Encrypting backup data during transit and storage to prevent unauthorized access or interception.
Data Retention: Provider shall establish data retention policies specifying the duration for which backup data will be retained, including:
Daily backups: Retained for a minimum of 30 days to facilitate data recovery and restore previous versions of data if necessary.
Weekly backups: Retained for a minimum of 90 days to provide longer-term data retention and historical backups for archival purposes.
Backup Verification: Provider shall periodically verify the integrity and completeness of backup data through regular testing and validation procedures, including:
Data restoration tests: Conducting periodic tests to restore backup data and verify its accuracy, consistency, and usability.
Backup log audits: Reviewing backup logs and audit trails to ensure backups are performed successfully and according to the defined schedule.
Disaster Recovery: Provider shall maintain comprehensive disaster recovery plans and procedures to facilitate timely data recovery and restoration in the event of system failures, data corruption, or catastrophic events. These procedures include:
Failover mechanisms: Implementing redundant infrastructure and failover mechanisms to minimize downtime and ensure continuous availability of critical services.
Recovery point objectives (RPO) and recovery time objectives (RTO): Establishing RPO and RTO targets to define the acceptable amount of data loss and downtime during recovery operations.
Client Responsibilities: While Provider is responsible for conducting and managing data backups within the SaaS platform, Clients are encouraged to:
Regularly review and update data backup requirements and retention policies based on evolving business needs and regulatory requirements.
If the Backup Policy provided be the Provider does not suit the Clients needs, the client is responsible to take care of proper Data backup by himself.
All On Premise Components and stored data along with it are anyway the responsibility of the client.
Policy Review and Updates: Provider shall periodically review and update the Data Backup Policy to reflect changes in technology, best practices, and regulatory requirements. Clients will be notified of any updates or revisions to the policy in a timely manner.
8. Service Credits
The Service Credits Policy is designed to provide compensation to Clients in the event that Provider fails to meet the guaranteed availability or performance standards outlined in the Service Level Agreement (SLA). Service credits serve as a remedy for downtime or service interruptions that impact the Client's ability to access and utilize the SaaS platform effectively.
Eligibility Criteria: Clients may be eligible to receive service credits under the following circumstances:
Provider fails to meet the guaranteed availability threshold specified in the SLA.
Provider fails to meet the performance standards or response times outlined in the SLA.
Calculation of Service Credits: Service credits are calculated based on the duration and severity of the service outage or performance degradation experienced by the Client. The calculation methodology may include the following factors:
Duration of downtime: Service credits are prorated based on the total duration of downtime experienced by the Client during the billing cycle.
Severity of impact: Service credits may vary depending on the severity of the service outage or performance degradation, as determined by Provider.
Service Credit Amount: The amount of service credits awarded to the Client shall be determined based on predefined criteria and calculation methodologies established in the SLA. Service credits may be provided in the form of monetary discounts, account credits, or extended service offerings, as deemed appropriate by Provider.
Claim Process: Clients must follow the designated claim process outlined in the SLA to request service credits for downtime or service interruptions. The claim process typically involves submitting a formal request or notification to Provider, along with relevant details and evidence of the outage or performance degradation.
Verification and Approval: Provider shall review and verify the Client's claim for service credits based on the predefined eligibility criteria and calculation methodologies outlined in the SLA. Upon approval, Provider shall issue the appropriate amount of service credits to the Client within a reasonable timeframe.
Limitations and Exclusions: The following limitations and exclusions may apply to the awarding of service credits:
Service credits shall not exceed the monthly charges for the impacted service.
Service credits shall not be awarded for downtime or service interruptions resulting from scheduled maintenance, Client-inflicted issues, or force majeure events beyond Provider's control.
Service credits are non-transferable and may not be redeemed for cash or monetary value.
Policy Review and Updates: Provider reserves the right to review, update, or modify the Service Credits Policy as necessary to ensure alignment with evolving business needs, industry standards, and regulatory requirements. Clients will be notified of any changes or revisions to the policy in a timely manner.
9. Amendments
Provider reserves the right to update or modify this SLA with prior notice to Client. Continued use of the SaaS platform after such changes constitutes acceptance of the revised SLA.
11. Governing Law
This SLA shall be governed by and construed in accordance with the laws of United States of America, for Clients served by Logiks Solutions Inc, (Austin, TX) and the laws of Germany, for Clients served by Logiks Solutions GmbH (Munich, BY), without regard to its conflict of law provisions.
12. Entire Agreement
This SLA constitutes the entire agreement between Provider and Client regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, and representations, whether written or oral.
13 Contact Information
For questions or concerns regarding this SLA, please contact Provider at How to Contact Logiks Solutions