Service Level Agreement (SLA) for Scope

Status: 2024-01

General Information

The main contract concluded for the Scope service (Software-as-a-Service) is supplemented by this additional SLA (Service Level Agreement) concluded between the parties to specify the IT services.

RIEGE shall provide the operating services specified here in accordance with the following SLA and rectify faults in accordance with the response and recovery times.

This shall include all contractually required activities to ensure operation and appropriate work to prevent and remedy operational disruptions as well as accompanying work, regardless of whether this relates to software or hardware or the network or its components of RIEGE.

The service descriptions of individual products shall supplement the IT services to be provided in each case.

Definition of Availability

The application is considered available if all of the following conditions are met:

• The application can be started.
• Login is possible and does not take longer than 60 seconds.
• The connection to the database is active, database commands are processed correctly.

The following are excluded from the availability measurement:

• Multi-client systems: every maintenance window announced in advance in writing (e-mail, ticket)
• Single-client systems: every maintenance window announced in advance in writing (e-mail, ticket) and agreed with the customer
• Causes of malfunctions beyond the control of RIEGE
• Malfunctions due to application errors that do not have an operational origin
• Faults due to incorrect operation of the software
• Malfunctions due to natural disasters or force majeure, unless these should be masked by the system architecture
• Faults and causes for which RIEGE is not responsible, in particular those caused by incoming IT attacks which RIEGE was unable to prevent despite the use of security techniques
• The installation of urgently required scope and security patches.

The client shall be obliged to notify the contractor immediately of any disruptions to the IT services and availability restrictions or other failures that are recognizable to it.

Troubleshooting

Response Time and Recovery Time

The response time is the period of time within which RIEGE shall commence the work to rectify faults or defects.

The recovery time is the period of time within which RIEGE must successfully complete the troubleshooting or defect rectification work for failures of the "high" error class. If the customer's cooperation is necessary for the restoration, the time until the cooperation is provided shall not be counted towards the restoration time.

If it is necessary to take the Scope system out of operation as part of the recovery process, this may only be done with the customer's consent.

Priorities and Error Classes

The classification and prioritization of error and fault reports is based on the following criteria:

Response Times

 

Recovery Times

Service and Support

Error and Fault Reporting Procedure

Errors and faults are reported to the RIEGE ticket system, which is provided by RIEGE. The [F12] key is available in the Scope system for this purpose. This function allows a ticket to be created directly from the Scope application in the ticket system used by RIEGE and important information (e.g. print screen) and system status (log file) to be added automatically.

Outside helpdesk hours and in emergencies, the fault report must be made by telephone.

The customer is regularly informed about the status of their fault report and the progress of the fault clearance.

Helpdesk and Emergency Service

The faults/malfunctions reported by the customer shall be analyzed by RIEGE during helpdesk hours and a solution found. For the period from the error message to the rectification of the error, the customer shall – if possible – be shown options for jointly avoiding the error or mitigating its effects.

Helpdesk Hours

Emergency Service

RIEGE provides an emergency service for faults related to the use of the Scope system. Only high-priority faults can be reported to the RIEGE emergency service by telephone free of charge outside helpdesk hours. Faults with a lower priority may not be reported to RIEGE's emergency service outside helpdesk hours.

Unauthorized Use of the Emergency Service

If faults with a priority of "medium" or "low" are reported to RIEGE's emergency service by telephone outside helpdesk hours, an initial fee of EUR 250.00 (net) plus statutory VAT shall be charged. Any time spent in excess of one hour shall be recorded and additionally invoiced to the customer on the basis of RIEGE's price list for services valid at the time.

Terms, Right of Modification

The term of the SLA shall be based on the term of the main contract. RIEGE reserves the right to amend the SLA in justified cases. With regard to any rights of termination, reference is made to the content of the main contract.

Final Provisions

Should any of the provisions of this Service Level Agreement prove to be invalid in whole or in part or should the Service Level Agreement contain a loophole, the remaining contractual provisions shall remain unaffected. It is the express intention of the parties to maintain the validity of the remaining provisions under all circumstances and thus to avoid partial invalidity. The invalid provision shall be replaced or the loophole closed by a legally permissible provision that comes as close as possible to the meaning and purpose of the invalid provision. Any transfer of rights and obligations based on this Service Level Agreement by one party to third parties requires the prior written consent of the other party. Consent may not be unreasonably withheld.

The Client may only offset claims for remuneration of the Contractor against claims that have been legally established or recognized by the Contractor. Individual provisions and additions to this Service Level Agreement must be made in writing, unless otherwise agreed.

The place of jurisdiction for all disputes arising from or in connection with
this Service Level Agreement is that of the main contract.