SERVICE LEVEL AGREEMENT
This page contains the supplementary provisions on Downtime, Response and Reporting Process for the Quantium applications. Please read this Service Level Agreement carefully as it is the version in force at the time you enter into Services Agreement with Quantium.
The following terms, as used herein, shall have the following meanings, whether used in the singular or plural (some terms are defined within the section in which they are used):
- “Affiliate” refers to any company owned or controlled directly or indirectly by Round Square Pte Ltd
- “Quantium applications” refers to the Quantium applications (available via https://www.quantiumcore.com/ and https://www.quantiumedge.com/).
- “Service” refers to the Quantium Services provided to the customer pursuant to this Agreement: access to Quantium’s websites requiring authentication and access to all Quantium’s functionalities including Quantium’s critical functionalities (see definition in section “Service Levels”).
- “Service Level” means standards Quantium adheres to and by which it measures the level of Service it provides as specifically set forth below.
- “Severity One Error” means an Error pursuant to which all or a substantial portion of the Software is not operating and cannot be restarted and for which no work-around solution is then available, which causes a complete cessation of an essential part of the Customer Business for which the Software is used in production hereunder.
- “Severity Two Error” means an Error, other than a Severity One Error, which is responsible for a material portion of the Software malfunctioning, where the malfunctioning has the effect of severely hampering Customer’s operation of the Licensed Software to support the Customer Business for which the Licensed Software is used in production hereunder.
- “Severity Three Error” means an Error, other than a Serious Error, which is responsible for a portion of the Licensed Software malfunctioning, where the malfunctioning has the effect of materially hampering Customer’s operation of the Software to support the Customer Business for which the Software is used in production hereunder.
- “Severity Four Error” means any Error other than a Serious Error or Severity Three Error.
- “Business Hours” means the 9:00 A.M. through 5:00 P.M. (Singapore Time), Monday through Friday, GMT+8 time, excluding Singapore public holidays.
- “Service Level Credit” means a credit applied to the customer’s invoice in the invoice period following successful confirmation by Quantium of violations of Service Level Agreement.
- Configuration requirements, acceptable use
Customers must adhere to any required configurations, use supported platforms, and follow any policies for acceptable use in order to receive Service. Details of the required Configurations, supported platforms and policies for acceptable use can be obtained at any time by contacting firstname.lastname@example.org
- Service Levels
- “Downtime” is defined any period of time when the Customer is unable to use a Critical Functionality for all its users. The Downtime is calculated using Quantium’s application availability in minutes. The Downtime must be reported by the Customer (see section “Reporting Process”) to be taken into account. Downtime does not include the period of time when the Services are not available as a result of: (i) Scheduled Downtime or scheduled network, hardware, or service maintenance or upgrades; or (ii) the acts or omissions of the Customer or the Customer’s employees, agents, contractors, or vendors, or anyone gaining access to the Services; or (iii) Customer requested changes; or (iv) a case of force majeure. Downtime shall not exceed 0.1% in minutes within a calendar year.
- “Force Majeure”. Any Downtime in Services or Critical functionalities will not be considered a breach of this Agreement if and to the extent caused by events beyond Quantium’s reasonable control, including, but not limited to, acts of God, embargoes, governmental restrictions, strikes, lockouts, work stoppages or other labor difficulties, riots, insurrection, wars, or other military action, acts of terrorism, civil disorders, rebellion, floods, telecommunication stoppage, vandalism, or sabotage (“Force Majeure”). Quantium’s obligations hereunder will be suspended to the extent caused by Force Majeure so long as the Force Majeure continues.
- “Scheduled Downtime” is defined as: Downtime within scheduled maintenance windows. The notice is 5 working days in advance. Cumulative monthly Scheduled Downtime should not exceed 4 hours. Scheduled Downtime is not considered Downtime for purposes of this SLA.
- SLA Exclusions
This SLA and any applicable Service Level do not apply to any performance or availability issues:
- Due to factors not foreseeable and /or outside Quantium’s reasonable control;
- Due to external factors i.e. not related with Quantium’s software;
- That resulted from Customer’s or third-party’s hardware or network;
- That resulted from actions or inactions of the Customer or third parties;
- Caused by Customer’s use of the Service after Quantium advised Customer to modify its use of the Service, if Customer did not modify its use as advised;
- During scheduled downtime; or
- During beta and trial services.
This SLA does not include the ability for the customer to introduce change requests, new-feature requests or improvements of the system.
- Errors reporting and Expected Response time
This SLA includes Errors linked to critical functionalities but also analysis or correction of troubles related to major or minor level of availability. Those four levels of errors and expected response time during business hours are detailed as follows:
- Reporting Process
Customer may initiate a helpdesk ticket during Support Hours by emailing email@example.com
- Service Level Credit
In case of breach of Response time and/or Downtime by Quantium, the Customer has the right to receive compensation in forms of Services Level Credit in subsequent Annual Services period. The penalty amount equals to (a) Total downtime (in percentage) exceeding levels included in “Service Levels” in Section 3 multiplied by Annual Services Fees; plus (b) Total differences in Required and actual Response time included in “Errors reporting and Expected Response time” in Section 4. in days divide by 260 working days multiplied by Annual Services Fees. The Service Level Credit request shall be done in within the Services Agreement period by emailing firstname.lastname@example.org. The overall Service Level Credit amount shall be capped at ten percent of Annual Services Fees.
- General Terms
This Agreement shall be effective on the date the Customer enters into Quantium’s System Services Agreement and shall automatically expire upon the termination or expiry of the Quantium’s System Services Agreement entered into by the Parties. Any previously agreed service level agreements are hereby declared invalid.