Definitions and Criteria
Clause 1 - For the purposes of this contract, the Service Level Agreement (SLA) is the level of technical performance of the service provided by the CONTRACTED PARTY as an indicator of technical excellence, the criteria for which are set out below.
Clause 1.1 - The level of performance in dealing with incidents will be based on the following severity criteria:
I - Urgent - Problems in essential functionalities, problems in data processing, problems in communication between the CONTRACTING PARTY and its suppliers.
II - High - Decrease in the performance of any of the software as a result of updating; problem in the visualization of transmitted information, etc.
III - Low - Component failure that does not impact the CONTRACTING PARTY's environment; problems in non-essential integration routines.
IV - Non-critical - Small errors/problems that have no impact on the business. Example: documentation problems, research into the existence of functionalities, etc.
Clause 2 - The service of all severities determined in hours refers to working hours, i.e. from 10:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m., and the time count must be interrupted at the end of each working day and restarted on the first working day thereafter.
Clause 3 - In the case of calls classified as "urgent" or "high" severity, service will be continuous until they are resolved.
Clause 4 - If the final solution requires a longer time than that specified in the "Maximum Call Handling Time" column, either due to its complexity, or due to the need to adjust the settings or modify any of the software, a workaround solution must be suggested and the severity adjusted to the reality of the final solution.
Clause 5 - The services related to the System must be available 24 (twenty-four) hours a day, every day of the week, with a service level agreement (SLA) of up to 99.5% (ninety-nine and a half percent) of the time within the calendar month.
Clause 6 - The CONTRACTED PARTY shall inform the CONTRACTING PARTY, at least 3 (three) days in advance, of any interruptions necessary for technical adjustments or maintenance that may cause damage to the operation of the server hosted under the CONTRACTED PARTY's responsibility. Said maintenance and interruptions must take place at times and on days when CONTRACTOR's activity is low, preferably between midnight and 6am, for a period of no more than 6 (six) hours, it being hereby agreed that they may never take place on commemorative dates or on their eve.
The CONTRACTOR is not responsible for maintenance in the CONTRACTOR's environment or in a cloud environment for which third parties are responsible.
Clause 7 - These are not taken into account when calculating the SLA in clause 5 above:
I - Interruption caused by failure in the connection (link) or system (saas) provided by the operator or by a company that replaces it in the provision of the service, through no fault of the CONTRACTED PARTY.
II - Interruptions necessary for technical adjustments or maintenance, which will be informed in advance and will preferably take place during low-traffic evening hours.
DO Non-compliance with the SLA
Clause 1 - The CONTRACTED PARTY ratifies the understanding of the application of a progressive penalty provided for in the penalties clause set out below, in cases of non-compliance with the obligations relating to the SLA.
Clause 2 - Measurement shall take into account the following items:
Clause 3 - To measure the period of interruption, the time interval between the opening of the call and the complete restoration of the service communicated by the CONTRACTED PARTY and ratified by the CONTRACTING PARTY shall be considered.
Clause 4 - The amounts due as SLA fines will be offset against the next payment due from the CONTRACTING PARTY or, if at the end of the contract it is verified that non-compliance has occurred, the amounts must be paid within 15 (fifteen) days of the CONTRACTING PARTY proving non-compliance with the SLA.
Clause 5 - It is hereby established that only any failure to comply with this SLA at an unavailability rate of less than 95% (ninety-five percent) during a given month shall give rise to motivated contractual termination.
RECORDING INCIDENTS
Clause 1 - The CONTRACTED PARTY shall make available to the CONTRACTING PARTY a system in which it is possible to record calls relating to incidents and which allows the CONTRACTING PARTY to record the date, time, category (type) of incident, its description and its severity.
To open tickets, the CONTRACTING PARTY can use the following channels:
- Email: chamados@webpeak.com.br
- Call Portal: https://kb.webpeak.com.br/portal/pt/signin
The CONTRACTED PARTY shall record in the system the actions taken to resolve the incident and, by means of system reports, it shall be possible to check compliance with the service levels stipulated in this contract.
The CONTRACTED PARTY does not consider an SLA for services provided by:
- Messages on Whatsapp or any other IM tool;
- Sending e-mails to CONTRACTED PARTY employees' inboxes;
- Requests by corporate telephone and cell phone;
Clause 2 - The CONTRACTED PARTY shall submit a monthly report to the CONTRACTING PARTY to ascertain the quality of the service and its performance in meeting the SLA. Both parties must define in advance which professional or team will be responsible for generating and analyzing the reports generated, in order to guarantee good management and governance of the contract.
