This Service Level Agreement governs the provision on service levels, Availability, Maintenance Work, the availability of support, Incident Management and Reporting of Services provided via the Bosch IoT Suite Portal under http://www.bosch-iot-suite.com (“Bosch IoT Suite Portal”).
When calculating the Availability, Downtimes for which the Provider is not responsible, are considered as available times. These Downtimes include the following:
a) Downtimes due to scheduled or unscheduled Maintenance Work as defined Section 6;
b) Downtimes due to Maintenance Work agreed with the Customer in advance;
c) Downtimes due to operational disruptions caused by a force majeure event or other unavoidable events beyond Provider’s control, which could not be averted with reasonable effort, which could not have been foreseen even when exercising with due care, and which make Provider’s obligations under this SLA considerably more difficult or completely or partially impossible, such as strikes, lockouts, exceptional weather conditions, power outages, operational or traffic disruptions and transport obstructions and which discharge Provider from its obligations under this SLA for the duration of such an event;
d) Downtimes due to virus or hacker attacks, unless the Provider has not taken the reasonable protective measures;
e) Downtimes due to interruptions caused by the Customer;
f) Downtimes due to software errors in Customer’s applications or due to errors in the system and system-related software caused by Customer’s applications or data;
g) Downtimes due to interruptions of third parties for which the Provider is not responsible.
The Customer shall report any impairment on the Availability of the Service to the Provider in accordance with Section 5.
a) If the Provider is responsible for a failure to meet the agreed Availability, Customer may claim Service Credits up to a cumulative upper limit of 15% of the monthly fee in the amount described below:
|Deviation of Availability||Service Credit in %|
|1% - 1.99% below the agreed Availability||1% of the total monthly usage fee|
|2% - 4% below the agreed Availability||2% of the total monthly usage fee|
|> 4% below the agreed Availability||An additional 0.5 % of the total monthly usage fee for each next percentage point (1.0 %) of reduced availability|
b) To claim Service Credits under this Section 3.5, Provider must submit a written notice to Provider within thirty (30) business days after the end of the calendar month in which the Provider did not meet the Availability. If Customer fails to provide such written notice as provided above, such claim is deemed to be time barred and Provider shall have no obligations.
c) The Customer is also entitled to claim damages or a reduction of the agreed fees according to the provisions of the Agreement, if the Provider is responsible for the failure to meet the agreed Availability. If damages or a reduction of the fees are claimed in addition to the Service Credits, the Provider may offset the Service Credits against the damages or the fee reduction.
Operating times of support
|Business Days||Monday - Sunday|
|Operating Times||09:00 - 18:00|
The support comprises a service desk for receiving Incidents from Customer by means of tickets or e-Mails via email@example.com, prioritizing Incident reports according to the urgency of the Incident, analyzing and isolating the Incident.
All times are based on the Central European Time (CET) or Central European Summer Time (CEST) valid in Germany.
a) All Incidents within the Service shall be assigned an Incident Priority which shall determine the target Response Time.
|There is an Incident Priority 1 if the use of the Service or major parts of the Service is completely unavailable or severely restricted for instance due to malfunctions, false work results or response times.||<12h during operating times|
|There is an Incident Priority 2 if, although the use of the Service is not unavailable or severely restricted, for instance due to malfunctions, false work results or response times, the use is subject to restriction(s) which is (are) material.||<12h during operating times|
|There is an Incident Priority 3 if the use of the Service is not directly and/or significantly/considerably impaired, such as an instance that basic settings which are unfavourably defined or without “nice-to-have” functions.||<12h during operating times|
|There is an Incident Priority 4 if there is no limitation of the use of the Service functionalities; e.g. minor flaws, questions or requests for improvement by the Customer.||<24h during operating times|
b) The Provider shall, in its sole discretion, prioritize Incidents taking into account the definitions included in the table above.
a) Customer shall immediately notify the Provider of all Incidents.
b) All Incidents must be communicated to the Provider via ticket system or e-Mail.
c) The Customer shall ensure that when the Incident is reported, the Incident reporting must include the following required information:
e) The Provider shall notify the Customer upon Incident closure.
f) Incident processing shall be performed during the business days and operating times as defined in Section 4.1.
g) The Provider may provide the Customer with an interface for creating Incident tickets in Provider’s ticketing system (JIRA). The Provider reserves the right to amend the ticketing system in its sole discretion due to a change in requirements. Any use of the ticketing system by third parties, in particular by end customers or suppliers of the Customer, is prohibited. The ticket language for all tickets is English.
The provisions of the Agreement shall remain in full force and effect.
Last Amended: May, 23 2018 (Version 1.1)