Service Level Agreement (SLA)

V 1.0 published 26 September 2019

This Level of Service Agreement (SLA) is an annex to the contract governing the commercial agreement between "Mindsay" and the Customer.

The purpose of this agreement is to ensure that the appropriate elements and commitments are in place to provide consistent Customer Service Support by Mindsay.

Definitions

Anomaly: means any Bug, defect, malfunction or nonconformity documented by the Client or Mindsay, the initial setting resulting in the total or partial inability to benefit from the features provided. The anomaly must be documented (ie identified), reproducible using a specific example and reported to the other Party by any means of communication (mail, slack etc).

Anomalies can be subdivided into 3 categories:

• Blocking Anomaly: means a reproducible Anomaly documented by the Client which, individually or cumulatively:

• render the Solution inoperative,
• completely block the use of the Solution,
  
  and for which there can not be a technical or organizational workaround. Criticality is blocking.

• Semi-blocking Anomaly: means an Anomaly documented by the Client that allows the use of the Solution concerned only for part of its functionalities or in a degraded way, which is not viable in the long term. Criticality is major.

• Minor anomaly: means a reproducible Anomaly with a minor criticality that makes it possible to work in semi-degraded mode on the software or for which there is a viable workaround.
  

Service commitment

Mindsay will make all necessary arrangements for the Customer Chatbot to be available and functional.

The service will be available for 99% of each month.

The downtimes are defined as follows: total unavailability of the service, that is to say that the Chatbot does not return any answer or that the response time found exceeds 3 minutes.

The following incidents are considered downtime to use in calculating system availability:

• Unexpected failures due to unavailability of the network; and
• Emergency maintenance operated by Mindsay

The following incidents will not be included in the calculation of downtime:

• Scheduled maintenance approved by the Customer;
• Third party software actions on the Customer's systems;
• Messaging software actions supporting the solution (Facebook for example)
  

Commitment on resolution results

Mindsay commits to diagnosis and resolution times according to the Anomalies, as detailed below.

Incident classification

Anomaly reports must be confirmed by email to Mindsay without delay at: service@mindsay.com. The Customer will endeavor to provide as much information as possible to enable Mindsay to characterize the incident. The reception of this email will set the date of report of an Anomaly.

Mindsay proceeds to the diagnosis of the Anomaly, checking in particular if it originates from the Solution, and, if necessary, will proceed to the qualification of the Anomaly in Blocking Anomaly, Semi-Blocking or Minor. Mindsay will inform the Customer by any useful written means and in particular by email or by Slack of the results of this diagnosis within 24 (twenty-four) hours (hereinafter: the "Date of the Diagnosis").

If it turns out that the Anomaly originates from the Solution, Mindsay will commit the necessary means to correct it within the following deadlines:

(A1) In the event of a Blocking Anomaly, within twenty-four (24) hours following the Diagnosis Date;
(A2) In the event of a Semi-Blocking Anomaly, within three ( 3 ) working days following the Date of the Diagnosis;
(A3) In the event of a Minor Anomaly, within seven ( 7 ) working days following the Diagnosis Date.

These delays take place within the working hours of Mindsay, namely between 9 am and 7 pm (Paris time) during working days. A business day means an uninterrupted period of ten (10) hours, Monday to Friday, between 9am and 7pm. Any delay that began during this time period will expire at the same time on the last business day of the delay.

In the event that Mindsay can not correct an Anomaly within the time limits provided in this article, it undertakes to implement a workaround solution allowing the Client or Users to use the Solution in accordance with its intended use, at the latest:

• within twenty-four (24) hours from the Diagnosis Date for a Blocking Anomaly;
• within four ( 4 ) business days of the Diagnostic Date for a Semi-Blocking Anomaly.
  

Mindsay will send the Client a report of the intervention, by any useful written means and in particular by e-mail or by Slack. The date of dispatch of this report is the end date of the intervention.

The absence of dispute of the Customer within two ( 2 ) calendar days non-holidays from the date of receipt of said e-mail carries validation of the information recorded in the above mentioned report.

The Corrective Maintenance Service does not apply to Anomalies not originating from the Solution. However, Mindsay can support their resolution, at the request of the Customer. This intervention will first be the subject of a specific quote, communicated to the Customer by any useful written means, in which will be specified the conditions of the intervention of Mindsay, the price of this intervention and the terms of its payment.

The Customer validates this quote by sending it back signed to Mindsay. Once validated, the estimate is added in Annex 1, updated for this purpose.