Service Level Agreement (SLA)

This Standard Service Level Agreement („Standard SLA“) supplements the Agreement between Tapglue and Customer including the Tapglue Terms and Conditions (/terms). Unless otherwise provided herein, this Standard SLA is subject to the terms of the Tapglue Terms and Conditions and capitalized terms will have the meaning specified in the Tapglue Terms and Conditions.

  1. GUARANTEED UPTIME
    1. Unless otherwise agreed upon in the Order Form, Tapglue guarantees an Uptime of 98% for the API and the Tapglue Backend. “Uptime” means the Service is available for use, none of its critical functions are affected and Customer’s Tapglue Implementation is fully usable, according to performance and monitoring data utilized by Tapglue at its sole discretion.
    2. Uptime percentage is measured with the help of Tapglue’s automated systems, over each Service Period (one month). It is calculated to the nearest hour, based on the number of hours in the given Service Period (for instance, a 31-day Service Period contains 744 hours).
    3. Maintenance times agreed on between the parties or maintenance times necessary for the continued upkeep of the Tapglue Services and communicated to the Customer latest two weeks in advance shall both be excluded when measuring Uptime.
    4. Service interruptions caused by factors outside of Tapglue’s reasonable control (including, but not limited to, outages or disturbances caused by telecommunication service providers) or caused by any force majeure event or that resulted from Customer’s software or hardware or that resulted from any breach of the Agreement by Customer shall be excluded when measuring Uptime.
  2. GUARANTEED RESPONSE TIMES
    1. The response time measures how long it takes Tapglue to respond to a support request raised via Tapglue’s support system (“Response time”).
    2. Response Times are measured from the moment the Customer sends an email to Tapglue with a support request. Response Times apply during standard working hours (9am — 6pm CET) Monday to Friday only, unless otherwise agreed between Tapglue and Customer to specifically include provisions for out-of-hours support and recorded on the Order Form.
    3. Tapglue is deemed to have responded when it has replied to the Customer’s initial request in any form (Email, Skype, Telephone).
    4. Unless otherwise agreed upon and recorded on the Order Form, Tapglue guarantees a response time of 24h as part of this Standard SLA.
  3. PENALTY
    1. If the Uptime for any Service drops below the guaranteed Uptime as defined in Sec. 1 or Tapglue exceeds the relevant guaranteed Response Times as defined in Sec. 2, a penalty will be applied in the form of a credit for the Customer in the following billing cycle.
    2. The total penalty per Service Period is capped at 10% of the monthly fee payable by the Customer according to the Agreement.
    3. The penalty amount will be calculated depending on the number of hours per Service Period by which Tapglue missed the guaranteed Uptime plus the number of hours by which Tapglue missed the guaranteed Response Time in relation to the total amount of hours in the Service Period (for instance, a 31-day Service Period contains 744 hours).

      Example: During a 31-day Service Period, the Tapglue API is offline for 25 hours and it takes Tapglue 32 hours to respond. According to this Standard SLA guaranteed Uptime is 98%, i.e. anything over 15 h (2% of 744 h equals 14.88 h) counts towards the penalty, in this case 10 hours (25h - 15h = 10h). Guaranteed Response Time in case of a support request related to the API is 24h according to this Standard SLA, anything over 24h counts towards the total penalty, in this example 8 h (32 h – 24 h = 8 h). 18 h (10 h plus 8 h) lead to 2.42 % of the monthly fee being credited to Customer during the following Service Period.
    4. Any further claims in accordance with the Tapglue Terms and Conditions shall remain unaffected.
  4. TERMINATION FOR CAUSE
    1. Failure of Tapglue to meet its Uptime guarantee for more than three subsequent Service Periods shall be construed as cause for termination of the Agreement according to the provisions of Section 626 of the German Civil Code and Sec. 14 of the Tapglue Terms and Conditions.
  5. DURATION
    1. This Standard SLA shall automatically expire upon termination of the Agreement. The right to terminate this Standard SLA for cause, separate from any termination of the Agreement, shall remain unaffected.