Service Level Agreement
This Service Level Agreement (the “SLA”), between Nuevo Sentido Tecnológico Realidad Aumentada, S.L. (“NEOSENTEC”) and any customer of NEOSENTEC the “Subscriber”) governs the Technical Support and level of the Services under the provisions of the Terms of Service (“Terms of Service”).
This SLA forms an integral and inseparable part of the Terms of Service. In case of conflict between the present SLA and the Terms of Service, the present SLA shall prevail insofar it regulates the specific subject hereof. However, to any matter not expressly established in the present SLA, the provisions of the Terms of Service will be fully applicable and shall govern.
The parties may also establish specific service level conditions (i.e. adding additional support hours), which shall prevail over the terms set forth in this SLA. In all aspects not regulated in these specific service level conditions, the terms set forth in this SLA shall apply.
This SLA shall not be applicable, under any circumstance, to: (i) duly identified (unless expressed otherwise by NEOSENTEC) Alpha or Beta developments; (ii) events included in legal concepts “Unforeseeable Circumstances” and “Force Majeure” (as understood in applicable and governing law) or others that go beyond NEOSENTEC’s reasonable control when providing the Services; (iii) errors that resulted from SUBSCRIBER’s software or hardware or third party software or hardware; (iv) errors that resulted from abuses of others conducts prohibited by the Terms of Service; or (v) errors that resulted from quotas applied by the administrated systems controlled by NEOSENTEC.
All capitalized terms not expressly defined in this SLA shall have the meaning given to them pursuant to the General Terms and Conditions:
- “Business days” shall mean the official Spanish business days.
- “Business hours” shall mean 24 hours per day, during business days
- “Response Time” shall mean the average amount of time in which NEOSENTEC will reach out to the SUBSCRIBER after a support request and provide the SUBSCRIBER with information about the next steps NEOSENTEC will take to resolve it.
- “Resolution Time” shall mean the average amount of time in which NEOSENTEC will resolve a support request after it has been responded to by NEOSENTEC.
During the Term of the Services and while the contractual relationship between the SUBSCRIBER and NEOSENTEC still is in force as provided in the Terms of Service, the latter ensures the SUBSCRIBER a minimum percentage of service availability, upon this section, of a monthly 99,00% with regard to the service level objective (the “SLO”).
If NEOSENTEC does not meet the SLO, and if the SUBSCRIBER meets the obligations provided under the Terms of Service, to the extent that the latter notifies the former within thirty calendar days (30) after the finalization of the monthly period when such harm was caused, the SUBSCRIBER may be eligible to receive monetary compensation (the “Credit”) that shall be exclusively granted as a discount percentage credited to future monthly bills issued by NEOSENTEC, as indicated in the following table:
|98.00% – <99.00%||10%|
|94.00% – <98.00%||25%|
The User shall be only entitled to claim Credit if the downtime period (minutes measured as a minimum category) of the Services is to be caused by events or circumstances related to NEOSENTEC or any of the latter’s IT providers and directly linked to the performing of the Services.
The provisions established in this clause shall not be applicable in case of programmed downtime period duly notified in advance to carry out scheduled maintenance. Such suspension will not be for more than 5 business hours in each calendar month. The Services downtime during scheduled maintenance carried out by NEOSENTEC in accordance with this Clause 2.4. shall not be counted as Unavailability for the purposes of paragraph 2.2.
If an interruption is caused, NEOSENTEC is not liable for any disruption or loss that the User may suffer and does not guarantee the possibility of recovering a project or its related AR Content. In general NEOSENTEC will perform backups of the AR content stored in its services and will keep the last 15 days, but the User is solely responsible for making its own backups, to avoid loss of their AR Content.
NEOSENTEC will provide SUBSCRIBER with technical support for the Services:
- Via email at email@example.com;
- Via support ticket system provided within the Onirix Studio platform;
- Through the means indicated to each client when it comes to a project that has custom or “ad-hoc” components (White Label app, personalized webAR experience, or any other type of specific solution).
Onirix will offer support in terms of error correction in “ad-hoc” projects, and on the Onirix Studio web platform; as well as in support tasks with the configuration of the experiences within Onirix Studio: import of 3D models, configuration of assets within the scene, interactions between the elements, etc.
All Technical Support will be provided remotely unless expressly agreed otherwise by NEOSENTEC.
LIMITS ON TECHNICAL SUPPORT.
Within the proposed monthly license with Premium support, a limited support of one (1) hour, non-cumulative, per month is included, related to support on the use of any of the available features from Onirix Studio, whether for the creation of experiences, import of assets, publication, traffic measurement, or management of the user’s account.
NEOSENTEC shall have no obligation under this Agreement to provide Technical Support in respect of any fault or error caused by:
- The improper use of the Services; or
Response time for any request will be:
- During Bussiness hours: 3h.
- During Non-Bussiness hours: 48h.
Our Business hours are from 9:00 AM to 18:00 PM GMT + 1. Our work calendar is governed by the calendar in Spain, and specifically that of the town of Oviedo.
Resolution time for the requests received will be:
- Tier 1: critical error. An issue that is preventing Onirix Studio, or some ad-hoc development, from working normally: until it’s resolved;
- Tier 2: medium error. A problem that is relevant but the user can continue using Onirix Studio or its ad-hoc solution: 16-24 Business hours;
- Tier 3: minor bug. A very specific problem that does not affect the general use of Onirix Studio or the ad-hoc solution (for example, an error within the interaction of a specific scene): 48 Business hours.
The SUBSCRIBER acknowledges that from time to time during the Agreement NEOSENTEC may apply upgrades (“Upgrades”) to the Services and that such Upgrades may result in changes in the appearance and/or functionality of the Services.
This SLA shall enter into force on the date that the Terms of Services are accepted by the SUBSCRIBER and shall remain in effect for the term and be subject to termination in accordance with the Terms of Service.