Terms of Service
IAmPop · Last updated Nov 11, 2022
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 I AM POP BV Platform under IAMPOP.COM.
Agreement is the agreement between the Customer and the Provider regarding the provision of the Services by the Provider and use of the Services by the Customer.
Availability is that the Customer can execute and use the essential functions of the Services at the Handover Point as defined in the Agreement.
Downtime is the total number of hours (h) in which the essential functions of the Service as defined in the Agreement are not available for use by the Customer during the System Runtime.
Handover Point are the internet hubs of the data center.
Incident is any impairment on the Service, such as Downtimes, errors or a reduction of quality.
Incident Management is the processing of Incidents.
Incident Priority is the severity of the Incident.
Response Time is the period of time to start working on an Incident reported by the Customer.
Maintenance Work is all maintenance activities required to keep the Service running, to eliminate errors in the Service, to backup data and/or activities required to enhance, enlarge or renew functionalities to ensure that the Service can be used in accordance with the Agreement.
Service Provision Period is the time in which the system must be ready for operation.
SLA is this Service Level Agreement.
This SLA sets forth the Availability of the Service and supporting service levels. The Provider shall provide the services as described below in accordance with the price list valid at the time of conclusion of the Agreement.
This SLA applies solely to the Service made available for productive use by the Customer and not apply to any non-productive, free and/or try-out versions of the Service, integration or test systems having unreleased functions or functionality.
This SLA is only valid in conjunction with the Agreement and shall not take effect until Customer and Provider have executed the Agreement. 1 IAMPOP.COM
All obligations of the Provider in this SLA only apply to the Service as made available to the Customer at the Handover Point. Provider is not responsible for data transmission from the Handover Point to the Customer and/or in the area of Customer’s IT system.
Any malicious misuse of the Provider's extra privileges with regard to the Provider's access to the Customer's platform/Services will be treated as a breach of the SLA and void the Agreement.
Availability and Service Credits
The Provider shall provide the respective Service at the Handover Point during the Service Provision Period with the Availability as described in the respective Pricing & Conditions. Except as otherwise agreed, an availability of 99.50% per month shall be deemed agreed.
The Provider is not required to make the Service available for use in case of Service Provision Period scheduled Maintenance Work according to Section 6. If the Service is available in case of scheduled Maintenance Work according to Section 6, the use of the Service is at risk of Customer. Customer accepts that in case of scheduled Maintenance Work the use of the Service might be limited regarding functionalities or performance and/or that the Service shall be switched off or restarted without notice. If the Service is made available in case of scheduled Maintenance Work and there is a reduction in the functions or functionality of the Service or a reduction of the Availability, Customer shall have no claim for breach of warranty or be entitled to any compensation.
The Availability of the Service is calculated according to the following formula as the percentage proportion of time in the course of a calendar month during the Service Provision Period.
When calculating the Availability, Downtimes for which the Provider is not responsible, are considered as available times. These Downtimes include the following:
Downtimes due to scheduled or unscheduled Maintenance Work as defined Section 6;
Downtimes due to Maintenance Work agreed with the Customer in advance;
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 2 IAMPOP.COM obstructions and which discharge Provider from its obligations under this SLA for the duration of such an event;
Downtimes due to virus or hacker attacks, unless the Provider has not taken the reasonable protective measures in accordance with section 7;
Downtimes due to interruptions caused by the Customer;
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;
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.
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 30% of the monthly fee in the amount described below:
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
To claim Service Credits under this Section 3.5, Customer must submit a written notice to Provider within ten (10) 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.
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
Monday - Friday
10:00 - 18:00
The support comprises a service desk for receiving Incidents from Customer by means of tickets or e-Mails via firstname.lastname@example.org, prioritising Incident reports according to the urgency of the Incident, analysing and isolating the Incident.
All times are based on the Central European Time (CET) or Central European Summer Time (CEST) valid in The Netherlands.
Incident Management shall comprise all the activities between the Customer and the Provider associated with the notification and management of Incidents until resolution.
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.
<3h 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
<6h during operating times
There is an Incident Priority 3 if the use of the Service is not directly and/or significantly/ considerably impaired. e.g. basic settings are unfavourably defined or ‘niceto-have’ functions are missing.
<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
Customer shall immediately notify the Provider of all Incidents.
All Incidents must be communicated to the Provider via ticket system or e-Mail.
The Customer shall ensure that when the Incident is reported, the Incident reporting must include the following required information:
Customer Account name
Detailed description of the Incident in order to reproduce the incident;
Service name and functionality of the Service affected;
Cloud infrastructure and region affected;
Date and time when the Incident occurred;
The action(s) which the Customer has already taken to remedy the Incident and any results from the action to remedy the Incident taken by the Customer.
Once the Customer provides all required information, the resolution process shall start and the first feedback after receipt of the Incident report shall be given according to the Response Time in relation to the Incident Priority according to Section 5.2.
The Provider shall notify the Customer upon Incident closure.
Incident processing shall be performed during the business days and operating times as defined in Section 4.1.
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 Provider has the right to interrupt the provision of the Service for Maintenance Work.
The Provider shall plan Maintenance Work to minimise the interruption of the use of the Service, so that the use of the Service by the Customer is affected as little as possible.
Planned Maintenance Work will be announced 30 calendar days in advance on the IAMPOP.com Dashboard or via email.
The Provider is also permitted to conduct unscheduled Maintenance Work on the Service for important reasons, e. g. if the Service operation is jeopardised. This includes but is not limited to emergency changes, e. g. the implementation of security patches, which are necessary for securing and maintaining operations and require immediate implementation. The Customer must be notified hereof without undue delay and the unscheduled Maintenance Work must be carried out in such a way as to minimise malfunctions in operational processes as far as possible.
The Provider shall have repeatable and periodic processes in place for scanning, identifying and remediating newly discovered security vulnerabilities on servers, workstations, network and equipment and applications.
The Provider shall ensure that regular penetration testing exists and is conducted by a reputable external third-party organisation and shall provide copies of the testing results upon request.
The Provider will indemnify against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits) liabilities, demands, claims, actions or proceedings which the client may incur arising out of any breach of this SLA by the Provider up to a cap of 2x the agreed client revenue for the preceding 12 months of service.
The provisions of the Agreement shall remain in full force and effect.