Our service levels.

This Service Level Agreement (“SLA”) specifies and supplements the Provider’s service obligations under the General Terms and Conditions (AGB), in particular the availability of the Software and the support services. Where this SLA contains provisions on availability, maintenance or support that deviate from or go beyond the AGB, the provisions of this SLA take precedence to that extent; the AGB otherwise remain unaffected.

The specific scope of the services owed under this SLA may depend on the selected plan or service package. In this respect, the Service Description (Leistungsbeschreibung) is decisive. Where it sets out different service levels for individual plans, these take precedence over the standard values below.

• “Service Hours” are the times during which the Provider provides support and during which response times run: daily from 9:00 to 22:00 (CET/CEST), including weekends and public holidays.
• “Operating Time” is the total time of a calendar month less the scheduled and announced maintenance windows.
• “Downtime” is the period within the Operating Time during which the Software cannot be used at the Transfer Point as described in the Service Description due to a circumstance for which the Provider is responsible.
• “Transfer Point” is the router exit of the data centre used by the Provider to the internet. The Provider does not owe the establishment and maintenance of the data connection between the Customer’s IT system and the Transfer Point.
• “Incident” is a deviation of the Software from the contractually owed quality as set out in the Service Description.
• “Response Time” is the period between receipt of a proper incident report from the Customer within Service Hours and the start of processing by the Provider.

The Provider makes the Software available with reasonable care and endeavours to achieve the highest possible availability at the Transfer Point in line with the state of the art. No specific availability rate is guaranteed; in this respect, the Provider owes best efforts only.

The Software is deemed available if its essential functions as described in the Service Description can be used at the Transfer Point. Insignificant impairments are disregarded. The Provider’s monitoring systems are decisive for the assessment; the Customer remains free to prove a different availability.

The Provider is entitled to carry out scheduled maintenance. Where possible, it will schedule such work during low-usage periods and announce it to the Customer with 72 hours’ notice in an appropriate manner (e.g. by email or within the Software). Announced maintenance windows do not count as Downtime.

The Provider may carry out urgent maintenance that cannot be postponed, in particular to close security vulnerabilities or to avert acute risks to operations, without prior notice; as a rule, such maintenance lasts no longer than 60 minutes. The Provider will inform the Customer without undue delay. These periods do not count as Downtime either.

During Service Hours, the Provider provides the Customer with support for receiving and processing incident reports. Support is provided in German and English. The content and scope of the support services are otherwise set out in the Service Description.

Incident reports can be submitted by email to support@tablario.com or by phone using the support number provided to the Customer by the Provider. Reports received outside Service Hours are deemed received at the start of the next Service Hours.

• Class 1 (critical): The Software or one of its core functions has failed completely or cannot be used; no reasonable workaround is available.
• Class 2 (serious): Use of the Software is significantly impaired, but a reasonable workaround is available.
• Class 3 (minor): There is an insignificant impairment that does not restrict, or only marginally restricts, the use of the Software (e.g. purely graphical or cosmetic deviations).

The Provider classifies an incident at its reasonable discretion, taking into account the information provided by the Customer.

The Provider endeavours, as a rule, to begin processing reported incidents within 24 hours of receipt of a proper incident report (initial response). Processing is prioritised according to the incident class; Class 1 incidents are handled with priority.

Once processing has begun, the Provider works with appropriate urgency towards resolving the incident or providing a reasonable workaround. No specific restoration time is guaranteed; in this respect, the Provider owes best efforts only.

The Customer must report incidents without undue delay after discovery via one of the channels set out in Section 5, providing as precise and comprehensible a description as possible of the incident, its effects and the steps to reproduce it.

The Customer supports the Provider in narrowing down and resolving incidents to a reasonable extent, in particular by naming a contact person, providing the necessary information and participating in tests. Response times are extended by periods during which the Provider is prevented from processing due to insufficient cooperation by the Customer.

Periods during which the Software cannot be used, or can only be used to a limited extent, for any of the following reasons do not count as Downtime and are disregarded when assessing availability:

• announced scheduled maintenance and urgent maintenance (Section 4);
• force majeure and other events for which the Provider is not responsible, including large-scale disruptions of the internet or telecommunications networks;
• circumstances outside the Provider’s area of responsibility, in particular disruptions of the data connection beyond the Transfer Point, errors in hardware or software used by the Customer, and disruptions of third-party services;
• circumstances for which the Customer is responsible, in particular use of the Software in breach of contract;
• security or content measures taken by the Provider in accordance with the AGB;
• attacks by third parties (e.g. DDoS), provided that the Provider has taken protective measures in line with the state of the art.