SERVICE LEVEL AGREEMENT (SLA)

Version 4.0 since January 16th, 2019

1. Terms and Definitions
   1. “Monitoring system” shall mean the New Relic system (newrelic.com) that allow Parties to monitor Mindbox Service performance and other monitoring systems used by Contractor.
   2. “Critical data” shall mean Client information related to email, mobile phone or other external client identificators.
   3. All the other terms used in SLA have the same meaning as they have in Agreement.
2. General provisions. The incidents and the incident compensation
   1. SLA applies to Subscription to Mindbox Service and doesn’t apply to other services provided by Contractor.
   2. The list of situations that shall be recognized as incidents and applied compensations are defined in the table below:

      Type of the incident	Compensation period	Compensation (% of Subscription to Mindbox Service fare in Accounting period)
      Working in Mindbox Service is completely impossible, any software or web query to Mindbox Service returns an error	Every hour	2
      It is impossible to launch new campaigns using the connected functions of Mindbox Service or the running campaigns are working incorrectly	Every day starting from the second one, until being fixed or alternative solutions provided	2
      Speed of email sending is less than X emails per hour, where X = 200 000 + 0.1*[Number of Clients in database] but not more than 1 500 000. Applied only to emails 100 Kb and less	Every hour	2
      Synchronous API apdex of Mindbox Service is less than 0.8 (except services of import, export and other non-critical API with setting of non-participation in the apdex)	Every hour	2
      Loss of Critical data	Every 24 hours of data loss	2
      More than 5% of transactional messages per hour is not sent within five minutes	Every hour	2
      Response to Customer request by Means of communication is given more than in 8 business hours	Every case	1

   3. Compensation is provided exclusively in the form of a relevant reduction in Subscription to Mindbox Service fare. The liability of Contractor in respect of the incidents in Accounting period is limited to Subscription to Mindbox Service fare of this Accounting period and may not exceed 100%.
   4. The deadline for the summarizing is recognized as 11 (eleventh) day of the month following Accounting period. Only incidents that were identified until the deadline shall be a subject for compensation.
3. The incident detection
   1. In case of incident detection or of suspicion for its detection Customer shall send Contractor a corresponding request. Within 2 business days after the receipt of the relevant request Contractor shall send Customer references to the reports of Monitoring system detailing the presence or absence of the incident. The incident may be also detected after its ending according to Monitoring system.
   2. The time of the incident is a period the beginning and the end of which were fixed by Parties by Means of communication. At the request of the Customer the Contractor is obliged to prepare a detailed technical report on the incident that took place within 5 business days since the end of the incident.
4. Limitation of liability
   1. The following events shall not be considered as incidents:
   • any scheduled time of Mindbox Service unavailability agreed upon by Contractor and Customer;
   • periods of unavailability on every Monday within the period from 3 a.m. to 4 a.m. Moscow time for the purpose of Contractor’s technical infrastructure maintenance;
   • the unavailability caused by Customer or third parties working on his behalf, that integrated with Mindbox Service without compliance with documentation of Mindbox Service;
   • breaches of speed guarantees of email sending in case email template generation needs queries to third parties systems;
   • loss of data on Clients’ visits of sites (sessions) over a period of less than one hour including, but not limited to: the referral sources, devices, time of visit, abandoned shopping carts.
   2. Contractor shall not be responsible for unavailability caused by reasons beyond the reasonable control of Contractor, including but not limited to: wars, armed conflicts, terrorism, fire, flood, epidemics, directed network DDOS attacks, unauthorized access.

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Previous version list of SLA:

SLA version 3.0 since August 17th, 2018