SERVICE LEVEL AGREEMENT (SLA)

Version 4.0 updated October 07th, 2019

This SERVICE LEVEL AGREEMENT (the “SLA”) is made and entered into the Effective Date of the MASTER SERVICE AGREEMENT (the “MSA” or the “Agreement”) by and between the Contractor and the Customer.

Now therefore it is agreed as follows:

  1. Definitions
    1. In this SLA the following words have the meanings set out below:
      • “APDEX (Application Performance Index)” means an index for measuring performance of software applications: where:
        • “Satisfied count” means the number of operations completed in T or less.
        • “Toleratring count” means the number of operations completed in 4T or less.
        • “T” means the target time for the operation completion.
      • “Compensation” means a sum of money which Contractor compensates to Customer in case of Incident.
      • “Critical data” means Client information related to the unique client identificator issued by Mindbox Service. Such data can be viewed and used for processing via Mindbox Service interface.
      • “DDOS attack” means a denial-of-service attack (DoS attack) and distributed denial-of-service attack (DDoS attack).
      • “Incident” means an event that meets the type and criteria of one or more situations from Table of Incidents.
      • “Mindbox Service Documentation” means documentation placed into Mindbox Service interface.
      • “Monitoring tool” means New Reliс service (newrelic.com) that allows Parties to monitor Mindbox Service performance or other monitoring tools used by Contractor.
      • “RPM” means requests per minute.
      • “RPS” means requests per second.
      • “Table of Incidents” means a table with a list of Incidents therein.
    2. Any other words contained herein have the same meaning as in Agreement.
  2. Table of Incidents
    1. Type and criteria of Incidens Compensation period Compensation rate Exceptions
      Disruptions that block client service for Customer
      APDEX of the requests for synchronous operations related to discounts and bonus points calculation is less than 0.9 (T = 0.5 sec) Every minute 0,14% RPM > 1000
      APDEX of the requests for synchronous operations related to orders processing is less than 0.9 (T = 1 sec) RPM > 500
      Disruptions in personalisation mechanics that caused inoperability of Customer’s website including failure of display (layout) of Customer’s client interfaces;
      APDEX of the mechanic drawing is less than 0.9 (T = 0.5 sec). APDEX is calculated from the beginning of the marketing mechanic code loading till the graphic display of the mechanic.
      0,07% Changes in Customer’s website layout made by Customer if they caused the problems with the display of personalization blocks;
      Custom javascript code, like A/B testing or special targeting conditions;
      Adblockers and other software, that blocks javascript;
      RPM > 500
      APDEX of the requests for synchronous operations related to display of Customer’s client interfaces is less than 0.8 (T = 0.5 sec) RPM > 500
      More than 5% of transactional messages are not sent due to exceeding the validity period Emails more than 100 Kb;
      Email template generation requires to wait for the third-party system response
      Disruptions in marketing mechanics
      Automatic mechanics work incorrectly Every 24 hours 0,75% The settings entered by the user are incorrect
      Impossible to launch new mechanics or modify existing ones Every 24 hours 2% An alternative solution was provided in 24 hours;
      The problem was solved in 24 hours.
      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 Every hour Emails more than 100 Kb; Email template generation needs queries to third parties systems.
      Other disruptions
      Loss of Critical data Every 24 hours of data loss 8%
      Response to Customer request by Means of communication is given more than within 8 business hours Every case 1%
  3. Incident detection
    1. In a case of Incident or suspicion Customer sends to Contractor a relevant notification within 7 days since the beginning of Incident.
    2. Within 2 business days after receipt of the relevant notification Contractor sends to Customer references to Monitoring tools’ reports which contain information if the Incident occurred. The incident may be also detected by Monitoring tool after it had finished.
    3. At the request of Customer Contractor is obliged to prepare a detailed technical report on Incident within 5 business days since the end of Incident.
    4. The time of Incident is a period of time the beginning and the end of which were stated by Parties by Means of communication.
    5. The deadline for the summarizing of Incidents which occurred in Accounting period is the 11th day of the following Accounting period. Only Incidents detected prior to the deadline could be compensated.
    6. Levels of escalation in a case of Incident detection or suspicion:
      • Contractor’s Customer support: support@mindbox.ru, intercom or other communication tool agreed by Parties.
      • Manager.
      • Lead manager.
  4. Compensation
    1. Contractor provides compensation in % of the cost of Subscription to Mindbox Service for Accounting period when Incident took place. Total % of compensation is calculated as the time of Incident divided into the relevant compensation period rounded up and multiplied by % according toTable of Incidents hereof.
    2. Compensations for Incidents caused by the same event are not cumulative and will be provided exclusively for Incident with the maximum % of compensation.
    3. Compensation is provided exclusively as a relevant deduction of the cost of Subscription to Mindbox Service for the following Accounting periods.
  5. Limitation of liability
    1. Notwithstanding anything herein to the contrary, Customer acknowledges and agrees that the liability of Contractor arising directly or indirectly, from any Incident herein is limited by Compensation.
    2. The total sum of Compensation could not exceed 100% of the cost of Subscription to Mindbox Service for relevant Accounting period.
    3. Contractor shall not incur any liability to Customer for any breach of its obligations hereunder or for any losses by the following events which shall not be considered as Incidents:
      1. Any scheduled time of disruptions agreed by Parties.
      2. Time for Contractor’s technical infrastructure maintenance:
        • Every Monday within the period from 3 a.m. to 4 a.m. Moscow time.
        • Every day, up to 10 minutes, at the time specified in Mindbox Service interface or agreed by Parties via Means of communication.
      3. Periods of disruptions that included less than 100 measured events (including API calls, messages sent, campaign’s operation) or periods of disruptions with RPM (or the frequency of measured events) less than 10 (less than 10 events per minute).
      4. Disruptions caused by Customer, his employees, agents, contractors or any third parties acted on his behalf, as a result of breach of compliance with Mindbox Service Documentation during or as a result of integration with Mindbox Service.
      5. Disruptions caused by disruptions in external services and tools: beefree.io, Microsoft Azure, readme.io, intercom, slack, mobile operators and other third parties. At the request of Customer Contractor is obliged to provide evidence of the disruptions in external services and tool within 10 days since the end of disruptions.
      6. Disruptions caused by directed network DDOS attacks.
      7. Disruptions caused by reasons beyond the reasonable control of Contractor which could not have reasonably been foreseen (force majeure), including but not limited to: statutory regulations that blocked service provision, injunctions, restrictive orders, wars, armed conflicts, terrorism, fire, flood, epidemics.
  6. Miscellaneous
    1. SLA is applied to Subscription to Mindbox Service and can not be applied to any other services provided by Contractor.
    2. SLA supersedes Agreement provisions and understandings, whether oral or written in connection therein.

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Previous version list of SLA:

SLA version 4.0 since January 16th, 2019
SLA version 3.0 since August 17th, 2018

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