Service Level Agreement

Supplementary agreement for the Business service package (Section 5(4) of the Terms)

This SLA governs availability, maintenance, support and service credits for the Biber DPP software-as-a-service platform in the Business service package and forms part of every contract for that package. The Terms apply in addition; for the matters governed here, this SLA prevails.

1 Availability

(1) The Provider makes the Platform available with an availability of 99.5 % per calendar month. The Platform is available when published product passports can be retrieved publicly and the console and the API respond to requests.

(2) Availability is measured by external monitoring at intervals of no more than five minutes. Availability (%) = (minutes in the month − downtime minutes) ÷ (minutes in the month − excluded minutes) × 100.

(3) Planned maintenance under clause 2 and the circumstances named in Section 5(2) of the Terms do not count as downtime. On request, the Provider evidences the measured availability of a calendar month in text form.

2 Maintenance

(1) Planned maintenance is announced by email at least 24 hours in advance and, where possible, carried out outside service hours, preferably on working days after 6 p.m. or at weekends. Planned maintenance amounts to no more than eight hours per calendar month.

(2) Urgent security measures may be carried out at any time without prior notice; the Provider informs the customer without undue delay afterwards.

3 Support and response times

(1) Service hours are Monday to Friday from 9 a.m. to 5 p.m. (CET/CEST), excluding public holidays observed nationwide and in Saxony as well as 24 and 31 December. Requests reach support by email at support@biberware.com.

(2) The response time is the time until the first qualified reply by a member of staff within service hours, not until resolution. An automatic acknowledgement of receipt does not count as a response.

(3) The Provider assigns the priority on the basis of the customer's description and reclassifies it in the light of new findings. Within service hours, the Provider works on P1 incidents with priority until they are resolved or a reasonable workaround is available. On request, the customer receives a short incident report.

(4) The customer reports incidents with a comprehensible description (feature affected, time, and where applicable passport ID and error message) and names a contact person.

4 Data backup

(1) The Provider backs up the Platform data continuously and in encrypted form at a remote location and verifies restorability quarterly. The backup serves the operation of the Platform; the customer's obligations under Section 10(2) of the Terms remain unaffected.

(2) Commitments on recovery time (RTO) and maximum data loss (RPO) exist only where separately agreed.

5 Service credits

(1) If availability falls below the level set out in clause 1, the customer receives a credit against the monthly fee for the month concerned:

(2) The customer claims the credit in text form within 30 days of the end of the month. It is set off against the next invoice and is not paid out.

(3) Credits are set off against claims for reduction of the fee and for damages arising from the same unavailability. The right to terminate for cause and liability under Section 15 of the Terms remain unaffected.

6 Scope

(1) This SLA applies to the software-as-a-service platform in the Business service package; for the Starter service package, the Terms apply exclusively. It does not apply to features designated as beta or preview (Section 4(3) of the Terms), to on-premises installations, or to onboarding and individually commissioned services.

(2) For Enterprise customers, extended service hours, shorter response times, RTO/RPO commitments and a named contact person may be agreed separately.