Service Level Agreement

This Service Level Agreement (“SLA”) is effective as of the effective date of an applicable signed order form (such form an “Order Form” and such date the “Effective Date”) and is by and between Digita BV, with a place of business at Breydelstraat 34-40, 1040 Brussels, Belgium (“Digita”), and the customer set forth on the Order Form (“Customer”) (each a “Party” and together the “Parties”). In the event of any inconsistency or conflict between the terms of the SLA and the terms of any Order Form, the terms of the Order Form control.

The Parties agree as follows:

1. General Service commitment

Availability. Digita will use commercially reasonable efforts to make available in at least 99.8% of the times during any monthly billing cycle (the "Availability Service Commitment").

Performance. Digita will use commercially reasonable efforts to make sure that the time to first byte for HTTP GET requests on will in 95% of the times be less than 1 second during any monthly billing cycle (the "Performance Service Commitment").

Capacity. Digita will use commercially reasonable efforts to make sure that can, for Customer, process at least 50 requests per second and can handle at least 25Mb per second for 95% of the time during any monthly billing cycle (the "Capacity Service Commitment").

2. Support Service commitment

Digita's support can be reached 24/7.

Digita will use commercially reasonable efforts to provide the following target support service levels:

Incident classificationDefinitionTarget response timeTarget recovery timeTarget update notification
P1Disruption of the entire service or incident with a severe security risk.10 minutes4 hoursEvery 30 minutes
P2Disruption of a part of the service or a part of the end users. An incident without a sever security risk.10 minutes8 hoursEvery hour
P3A non-blocking disruption without security risks.30 minutes72 hoursEvery 4 hours
P4A disruption that only impacts an individual end user or small group of end users.30 minutes5 working daysEvery day

3. Exclusions

The Service Commitments of Section 1 and 2 do not apply to any unavailability, suspension or termination of Services, or any other or Services performance issues: (i) caused by factors outside of our reasonable control, including, without limitation, any force majeure event or Internet access or related problems beyond the demarcation point of Services; (ii) that result from any actions or inactions of you or any third party; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension and termination of your right to use Services in connection with any breach by you of the Terms of Service or otherwise in accordance with the Terms of Service (collectively, the " SLA Exclusions").

4. Definitions.

The following definitions shall apply to the SLA.

  • "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
  • "Services" means the products and services that are ordered by Customer from Digita in an Order Form referencing this SLA. Services exclude any products or services provided by third parties, even if Customer has connected those products or services to the Services.
  • "Error Rate" means the number of Valid Requests that result in a response with HTTP Status 500 and Code * "Internal Error" divided by the total number of Valid Requests during that period. Repeated identical requests do not count towards the Error Rate unless they conform to the Back-off Requirements.
  • "Back-off Requirements" means, when an error occurs, the Application is responsible for waiting for a period of time before issuing another request. This means that after the first error, there is a minimum back-off interval of 1 second and for each consecutive error, the back-off interval increases exponentially up to 32 seconds.
  • "End users" means users having a personal account.