Service Level Agreement

This is a Service Level Agreement (SLA), effective as of the date, on which this Agreement is signed by the last party (“Effective Date”). This document identifies the services required and the expected level of services. 

Agreement Overview

Definitions, Conventions, Acronyms, and Abbreviations 

Type of Service: Software as a Service (SaaS) service for calculating Corporate Carbon Footprint for the Customer + its Providers in Carbondeck Software.

Duration & Parameters

This section specifies the contractual parameters of this agreement: 

1. Modifications, amendments, extension and early termination of this SLA must be agreed by both signatory parties.
2. This SLA is effective as of signature date of the User Agreement between Climateware and Customer and will remain in force as long as the User Agreement signed between the Parties is effective.A review of this SLA by Service Provider and Customer may be conducted, if requested, by either Customer or Service Provider.
3. Modification requests must be submitted in writing via email to the Product Manager, with the IT Director in CC, or to the IT Director, directly.
4. Any additional purchases can be made by Customer.

Review or Monitoring

Upon mutual agreement, a revision may be made in this SLA. Unless there is a mutual agreement, interval for reviews is 1 year, at each renewal period. 

End-of-contract or liquidation terms. 

Provisions in the User Agreement between Semtrio and Customer will be valid. 

Refunds

Climateware will provide a partial refund for any paid modules where the Service Level Commitment is not met. For each day the Service Level Commitment is not achieved, Climateware will issue a refund equivalent to 1/30 of the monthly price. This calculation method applies to fixed monthly payment models, with details regarding any future billing models to be outlined in subsequent updates to this SLA.

2.1. Eligibility. 

To be eligible for a refund due to Climateware’s failure to meet the Service Level Commitment, customers must submit a ticket at https://help.carbondeck.io/request with all fields fully and accurately completed within fifteen (15) days after the end of the calendar month in which the alleged failure occurred. Customers may also need to provide additional requested information or documentation. 

2.2. Issuance. 

If Climateware confirms a failure to meet the Service Level Commitment (applicable only to future paid modules), Climateware will issue a refund against a future payment due from the customer. Customers' accounts must be fully paid, with no overdue payments or disputes, to be eligible for a refund. No cash refunds will be issued for beta or free products. 

2.3. Reseller Purchases. 

If a customer purchased the affected Cloud Product through a reseller, (a) either the customer or the reseller may submit a ticket as described in Section 2.1; and (b) any refunds will be based on the fees invoiced by Climateware to the reseller for the customer’s use of the affected Cloud Product under the applicable reseller agreement. Climateware will issue any associated refunds to the reseller (not directly to the customer), and the reseller will be responsible for issuing the appropriate amounts to the customer.

3. Exclusions

The Service Level Commitment shall become invalid if Customer is in breach of the Agreement (as defined below) or has not provisioned the relevant Cloud Product. The Service Level Commitment does not include unavailability to the extent due to: (a) Customer’s use of the Cloud Products in a manner not authorized under the Agreement; (b) force majeure events or other factors outside of Climateware’s reasonable control, including internet access or related problems; (c) Customer equipment, software, network connections or other infrastructure; (d) Customer Data or Customer Materials (or similar concepts defined in the Agreement); (e) Third-Party Products; or (f) routine scheduled maintenance or reasonable emergency maintenance as stated in the Climateware Maintenance Policy. The Service Level Commitment does not apply to (i) sandbox instances or Free or Beta Products (or similar concepts in the Agreement) or (ii) features excluded from the Service Level Commitment in the applicable Documentation.

Service Agreement & Service Description

The service for carbon footprint calculation instances will be available to Customers on 24x7 basis except for maintenances or other scheduled or application-specific maintenances outlined herein.

It is our aim to ensure that the services supporting the Software are deemed reliable in terms of availability and performance. Therefore, we will measure the reliability using Mean Time Between Failures (MTBF) and compute the average (by month and year) time between each “failure”. Semtrio will strive to achieve a MTBF of 876 hours at the minimum. A failure is defined as any infrastructure-related incident causing the Software to be unavailable wholly or partially. This can also include severe performance degradation.

The target availability of the Software is >98%.

KPIs & Metrics

Service Levels, Rankings, and Priority 

Service Maintenance 

Maintenance includes but is not limited to: adding/removing/replacing hardware on servers or network, bringing new servers/versions/modules online, patching servers/workstations/network devices, installing new/updated software on servers/workstations/network devices, etc. The network and/or systems will be interrupted only if it is absolutely necessary.

Maintenance Windows: Standard, Non-Standard, Emergency

A Standard Maintenance Window has been established for all Climateware services, including the Software, between 09:00 – 14:00 GMT +3 on the first and third Wednesdays and Sundays of each month. 

If there is a need for a change outside the hours of the Standard Maintenance Windows, the resulting Non-Standard Maintenance Window will require a formal approval from the Customer. 

It is understood that in some circumstances, Emergency Maintenance Windows will be required. 

Maintenance Notifications/Announcements 

Climateware will announce all Maintenance Windows (Standard, Non-Standard and Emergency) including which services will be affected and approximate durations, in the following ways: 

1. In the Software interface
2. Via e-mail to the Customer: Customer must provide an e-mail address our group of e-mail addresses to be added to the distribution list. And update this list in case of any change/update.

Exceptions and Limitations

This SLA is subject to the following exceptions and special conditions: 

• Response to requests of Severity Level 4 or below by [Customer] can be delayed up to 24 hours during the aforementioned holiday season.
• On the days that coincide with the official holiday, even if it is a weekday, the answer will be given according to the level, starting from the next business day.

Service Management

Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components. 

Service Availability 

• Email support: Monitored 9:00 A.M. to 5:00 P.M. (GMT +3) Monday – Friday
• Emails received outside of office hours will be collected, however no action can be guaranteed until the next working day

Service Continuity 

Service Continuity (Disaster Recovery) is hosted at a hot site at the AWS (Amazon Web Services) facility in Frankfurt, Germany. If a disaster is declared, the Software will be recovered at the alternate location in the timescales outlined below based on how the application has been categorized.

Climateware’s primary mission in the event of a disaster invocation is to recover all production applications. Once complete, critical application processing will resume within a specified period of time following the declaration of an emergency outage. 

Service Scalability 

Climateware will scale the Service at the Customer’s request to allow for growth and/or redundancy. However, such scalability may be capped and will require lead time and extra costs. 

Service Security 

Services provided by Climateware will conform to Climateware’s security and data classification policies.

If it is determined that any component of the Software is adversely impacting service availability, e.g., a Denial of Service condition, Climateware reserves the right to terminate the Service immediately until the impacting condition is remediated.

Upon payment and the signature of the User’s Agreement, Customer will receive Access instructions e-mail. Please note that: 

• Climateware will be the sole possessor of root or administrator credentials to the server.
• Customer will be given an account with sufficient privileges to perform basic Service administrationg such as creating new admin&user accounts.
• Customer is responsible of setting a strong password (minimum 8 characters, contains at least 1 uppercase letter, 1 lowercase letter, 1 number and a special character. It is the Customer’s responsibility of securing the account information.

Service Management, Support & Escalation 

Handling and Response Times 

Climateware will work to resolve known/reported service problems and provide relevant progress reports to the Customer. 

Handling 

Requests for support will be fulfilled based on priorities indicated in Service Levels, Rankings, and Priority Article which are determined by urgency and level of impact. 

ACCEPTANCE 

IN WITNESS THEREOF, by execution by the parties below, this Service-Level-Agreement (SLA) will form a part of the User Agreement. 

Appendix 

Contact List 

Please note that the incident reporting should be done at support@climateware.com

Priority Definitions*

*hours represent service hours. E.g. the response deadline for a critical incident is 09.30 on Tuesday, if the incident is reported in 15:00 on Monday.

Note: Although the Company declares that it will make the necessary effort to fix outage and critical incidents outside of working hours, it does not make any commitments.