SERVICE LEVEL AGREEMENT (SLA)

The Service is provided “as is” as standardized service; the right to use is not conditional or tied to a specific version or functionality at a certain time, but allows access to and use of the Service as is at all times.

Sokkel reserves the right to make improvements, add, modify or remove functionality, or correct any errors or defects in the Service at its sole discretion, without any obligation or liability resulting from such act or defects. Sokkel will however not remove functionality which in Sokkel’s reasonable opinion must be considered as core functionalities for a service such as the Service.

Sokkel and the Customer agree that the Service will not always be completely free of errors and that the improvement of the Service is a continuous process. The Customer is also aware that successful use of the Service is dependent on equipment and factors (such as sufficient internet connection) that the Customer has the responsibility for. Sokkel is not liable for the discontinuance or disruption of the operation of the Service caused by the Internet or any third party service the Customer needs in order to access the Service, including operating systems etc.

Third party software and operating system updates etc. may influence the usability of the Service, and Sokkel has no responsibility in this regard.

Sokkel will however always use best efforts to accommodate and develop the Service for updates etc. on supported operating systems.

Sokkel is only responsible for the functioning of the Service as such, and undertakes the following obligations regarding error handling with regards to the Service:

• Sokkel will provide support to the Customer during normal business hours (0900-1700 CET, Monday to Friday, excluding public holidays in Norway) via email and chat.
• Sokkel will use reasonable efforts to correct errors in the Service as soon as possible, in accordance with the error categories and repair times set out below.

Error categories and repair times:

• Critial (A): All or material parts of the Service are unavailable and critical business functions cannot be performed. Repair time: One (1) business day.
• Serious (B): The Service is able to perform standard functions, but the Service performance or functionality is severely degraded or limited. Repair time: Three (3) business days.
• Less serious (C): Non-critical functions do not work and this has little or no business impact. Repair time: Continuously.

The repair time stated in the table above starts when the Customer has given Sokkel notice of the error and sufficient information to assess and understand what the error comprises. Notice shall be given by written e-mail to support@Sokkel.com or via Sokkels’s online chat channel, available both within the Service and on sokkel.io.

If Sokkel has not succeeded in curing a category A or B error within the repair time stated, the Customer is entitled to a period of free extension of the service, and must claim such free extensions within 90 days after the error notification was sent to Sokkel. The free extension for failing to meet the repair time for category A errors shall be 14 days. For category B errors the free extension shall be 4 days. For category C errors no free extension is given. Total free extension periods per year is limited to 28 days. The above described free extensions shall be the only claim the Customer may be entitled to in case of failure to meet the repair times stated above.

A category A error lasting more than 10 days is considered a material breach. The same applies for a category B error lasting more than 20 days.

Planned downtime is not considered an error. Downtime may be necessary to perform updates or maintenance in hardware or software from time to time. Sokkel may have planned downtime up to 10 times each calendar year. Planned downtime shall always be notified at least five (5) business days in advance and shall be done outside of normal business hours (0900-1700 CET) if possible. For planned downtime of up to 24 hours, notification shall be given at least ten (10) days’ in advance. Planned downtime according to this clause is not considered as a breach of contract.

Sokkel may use sub-contractors to provide the Service including all support and maintenance. To the extent a subcontractor processes personal data for which the Customer is a data controller, the Data Processing Agreement sets out requirements in this regard.

Sokkel shall provide backup of the Customer’s data, to restore it after a data loss event.

For support purposes, Sokkel has internal administrators who can access Customers’ data. Sokkel will never access Customers’ data without prior approval from the Customer. Logs are kept of any access by Sokkel administrators.