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Service Level Agreement
This Service Level Agreement (“SLA”) between Tradecloud B.V. (“Tradecloud”, “us” or “we”) and users of the Aptible Services (“you”) governs the use of the Services under the provisions of the terms (the “Terms”).
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
This SLA applies separately to each of your Tradecloud Environments, as defined in the Terms. This SLA does not apply to test or acceptance environments.
1. Tradecloud Service Commitment: 99.5% Uptime
Tradecloud will use commercially reasonable efforts to make your Services running available with a Monthly Uptime Percentage of at least 99.5% (during business hours, excl. planned maintenance) during any monthly billing cycle (the “Service Commitment”).
See the statuspage on our actual performance.
2. Problem Response Times
The response time (during business hours) per incident will vary upon the degrees defined below:
| Level | Criteria | Response Time |
| 1 | Unplanned interruption rendering the Services un-Available; no work-around | 2 hours |
| 2 | Unplanned interruption rendering the Services un-Available; work-around available | 4 Hours |
| 3 | Services are un-Available for a single User or small percentage of users affected | 2 Business Days |
| 4 | Intermittent problem | 3 Business Days |
3. Definitions
“Maintenance” means scheduled Unavailability of the Services, as announced by us prior to the Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to Tradecloud’s fault. This excludes (a) containers that are unreachable or not running because the container’s provisioned resources (RAM, CPU, disk, as applicable) are insufficient; and (b) members of a database cluster where the cluster as a whole is running and reachable.
4. SLA Exclusions
The Service Commitment does not apply to any Unavailability:
- That results from a suspension or Remedial Action, as described in the Terms;
- Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Tradecloud network;
- That results from any actions or inactions of you or any third party;
- That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
- That results from failures of Services not attributable to Unavailability; or
- That results from any planned Maintenance.
5. Roles & responsibilities
Tradecloud:
- All platform related technical issues
- All functional issues related to the portal
- Data provided by Tradecloud
- Interfaces hosted by Tradecloud
- Key user support
The customer and/or user:
- All ERP related technical issues
- Data provided by the ERP system
- Interfaces hosted by the customer
- End user support