Service Level Agreement

Table of contents

    • General agreements
    • Article 1 – Principles
    • Article 2 - Definitions
    • Article 3 - Services
    • Article 4 - Incident management and help desk
    • Article 5 - Resolving Incidents
    • Article 6 - Service Windows, prioritization of Incidents and service levels
    • Article 7 - Standard and non-standard changes
    • Article 8 - Consultation
    • Article 9 - Availability Level
    • Article 10 - Backup and recovery
    • Article 11 - Quarterly report and evaluation consultation
    • Article 12 - Preconditions and Assumptions
    • Article 13 - Fees
    • Article 14 - Applicability of General Conditions, Terms and termination

 

General Agreements

  • AllYourBI and the Customer have entered into a collaboration in the field of business intelligence support services (hereinafter referred to as BI Services) and have concluded an Agreement and processing agreement, in the course of which the General Terms and Conditions of AllYourBI are declared applicable by the Parties. 
  • The BI Services have been delivered and accepted by the Customer following the Agreement and the Parties now wish to conclude a service level agreement (hereinafter referred to as the ‘SLA’) regarding the Business Intelligence support provided by AllYourBI based on the Agreement (hereinafter referred to as BI Support). 
  • The BI Services are integrated into the Data platform owned by the Customer and the availability and other functionalities play an important role in this SLA. 
  • The relevant agreements between the parties are recorded in this SLA. 

 

Article 1 – Principles

  1. The SLA establishes the minimum standards of the performance measurements regarding the availability of the Data platform that are necessary for the BI Services to function.
  2. The SLA establishes the BI Support that AllYourBI will provide regarding functionalities and availability of the BI Services.
  3. AllYourBI makes a best-efforts commitment regarding the availability and functionality of the BI Services and BI Support and strives to ensure the BI Services are available and can be used by the Customer. All commitments and performances of AllYourBI referred to in this SLA have the nature of a best-efforts obligation, not a result obligation.
  4. This SLA is concluded for 12 months, commencing on the date on which the BI Services are delivered, and is automatically extended continuously for a period of 12 months unless one of the Parties, at the latest one month before the expiry of that 12-month period, cancels the SLA in writing.
  5. The Parties will evaluate the BI Support no later than one month before the end of the term of the SLA, in the course of which the Parties will record changes in the SLA regarding the BI Services and/or BI Support in writing.
  6. Interim changes regarding the BI Services and/or BI Support can be discussed on request and are agreed on in writing and recorded in changes. The proposed changes will be recorded in a changes document that is signed by both Parties and forms part of this SLA. The changes document contains, among other things, a calculation of the additional costs to be incurred by AllYourBI to implement the agreed changes. The Parties agree that AllYourBI will invoice this amount to the Customer and that the Customer will pay this invoice or these invoices within the agreed payment term.

 

Article 2 - Definitions

  1. Availability: the extent to which the Data Platform is available so that the BI Services are accessible to the Customer’s Authorised Users.
  2. Availability Level: the extent to which the Data platform is accessible to the Authorised Users, for which a percentage is used.
  3. Changes: all changes to the BI Services and/or BI Support regarding functionality and availability must be recorded in accordance with Article 7. Changes are classified into different categories, namely (1) emergency changes, (2) standard changes (with high and low priority) and (3) non-standard changes (including updates from AllYourBI to overcome structural problems).
  4. Contact Person or Contact Persons: the persons who represent the Parties as set out in Appendix 3.
  5. Service Level of data platform: a specific description of the minimum Service Level of the Customer’s Data Platform, as set out in Appendix 1.
  6. Functionality or Functionalities: the degree of certainty that the data is processed as defined in the Agreement.
  7. Incident or Incidents: any malfunction that relates to the availability and Functionalities of the BI Services provided. An Incident is reported by the Customer by telephone or e-mail to the relevant Contact Person of AllYourBI during the Service Window as set out in Article 6.
  8. Service Window: as defined in Article 6 of the SLA.
  9. Response Time: as set out in Article 6 of the SLA.
  10. Recovery Times: the periods between the time an Incident report is received by AllYourBI and the resolution of that malfunction. All solutions regarding the resolution of malfunctions are recorded by AllYourBI in a backlog, logbook or e-mail.
  11. Data platform: the Customer’s automated systems on which the BI Services run as set out in Appendix 1.
  12. BI Support: all agreed activities performed by AllYourBI, which are necessary to guarantee the availability and functionality of the BI Services.
  13. Maintenance Window: a planned period between 06:00 and 08:00 on working days, during which the Data platform and/or BI Services are not available.
  14. Priorities: a description of the seriousness of a malfunction as further described in Article 6.2 of this SLA.
  15. Changes Sheet: the document signed by the Parties regarding a Change.
  16. Authorized Users: persons designated by the Customer who have completed training from AllYourBI regarding the use of the BI Services.
  17. Response Times: the agreed times in which AllYourBI must respond after receiving a report of an incident or request from the Customer.
  18. Service Period: the period within which, among other things, the availability of the BI Services is measured.

Article 3 - Services

  1. AllYourBI provides the following agreed BI Support:
  • Help desk
  • Incident management
  • Availability Level of the Data Platform
  • Quarterly report and annual review
  • Performance management
  • Backup and recovery
  • Configuration management

Article 4 - Incident management and help desk

  1. AllYourBI provides a help desk that acts as an integrated point of contact for all Incidents relating to the use of the BI Services and the data platform for the Customer. AllYourBI appoints a coordinator who receives and processes all reports from the help desk.
  2. Based on the criteria set out in the SLA, each Incident will be classified in a certain priority category based on its nature and consequences for the use of the BI Services and/or Data platform.
  3. Incidents can be reported by the coordinator by telephone or e-mail to the AllYourBI help desk.
  4. The Response Time of AllYourBI to an Incident is specified in Article 6.3 of this SLA.
  5. AllYourBI must resolve an Incident within the specified Recovery Times described in Article 6.3 of this SLA.
  6. If AllYourBI establishes that the source of the Incident is the result of incorrect use of the BI Services or Data platform by the Customer or another party, AllYourBI has the right to invoice the Customer for these costs based on the rates stated in Appendix 1. The Customer must pay the relevant invoices within the agreed payment term.
  7. To prevent malfunctions, AllYourBI analyses the Incidents on a regular basis. AllYourBI shares the conclusion of this analysis with the Customer. This also forms part of the quarterly reports. AllYourBI sends the Customer quarterly reports with regard to the services set out in Article 3 of the SLA.  After these quarterly reports are discussed, the Parties decide whether a change must be made in the BI Services and/or the data platform system in order to structurally resolve certain Incidents. AllYourBI has the right to charge costs for this in accordance with Appendix 3.
  8. AllYourBI will first perform a remote analysis to assess whether there is an Incident. If this is not possible, AllYourBI will send a designated person to the Customer’s location to resolve the Incident.

 

Article 5 - Resolving Incidents

  1. Resolving Incidents is also referred to as corrective management and involves resolving malfunctions concerning the BI Services and/or Data platform.
  2. An Incident will be resolved within the agreed Response Time and Recovery Time after receiving an Incident report as agreed on in this SLA.
  3. If AllYourBI determines that the Incident is caused by a defective component of the Customer, the Customer will ensure it is repaired or replaced within the specified Response Time and Recovery Time. If AllYourBI determines that the Incident is partly caused by a defective AllYourBI component, AllYourBI will ensure it is repaired or replaced within the specified Response Time and Recovery Time.

 

Article 6 - Service Windows, prioritization of Incidents and service levels

 Service Windows         Description

Monitoring 24 hours a day x 7 days a week
Service period Working days between 08:30 and 17:00
Help desk accessibility Working days between 08:30 and 17:00
Rectifying breakdowns Working days between 08:30 and 17:00
Implementation of standard changes Working days between 08:30 and 17:00
Changes with disruption of functionality on behalf of Customer Working days between 08:30 and 17:00
 

Maintenance

Working days between 06:00 and 08:00

 

  1. Maintenance is in principle performed by AllYourBI without disrupting the functioning of the BI Services and/or Data platform. If such maintenance is required, this will only take place between 06:00 and 08:00. If maintenance has to be carried out, AllYourBI will consult with the Customer about this.
  2. If the BI Services and/or Data platform is not available, AllYourBI will communicate this in writing in advance to the coordinator appointed by the Customer, providing the following information:
  • the time frame of the maintenance window
  • expected duration of maintenance

 

 

Priority Description
1 Power BI Service or Data Platform is not

available and/or does not function at all.

2 Partial disruption of the availability

and/or functionality of the BI Services or ICT system (high priority).

3 Issues with limited impact on Customer

(low priority).

 

3. The Customer is authorized to demand a maintenance window to be adjusted on economic grounds. In that case, the maintenance window will be scheduled at another time as soon as possible.

 

Priority Table for Incidents

 

Service levels

Response time 

AllYourBI will propose a temporary or permanent solution within the Service Window with regard to the Incident within the stated Response Time, which starts after receipt by AllYourBI of an Incident:

 

Priority Response time
1 1 hour
2 8 hours
3 24 hours

 

Recovery time

  1. The Recovery Time of an Incident is the period within which AllYourBI resolves the Incident. AllYourBI has the right, if necessary, to temporarily resolve an Incident to ensure the BI Services are operational again as soon as possible before making efforts to find a permanent solution.
  2. An Incident is resolved subject to the agreed Recovery Time and Response Time, after which the Incident is considered resolved. If an Incident is temporarily resolved, AllYourBI will strive to find a permanent solution to the Incident as soon as possible.
  3. The Incident will be resolved within 24 hours, subject to the applicable Service Window.
  4. Incidents may consist of any impediment experienced by the Customer with regard to the BI Services and do not have to be a malfunction.
  5. In the event of Incidents resulting from equipment failures beyond AllYourBI’s responsibility, the Recovery Time will be suspended until replacement parts are available for AllYourBI and these parts have been replaced and are operational again.  during the Service Window.
  6. After the expiry of the Response Time, AllYourBI will use the following Recovery Time for each Incident within the Service Window:

 

Priority Recovery time
1 24 hours
2 72 hours
3 As soon as possible

Article 7 - Standard and non-standard changes

  1. Emergency changes, standard changes (with two priorities), and non-standard changes are implemented based on this SLA.
  2. Non-standard changes are implemented on a project basis and charged separately at the agreed prices and rates. A price indication will first be given for approval by signing a Changes Sheet. After approval from the Parties, the non-standard change will be implemented.
  3. Except for emergency changes, standard changes and non-standard changes are implemented after signing a Changes Sheet.
  4. Emergency changes are immediately implemented by AllYourBI after the coordinator has reported them to AllYourBI. If an emergency change is needed, AllYourBI will consult with the Customer about the work to be performed and the intended costs. AllYourBI will draw up a Changes Sheet and the Customer will sign it after approval. The emergency change will only be implemented by AllYourBI if the Customer agrees to the costs.
  5. The Customer’s contact persons are responsible for monitoring the Response Time and Recovery Times of each Incident. AllYourBI depends on the Customer for the prompt provision of the correct information needed by AllYourBI to resolve the Incident. The Customer will immediately provide AllYourBI with the correct information and procedure. The Response Time and Recovery Time, as well as the Availability Level of the Data platform, will commence the moment the Client has provided AllYourBI with the requested information.

 

Types

 of changes

Response Time after Incident reporting Deadline 

for resolution 

Emergency changes (Priority 1) 13 hours As soon as possible
Standard changes (Priority 2) 6 hours As soon as possible
Standard changes (Priority 3) 8 hours As soon as possible
Non-standard changes 9 hours As soon as possible

 

Article 8 - Consultation

  1. The Parties will consult once a quarter on the basis of the quarterly reports prepared by AllYourBI. During those consultations, the Parties will discuss operational matters, as well as tactical and strategic matters.
  2. AllYourBI will report to the Customer in writing on the basis of a quarterly report within 14 days of the end of a quarter, in accordance with the parameters agreed on in the SLA. The parameters are as follows:
Category Description
Incidents Overview of the total number of reported Incidents in the indicated period with:

  • Priority
  • Number of malfunctions
  • Description
  • Status
  • Response time
  • Recovery time
  • Method of handling service request

 

Category Description
Problems Total number of problems created and/or reported for the specified period with:

  • Priority
  • Description
  • Status

 

Category Description
Changes Total number of changes logged and/or implemented, including status and schedule when they are implemented:

  • Priority per change
  • Description per change
  • Method of handling per change

 

Category Description
Availability Expressed in:

availability percentage (Service Window hours minus downtime (call-to-fix times) versus Service Window hours).

 

Category Description
Security Overview of security incidents expressed in:

  • Description
  • Status

 

Category Description
Backup and recovery Overview of events expressed in:

  • Description
  • Status

AllYourBI also periodically reports to the Customer’s contact person on an operational level.

Article 9 - Availability Level

  1. The Availability Level of the BI Services is at least 99% measured every quarter during the aforementioned agreed Service Windows.
  2. The availability percentage excludes the period in which the malfunctioning of the BI Services and/or Data Platform is caused by defective functioning of an Internet or VPN connection.
  3. AllYourBI will, as soon as possible, ask the Customer for written consent for each maintenance window, and in any event at least 48 hours before the proposed maintenance window.
  4. The Parties agree that in the event of a conflict between the Parties, the implementation of the SLA will not be stopped or suspended.
  5. The Availability Level included in this SLA is issued on the basis of a best-efforts obligation and cannot be guaranteed because the availability and functionality of the BI Services and/or ICT systems depend on factors beyond AllYourBI’s control.

 

Article 10 - Backup and recovery

  1. AllYourBI will make a daily backup of the Data platform. This backup is intended to make data available to the Customer again if an outage has occurred or if the Customer has lost access to that data for other reasons.
  2. AllYourBI keeps the backups for 12 months.

 

Article 11 - Quarterly report and evaluation consultation

 

  1. Annual evaluation

Once a year, the services provided by AllYourBI are fully evaluated by the Parties. This consultation is held between the contact persons of the Parties, possibly together with other representatives of both organizations. During the evaluation consultation, the Parties discuss the performance of the BI Services and Data platform over the past year. They will also coordinate services in general and deployment of people and resources concerning changes or changing technological possibilities in particular. Changes or the desirability thereof are also discussed. AllYourBI and the Customer will evaluate the SLA once a year. This evaluation may lead to changes to or cancellation of the SLA following Article 14.

 

  1. Tactical consultation

A tactical consultation is held by the contact persons of both parties, possibly together with the representatives of both parties. The following issues will be discussed during the tactical consultation:

  • reports
  • procedures
  • organisational issues
  • projects
  • relevant new developments
  • troubleshooting
  • changes

 

3. Operational consultation

 

The contact persons discuss operational issues. The reports form part of these discussions.

 

Type of consultation: Frequency:
Strategic Once a year
Tactical Once a quarter
Operational Once a quarter

 

4. Quarterly report

 

The quarterly report is discussed during the quarterly meeting. The services (Article 3) are visualized in the quarterly report.

 

 

Article 12 - Preconditions and assumptions

  1.  Availability of systems, the Internet and other – connection, any required hardware, authorizations.
  2. If AllYourBI suspects that any part, hardware or software, of the Customer’s IT system is defective, the Customer will ensure the defective hardware is repaired within the Recovery Time specified by AllYourBI as formulated in Article 6 of the SLA.  The Customer is responsible for replacing defective hardware and software.
  3. All communications regarding the progress of the BI Support take place between the Contact Persons, except for the reporting of the Incidents. The coordinator appointed by the Customer is responsible for all communications related to the Incidents and it is his or her responsibility to fully inform the Contact Person of all matters relating to Incidents. The Contact Persons, in turn, provide communication to all other persons or parties.  The names of the Contact Persons and these other persons and their powers are set out in Appendix 3.
  4. Each of the Parties will promptly notify the other Party of any series of operations or changes to its organization or systems that may affect the BI Services.
  5. AllYourBI offers data links (connectivity) with sufficient capacity to use or run BI Services and BI Support remotely via the data connections.
  6. All connectivity and maintenance on AllYourBI sites required to provide the BI Services and BI Support are the sole responsibility of the Customer.

 

Article 13 - Fees

  1. The prices and rates for BI Support services to be provided by AllYourBI in accordance with this SLA are set out in Appendix 4.
  2. The fee for the service is invoiced monthly or annually in advance.
  3. All prices and rates are exclusive of turnover tax (VAT).
  4. For support outside the agreed Service Windows, if and to the extent specified in Appendix 4, a separate surcharge applies.
  5. Maintenance of the BI Services or Data platform is included in the fee set out in Appendix 4.

 

Article 14 - Applicability of General Conditions, term and termination

  1. The Parties confirm that the General Terms and Conditions for Business Intelligence of AllYourBI, and the Confidentiality agreement signed by both parties apply to this SLA. Any reference to the Customer’s terms and conditions will not be accepted and the Customer’s terms and conditions are explicitly rejected.
  2. The SLA is concluded for 12 months from the day of delivery and acceptance of the BI Services as stipulated in the Agreement concluded between the parties on [date]. After 12 months, the SLA is automatically extended, each time for 12 months, unless the SLA is terminated in writing by one of the Parties one month before the expiry of the agreed term of the SLA.