Service Level Agreement

Definitions

SLA or Service Level Agreement - This document; a contractual Agreement setting out the arrangements for the levels of Services. It lists the Services and the qualities of the Services.

General terms and conditions - The rules and conditions used when entering into an Agreement with Surver. These General Terms and Conditions are enclosed with the Agreement.

Client - The natural or legal person who has entered into an Agreement with Surver or to whom Surver has made an offer.

Surver - Where Surver is written in this document it refers to Surver B.V., which is registered with the Chamber of Commerce under Chamber of Commerce number 90020294.

Agreement - The Agreement between Surver and Client pursuant to which Surver will perform the Service.

MySurver - MySurver is a personal online customer portal where the Client can view and maintain records, order or upgrade services, track project statuses and monitor disruptions. MySurver is also the location where the Client keeps its contact details up to date.

Office hours - Monday to Friday from 09:00 to 17:00. The following public holidays are excluded from opening hours: New Year's Day, Easter Sunday and Boxing Day, King's Day, Ascension Day, Whit Monday and Boxing Day and Christmas Day and Boxing Day.

Service - The specific Service Surver agrees with Client, as stated in the Agreement, quotation or MySurver customer portal.

Operational management - Maintaining and operating the system and services running on it, as specified in the Agreement.

Emergency maintenance - Intervention on a situation that poses a direct threat to the stability/continuity integrity of the Service.

Operational management - Maintaining and operating the system and services running on it, as specified in the Agreement.

Availability - The time (in minutes) within the agreed measurement period during which the Service is accessible via the Internet, all as determined in accordance with the measurement method in Article 3.

Response times - The length of time in which a Surver employee responds to an observation or notification of Disruption. Automated responses are excluded here. Diagnosis or resolution of a Disruption are not necessarily the initial response.

Disturbances - All events that are not part of the standard operation of a service and that may cause an interruption or a reduction in service quality.

Downtime - The time period during which there is a disruption of Availability, as a result of which the Service cannot be accessed or used by the Customer.

Force majeure - Where there is a Force Majeure, including but not limited to breakdowns or failure of internet, telecommunications infrastructure, synflood, network attack, DoS attacks, DDoS attacks, power failures, domestic riots, mobilisation, war, transport disruption, strike, lockout business disturbances, stagnation in supply, fire, flood, import and export impediments and in the event that Surver is unable to deliver by its own suppliers, regardless of the reason, as a result of which Surver cannot reasonably be expected to comply with the Agreement.

Technical Support - The Client has the option of sending an email via support@surver.nl submit requests for Technical Support. These are activities that the Client would in principle perform itself, but for which the Client calls on Surver's expertise.

Request - A request for Technical Support which has to be paid by the hour. Surver has different rates for additional services. In this SLA, these are described in section 3.8.3.

General terms and conditions

This Service Level Agreement (SLA) is subject to the General Terms and Conditions which can be found on Surver's website (https://surver.nl/juridische/algemene-voorwaarden). The guarantees plus the corresponding penalty rates have the following additional conditions:

Contractual penalties are not cumulative. If there are multiple impacts due to one cause, one-time compensation will be paid.
In case of force majeure, contractual penalties cannot be claimed.
At payout penalty amount, there can be no claim for compensation.
Maintenance work, as defined in Articles 3.4 and 3.5 of the General Terms and Conditions, falls outside the warranty and is therefore not included in the measurements. If the Customer does not follow advice as stated in the section 3.4.2, all guarantees on the Service will lapse. Any default on these warranties will be rejected.

1. Introduction

This Service Level Agreement (SLA) describes the service in terms of management of the Internet Services as offered by Surver to the Client and the service levels, applicable to the Service.

This SLA is an integral part of the Managed cloud hosting & Managed Cloud hosting & management Agreement. This is subject to the General Terms and Conditions, as found on Surver's website (https://surver.nl/juridische/algemene-voorwaarden).

Managed means that Surver is responsible for the full operational management of the server. Any Disruptions will be remedied within a maximum of 6 hours. All under the conditions, as further explained in this document.

This SLA contains binding agreements on service quality parameters. Surver highly values accessibility and reliability. Therefore, agreements and guarantees regarding support and response times as well as the availability of the Virtual Private Server and the associated internet connection are laid down in this SLA.

This document further describes the obligations and rights of Surver and the Client. Any changes to this SLA may be recorded by means of an addendum at the request of the Client.

2. General

2.1. Duration of the SLA

This SLA takes effect on the date of delivery of the Service, unless the Agreement has not yet entered into force. In that case, the SLA enters into force on the day of the entry into force of the Agreement. The SLA has a term equal to that of the Agreement. If the Customer requires a different SLA form in the interim, this can only be adjusted per billing term.

3. Service description

3.1. Responsibilities

Under the Managed Performance Cloud SLA, Surver is responsible for the full operational management of the server.

Any Disruptions will be remedied within a maximum of 6 hours after detection or notification. The Client is solely responsible for the administrative management of the server, through customer access on the control panel provided by Surver.

3.2. Availability

Surver guarantees a Server Availability of 99.9% on an annual basis. This covers the services required to serve the website or application. Any Downtime caused by putting changes or adjustments made live in consultation with the Client, as well as Downtime caused by updates are excluded from the guarantee of Availability.

Downtime due to Force Majeure and problems on the Customer's own infrastructure shall not be included in the calculation of Availability.

Availability may be temporarily interrupted if:

Availability is calculated monthly by Surver as follows:

3.3. Measurements and quality monitoring

The Availability and Response Time is measured by Surver every other minute each by taking a sample of relevant data. An average is calculated from these samples. This average determines whether the set standards are exceeded.

If a sample cannot be taken (e.g. due to hardware-related failure of the relevant components), a notification is automatically sent to Surver. If Downtime is detected, Surver will report this on an online status portal. If the Downtime relates only to a Customer's Service, a direct notification will be sent to the Customer.

To enable the Client to monitor the extent to which Surver achieves the agreed performance standards, the Client will, where possible, be given access to an online status portal on which relevant information is displayed in real time.

3.4. Scheduled Maintenance - Managed cloud server

Every component within an IT infrastructure needs regular maintenance to ensure continued availability and reliability. Surver uses predefined maintenance windows to carry out Scheduled Maintenance. These are daily between 01.00 and 06.00.

When we talk about Scheduled Maintenance, obligations apply to Surver, as well as to the Client. These are defined below.

3.4.1 Surver obligations

3.4.2 Principal's obligations

3.5. Scheduled Maintenance - WordPress CMS

As part of the Service, Surver will - in accordance with and during the term of the Agreement - place the WordPress installation on the Service under maintenance. This means that Surver will periodically update the WordPress core, installed themes and plugins to the latest new stable software versions.

The maintenance performed concerns both corrective maintenance; aimed at fixing errors in the Service - and constructive maintenance; aimed at improving and updating the Service, as well as adding new functionalities and eliminating security risks.

Themes, plugins or other custom-programmed code are excluded from scheduled maintenance, as are plugins or themes without an active licence. Maintenance of these can still be carried out, in consultation on the basis of an hourly rate.

Updates are made every 2 months on a staging environment.

3.5.1. Staging environment

To avoid both user inconvenience and errors on the live site, updates are first extensively tested on a staging site. This protected environment can be accessed by the Client online via a unique link with a username and password.

After implementing the updates, the Client is notified and asked to check the staging environment for style and operation . After review and approval from both Surver and the Client, the updates are implemented on live site.

The staging environment should be used by both Surver and the Client for testing settings, plugins, new functionalities or other major structural changes to the website.

Per update round, bugs will be debugged free of charge up to a maximum of 60 minutes. Upon override, the Client will be contacted for a cost indication. After the Client's approval, work can continue.

3.6. Disturbances

The resolution of Service Disruptions by Surver falls within this SLA by default and Surver does not charge for this. Disruptions are all events that are not part of the standard operation of a service and that can cause an interruption or a reduction in the quality of service.

3.6.1. Response times

All Disruptions are divided into priority groups and these have their own Reaction Times. The Reaction Times and the penalty clause as in force in case of failure to meet these Reaction Times are listed in Section 4.

3.6.2 Erroneous notifications

Surver continuously monitors its systems and those of its customers. In the event of a possible Disruption, Surver's employees are notified immediately. In principle, it is therefore not necessary for the Client to report a Disruption.

However, the Client may report a Disruption when it is detected by it. However, if it turns out afterwards that this is not a Disruption, Surver will charge costs for this in accordance with the hourly rate stated in section 3.8.3.

3.7. Backups

Surver will create a full backup of the server every 24 hours in the form of a snapshot, including the database, files and configurations that are part of the Service.

Surver only facilitates the possibility of creating the backup and in doing so checks the operation of the backup. The Client is responsible for checking the content of the backup and Surver is not liable for the content of the backup.

Upon termination and or other manner of termination of the Agreement, Surver shall endeavour to provide a final full backup to the Client, the request for which must have been submitted before or at the time of termination (provided that the fee has been paid in accordance with the Agreement). Surver is entitled to delete all data of the Client after the termination of the Agreement.

Surver is not responsible for any damages resulting from the deletion of the data after the expiry of the Agreement.

3.8. Technical Support

The Client has the option of sending an email via support@surver.nl submit requests for Technical Support. These are activities that the Client would in principle perform itself, but for which the Client calls on Surver's expertise.

When the Client sends a Request by email via support@surver.nl submitted, a Surver employee will then provide the Client with an indication of the actions to be taken and any costs involved.

Requests are handled and executed only during office hours. There is no guaranteed response time for Requests. When we talk about Requests, obligations apply to Surver, as well as to the Client. These are defined below:

3.8.1. Obligations of Surver

3.8.2. Principal's obligations

3.8.3. Tariffs

Surver has fixed rates for additional services such as Technical Support. These differ in the nature of the work to be performed. Below is an explanation of the differences and an overview of the costs per hour. Invoicing follows per 15 minutes and Surver applies a minimum hourly rate of €22.50 (excluding VAT). All amounts mentioned are exclusive of VAT.

- Basic Support

Surver means by Basic Support all activities that the Client normally performs itself. These include performing simple actions within the cPanel control panel provided by Surver. Examples include creating a new e-mail account, implementing a DNS change or restoring a backup.

Manuals for this type of work are provided by Surver completely free of charge. The Client may also choose to have this work carried out by a Support employee of Surver. The cost for this is €22.50 (excluding VAT) per 15 minutes.

- Bespoke development

Surver understands custom development to mean all work related to making adjustments to an existing website, developing themes or plugins, designing or building a new website or adding/modifying code such as CSS, Javascript or PHP. This type of service is handled by a (Senior) Developer. The cost for this is €22.50 (excluding VAT) per 15 minutes.

- Consultancy

Surver understands consultancy to mean advising and researching implementations of new features and software. This type of service is handled by a (Senior) Developer. The cost for this is €22.50 (excluding VAT) per 15 minutes.

- Webmaster service

For the Client who wants regular work picked up by Surver, it is more advantageous to purchase hours in blocks of 5, 10 or 20. More information can be found here: https://surver.nl/diensten/webmasterservice/

4. Service levels

Surver provides guarantees on the uptime of the server's connection to the internet. Surver also offers in this SLA Managed Performance Cloud the guarantee that defects in the platform will be replaced within 8 hours of detection by Surver or notification by Client.

This SLA also guarantees that an initial diagnosis of the problem will be made within 4 hours of a server problem being detected or notified. Should Surver fail to comply with these guarantees, the Client may claim compensation.

4.1. Guarantees and penalties

The guarantees Surver issues plus penalty for failing to meet this guarantee are shown in the table below. The penalty is a percentage of the contracted monthly amount.

These guarantees are per year. The Client must submit the claim to Surver within 14 calendar days of the relevant Disruption using the method described in section 4.3.

4.2. Priorities and Response Times

Surver distinguishes different Disruptions and prioritises them. The different priorities are given different Response Times. The differences are explained in the sections below.

For all times mentioned, time zone UTC+1 applies in winter time and UTC+2 applies in summer time. For all hours and days mentioned, clock hours and calendar days apply unless otherwise specified.

Working days are Monday to Friday. Office hours are from 9am to 5pm.

4.2.1. Priorities

The priorities below only apply to standard services and applications. Any other applications are beyond Surver's support.

4.2.2. Response times

The response time is the length of time in which a Surver employee responds to an observation or notification of a Disruption. There is no guaranteed response time for Requests. Automatic responses are excluded. An initial response is not necessarily an initial diagnosis.

4.3. Filing a notice of default

The Client must submit its own claim for a penalty percentage. This can be submitted by the Client within 14 calendar days after the end of the relevant month. This claim can only be submitted if the Client has reported an incident in the relevant month through support@surver.nl.

Submitting a claim is done in writing. Contact details are listed on the website: https://surver.nl/klantenservice. When all conditions are met and Surver's measurements also indicate a deviation from the guarantee, the penalty payment will be made.

5. Abuse

5.1. Abuse regulations

To guarantee the service, the Client and Surver both have a number of rights and obligations when it comes to Abuse. This Internet abuse is undesirable for both parties. Surver understands Abuse to include, but not exclusively: spamming, hacking and storing/distributing content that violates the law.

5.1.1 Obligations and rights Surver

5.2.2 Obligations and rights Principal

Secures its accounts giving access to the Service against hacking and abuse such as storing/distributing content that violates the law;
Prevents misuse of the Service;
Will refrain from internet abuse, including but not limited to: spamming and hacking of third parties;
Acknowledges that Surver is entitled to deny the server internet access in case of causing nuisance and/or committing abuse; acknowledges that in case of damage or consequential loss due to disconnection in connection with Abuse Surver cannot be held liable;
Acknowledges that no claim can be made under the warranty conditions, as mentioned in section 3 of this document, in the event of temporary shutdown of the Client's system due to Abuse (alleged or otherwise);
Recognises that it is up to Surver to determine when to speak of Abuse;
Does not perform actions or install software that can be expected to cause harm to third parties in any form.

6. Agree

This Service Level Agreement forms an integral part of the Managed cloud hosting & Managed Cloud hosting & management Agreement.

Surver B.V.

Client