Service Level Agreement (SLA)
1 Humanitec Technical Support Service Level Agreement
This Humanitec Service Level Agreement ("SLA") exhibited to the Humanitec Terms of Use describes the support and maintenance which Humanitec provides with respect to the Humanitec application as set forth in and governed by the Terms ("Service"). This SLA is subject to the Terms, including without limitation the disclaimers, limitation on liability, restrictions, governing law, and jurisdiction set forth therein. Defined terms used herein shall have the meanings ascribed to them in the Terms unless defined otherwise herein.
2 Defined Terms
As used in this SLA, the following terms have the following meanings ascribed to them:
2.1 Support Hours
Daily hours of business that the Humanitec Support Team is available for support. Customers can contact Humanitec Support 24/7, 365 days a year. For most countries, business hours are from 9:00 AM to 5:00 PM during weekdays (weekends and holidays excluded).
2.2 Incident
Failure of the Service to substantially perform in accordance with the then-current Humanitec technical specifications. Incidents include without limitation Outages and Severity A, B, and C issues. To prevent misunderstandings: known issues disclosed in the Service release notes and published Service limitations and the items listed as exceptions to Outages below and as exclusions from Support and Maintenance, are excluded from the definition of “Incident.”
2.3 Workaround
Refers to a temporary resolution for an Incident that restores the functionality of a disrupted Service.
2.4 Service Restoral
Refers to the restoration of a Service that was disrupted during an Incident.
2.5 Availability
When the Customer whose account is active and enabled has reasonable access to the Service, subject to the exclusions defined in Outages below and in Section 2.7 below.
2.6 Force Majeure Event
Such event may include action or inaction of governmental, civil, or military authority; fire; strike; lockout or other labor dispute (but not including delays caused by subcontractors or suppliers); flood; war; riot; theft; earthquake and other natural disasters or events beyond the reasonable control of Humanitec.
2.7 Outage
The total number of minutes that the Customer cannot access the Service subject to the exceptions set forth below.
Outages shall not include any time that is due to:
- Scheduled Outage and/or Maintenance Time.
- A failure or fault of Customer’s systems.
- Anything outside the reasonable control of Humanitec or its contractors.
- Customer's acts and omissions.
- Customer’s own Internet service provider.
- Any systemic Internet failures.
- Customer's bandwidth restrictions.
- Customer's failure to comply with the Customer Responsibilities herein and in the Terms.
- A Force Majeure Event.
- Customer’s failure to operate the Service in accordance with the Terms and the Application.
2.8 Response Time
Initial Response Time is the period from when the Customer submits a support request to when a Humanitec Support Engineer contacts the Customer and starts working on the support request. The Initial Response Time varies with both the support plan and the Business Impact of the request (also known as Severity).
2.9 Severity
Refers to an agreed classification of an Incident. See Sections 4 and 5.
2.10 Release
Refers to a version, either full or a hot-fix, of the Service or any other third-party software that is used in its system.
2.11 Security Patch
Refers to any software fix released by either Humanitec or any relevant third-party vendor that aims to solve security vulnerabilities.
2.12 Maintenance
Refers to the modification of the Service and infrastructure in order to deliver new features, correct failures, improve the performance or other attributes.
2.13 Emergency Maintenance
Emergency maintenance activity performed by Humanitec, without prior notification, might result in downtime.
2.14 Maintenance Time
The time period during which the Service may not be Available each month so that Humanitec can perform routine maintenance to maximize performance, on an as-needed basis, including Emergency Maintenance.
2.15 Maintenance Notification
Refers to the process of Humanitec informing the Customer about a future maintenance activity, and generally details the work, its timing, and impact on the Service.
2.16 End of Life (EoL)
Refers to any Humanitec feature/service that is declared as no longer supported by Humanitec. Humanitec may at any time at its discretion determine that a feature/service is no longer under Support.
2.17 Total Monthly Minutes
The number of days in the month multiplied by 1,440 minutes per day.
2.18 First reply time
The time between the first Customer comment and the first public comment from an agent, displayed in minutes. First reply time will not be measured on tickets created by an agent.
2.19 Agent work time
The combined total time spent in the New and Open statuses. The SLA will pause on Pending and On-hold.
2.20 Next reply time
The time between the oldest, unanswered Customer comment and the next public comment from an agent.
2.21 Periodic update
The time between each public comment from agents, displayed in minutes.
3 Support and Maintenance
Any and all services, maintenance, support and/or other Humanitec obligations set forth in this SLA are subject to the Customer's compliance with Terms and the SLA, the contracted support offering, and payment in full of all applicable fees.
Subject to the foregoing, Humanitec will provide support to Customer (“Technical Support”) during business hours. Technical Support will include any research and resolution activity performed by Humanitec.
3.1 Support
Humanitec will provide support via its Customer Support team. The Customer Support team is responsible for the technical support communications with Customers. Online support is the main source of support via the available in-app or web-based support channels.
The Support Team focuses on two main areas:
- Working with Customer to resolve Incidents; and
- Working with the Engineering Team to address Incidents of Customer.
- The Humanitec Support system shall automatically assign a case number to any Customer request upon receipt. The Customer must reply to any of its open tickets within the thread of that ticket or on that ticket via the support portal.
- Humanitec may supply Technical Support by certified Humanitec engineers or certified partners following Humanitec’ practices and security guidelines.
- Humanitec will respond and act upon any Customer request or reported Incident in accordance with its severity as described in Sections 4 and 5 below.
4 Response and Resolution Times
Severity Response SLA
All Severity A to C and basic support issues will be responded to within typical business hours. Business hours are Berlin time from 9:00 AM to 5:00 PM during weekdays (weekends and holidays excluded).
Humanitec may downgrade the severity level if the Customer is not able to provide adequate resources or responses to enable Humanitec to continue with incident resolution efforts. Humanitec uses a proprietary system to determine the Severity Levels and the Customer agrees that said Humanitec system will be the sole basis for resolution of any dispute that may arise between the Customer and Humanitec regarding this SLA.
5 Maintenance
- Humanitec shall endeavor to periodically publish new releases as well as carry out upgrades and maintenance of the Service's infrastructure in order to roll out new features and improve performance, stability, and security. Planned maintenance tasks, resulting in full or partial Outage, shall generally be published to the Customers upon login to the Humanitec Service within 5 business days of the maintenance start date and/or notified by email, but Humanitec is under no obligation to do so.
- Humanitec may decide, at its sole discretion, of the need to perform an Emergency Maintenance and shall exercise reasonable efforts to notify Customers 12 calendar hours in advance, by either email or message upon login to the Service. However, such notice is not guaranteed and resulting downtime shall not be considered as an Outage exception and will not be part of the Availability calculation.
- Humanitec shall periodically implement relevant Security Patches in accordance with its patch management policy, as part of either planned or Emergency Maintenance activity. Notifications to Customers will be handled in accordance with the Maintenance type, as stated above.
- Humanitec shall not be held responsible for failure to fulfill its obligations hereunder due to any Force Majeure Event that directly or indirectly delays or prevents its timely performance hereunder. Dates or times by which Humanitec is required to render performance under this SLA shall be postponed automatically to the extent that Humanitec is delayed or prevented from meeting them by such causes.
6 Limitations
Humanitec shall be under no obligation to provide Technical Support and/or Maintenance in respect of:
- Incorrect or unauthorized use of the Service where such use is not in accordance with Humanitec’ documentation;
- Incidents that are related to the Customer’s environment and are beyond Humanitec’ control such as electricity, networking access, internet latency, malfunctions of 3rd party providers (e.g. Cloud providers, Cloud Performance Monitoring/Billing systems), or reliability that are caused by geolocation, other;
- Overdue or not received Customer payment.
- Factors outside of Humanitec’s reasonable control, including any Force Majeure Event or Internet access failure or related Incidents beyond the demarcation point of Humanitec and/or cloud service providers monitored by Humanitec;
- Any actions or inactions pertaining to Customer or any third party;
- Suspension and Termination by Humanitec of your right to use the Humanitec platform;
- Any planned maintenance that Humanitec performs on its SaaS platform on Saturdays and Sundays (GMT) and any Maintenance Time;
- Situations where the Customer does not provide Humanitec with sufficient information regarding the Incident;
- Incidents that result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
- Incidents that result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
- Incidents that result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services; and
- Incidents caused by your use of a Service after we advised you to modify your use of the Service if you did not modify your use as advised
