Magnews Service Level Agreement (SLA)
This document defines the technical levels of services that Diennea undertakes to meet with the Client for the “magnews SaaS” service (“Service”). The capitalized terms present in this document and not defined herein have the same meaning as in the existing Agreement.
This SLA shall supplement the terms of the Agreement between the Parties.
Key Performance Indicator (KPI) Definitions
KPI 1 – Continuity of service*
‘Continuity of service’ means the monthly percentage of time during which the Service is duly performed**.
Continuity of service shall be: 99,3%
KPI 2 – Managing requests for support*
Time required to acknowledge support requests: 15 min for requests made via telephone / 1 hour for those made via email. Requests will be managed from 09:00 to 19:00 (Italian Time GMT+1), Monday to Friday (excluding Italian bank holidays).
The Client may contact Diennea’s Customer Support by calling the following number (+39) 0546 066266 or by sending an email to helpdesk@magnews.it.
An operator’s response to the request for support marks the acceptance of the request. The Help Desk will indicate the time required to resolve the issue, depending on the type of support required.
98,0%
Of requests for support shall be accepted whithin the period of time indicated above.
KPI 3 – Ordinary Maintenance Interventions*
Scheduled ordinary maintenance shall be notified at least 5 (five) working days prior to carrying out the maintenance intervention.
The duration of downtime resulting from interventions will consitute:
20 hours over the calendar year and a maximum of 10 hours per single intervention
General provisions
In no way whatsoever may Diennea be held directly or indirectly liable for any damage caused by non-compliance with the service levels indicated in this document. In the event of any failure to comply with the service levels indicated in this document, the Client may be eligible to receive a discount on the annual fee for use of the Service for the following year, based on the table below: ***
KPI 1 – Continuity of service (monthly) | Credits |
≥ 99,3% | 0 |
≥ 97,0% and < 99,3% | 2 |
< 97,0% | 5 |
KPI 2 – Management of Requests for support (annual) | Credits |
≥ 98,0% | 0 |
≥ 95,0% and < 98,0% | 2 |
< 95,0% | 5 |
KPI 3 – Ordinary Maintenance Interventions (annual) | Credits |
≤ 20 hours /year ≤ 10 hours /intervention | 0 |
> 20 hours /year and ≤ 30 hours /year or | 10 |
> 30 hours /year or | 25 |
In order for the credits to be recognized the Client shall send a formal request to the following certified e-mail address: dienneasrl@pec.it or mail a registered letter with acknowledgement of receipt to Diennea’s registered office. In the second case, the Client may anticipate the request by sending an email to the following address: helpdesk@magnews.it.
Each credit accumulated in accordance with the table above shall convert to a 1% discount to be applied to the annual fee.
Limitations of liability not imputable to the Supplier for failure to comply with the SLAs
The credits in the table will apply except in the case of accidental events, to be understood as any act, event, occurrence, omission beyond the reasonable control of Diennea and/or its suppliers involved in the provision of the Service. In particular, the Client also recognizes that the Supplier may not be held liable under any circumstances for delays or malfunctions in the provision of the Service and for failure to comply with the above-mentioned SLAs which depend on events outside the control of the Supplier itself, such as, but not limited to:
- events of force majeure;
- events caused by third-parties such as, but not limited to, the interruption or malfunction of computer networks and/or electric power lines;
- malfunction of terminals or other communication systems used by the Client or improper use of the same and/or the procedures to access to the Service by the Client or third parties;
- acts or omissions committed by the Client and in conflict with the obligations assumed by the latter pursuant to the GTS or an SO and, more generally, malfunctions caused by the improper use of the Service by the Client or third parties;
- hacking or “Denial of Service”;
- unprovable failures/problems reported by the Client but not detected or reproducible by Diennea;
- extraordinary Maintenance interventions.
The calculation and tracking of KPIs will be managed by Diennea itself, using dedicated tools and software.
It should be noted that ordinary maintenance time will not be counted for the measurement of KPIs 1 and 2.
For all purposes not provided for in this document, reference shall be made to the Agreement in force between the Parties.
*Data indicated are subject to the following “General provisions”.
**The due performance of the Service is defined as the ability for the Client to access the MagNews backend Web Platform and to send e-mails and SMS text messages, as well as the ability for the Client to use the Platform’s front-end resources (for example: web pages, forms, statistical links, image downloads and files). For more details see the “General provisions” below.
***Any claim concerning the service levels may be assessed only if received by the 15th of the month following the month in which the alleged non-compliance with the service levels occurred. In the event of non-renewal of the Service, the Client shall not have any credit rights due to non-compliance wth the service levels set out in this document.