interworks.cloud online platform Service Level Agreement

v.20191021



1.Introduction

Services found in this document are provisioned by your corresponding interworks.cloud Online Platform Distributor (“Company”) with predetermined characteristics, levels of availability, levels of support and acceptable predetermined cost. Consequently, the present annex constitutes a ‘Service Level Agreement (SLA)’. Throughout this document and for reasons of brevity the present contract will be referred to as SLA.
Terms and conditions mentioned in this document may be modified at any time. Each such modification of terms and conditions will be followed by email notification. If YOU do not wish to be bound by the revised SLA, YOU will have to reply in a written form within 10 days of the receipt of the notifying email. If such a reply is not received within 10 days, YOU shall be considered as having accepted and agreed to be bound by the revised SLA.



2.Services Covered

This SLA covers access and use of the cloud-based billing platform and related products and services (“Service”) provided by the interworks.cloud platform.
YOU owe to be informed for the present SLA that is a document supplementary to an interworks.cloud Platform Software License Agreement. Keeping track of revisions and being up to date is exclusively YOUR own responsibility. Please refer to https://interworks.cloud/Platform-SLA for the always up to date version of this document.
Services provided by the interworks.cloud platform are provided on a 24×7 basis including holidays.



3.Exceptions

  1. Regularly scheduled maintenance of the Service that does not exceed six (6) hours per one-month period, for which YOU have received earlier notice.
  2. Any issues with a third-party service to which YOU subscribe (e.g. Office365, Azure, or a payment gateway, etc.).
  3. Any problems not caused by interworks.cloud Platform that result from (a) computing or networking hardware under YOUR control, (b) other equipment or software under YOUR control, (c) your access to the Internet, or (d) other issues with electronic communications under YOUR control.
  4. Suspension or termination of the Service from YOU in accordance with the Agreement and/or its associated Order Form.
  5. Software that has been subject to unauthorized modification by YOU.
  6. Negligent or intentional misuse of the Service by YOU.
  7. “Beta” or “limited availability” products, features and functions identified as such by YOU.


4.Definitions

As used in this SLA:

  1. “interworks.cloud Technology” means all proprietary technology that is made available to YOU as part of or in connection with the Service (including, without limitation, any and all software, hardware, products, processes, APIs, algorithms, user interfaces, trade secrets, know-how, techniques, designs and other tangible or intangible technical material or information).
  2. “Service” means the interworks.cloud platform service for ordering, billing, subscription relationship management, accessible via:
  1. https://interworks.cloud,
  2. https://eu.interworks.cloud,
  3. https://apps.us.interworks.cloud,
  4. https://apps.eu.interworks.cloud,

and/or other Web sites or IP addresses designated by Company, which Company provides to Customer under an Order Form, as further described at https://kb.interworks.cloud/display/ICPD/interworks.cloud+Platform+Editions.
“Service” also includes all its components and all interworks.cloud Technology.

  1. Unavailability” means the mean time the service was not available within a month’s period (e.g. not available for 60 min / month). Service unavailability due to planned maintenance is not admeasured in the aforementioned availability calculations.
  2. Planned Maintenance: The Service may not be available during planned maintenance and this time is not admeasured in availability calculations.
  3. Monthly Availability Percentage: The availability percentage of any given month is calculated by subtracting from the total number of minutes within a month the number of minutes during which the service was unavailable and then dividing the difference by the total number of minutes within a month.
  4. Monthly Availability percentage  = [Maximum time (in minutes) of connectivity (in a given month) – Total time (in minutes) of outage (in a given month)] / Maximum time (in minutes) of connectivity (in a given month)
  5. Monthly Platform Fees: the monthly flat fee component of the total fees paid for the Service (if applicable, as per your agreement with your interworks.cloud distributor).
  6. Monthly Transaction Fees: any variable component of your total monthly fees paid for the service to your interworks.cloud platform distributor, dependent on the monthly billable revenue run-rate to your end customers or resellers managed by the platform, expressed (and agreed) as a percentage of this revenue run-rate (if applicable, as per your agreement with your interworks.cloud distributor).


5.interworks.cloud Platform Services

  1. Infrastructure: The current platform architecture takes into consideration typical requirements regarding high availability, data backup and disaster recovery capabilities. The platform is currently deployed on two separate regions of Microsoft Azure (West Europe and West US) as well as on interworks.cloud data center located in Thessaloniki, Greece. The platform is deployed according to the distributed deployment model. This model spreads platform roles across separate physical/virtual resources, and multiple resources are deployed to support each role, so that no single point of failure exists among the deployed components. Each platform component is then installed on multiple, separate Azure resources, and components of the same role will share a dedicated availability set. All web-based components are configured in highly available web farms, served by Azure load balancers, with the option to activate on-demand scaling in order to distribute load and support increasing traffic/request handling. The platform databases reside in SQL server instances configured for partial high availability using the latest supported technologies.
  2. Availability: The monthly uptime percentage for the Service will be ninety-nine and nine-tenths percent (99.9%) subject to the exclusions described in section 3 of this SLA. For example, this availability percentage translates to the Service not being available for approximately forty-five (45) minutes within a calendar month of 31 days. The calculation method for the Service availability is based on the formula described in section 4, paragraph g, of this SLA.

For convenience, 99.9% availability translates to the following total minutes:

Days in a month Total availability (in minutes) Total unavailability (in minutes)
28 40,280 40
29 41,718 42
30 43,157 43
31 44,595 45
 
  1. Planned Maintenance / Emergency (Unplanned) Maintenance: Planned Service maintenance is approved work that is planned and scheduled prior to the change. YOU will be informed via e-mail to YOUR designated point of contact found in the Acceptance Form of the signed Agreement. Whenever possible, scheduled maintenance is planned during off-hours on weekends, and performed as necessary in the quickest and most efficient manner to ensure immediate restoration of affected services. E-mail notification will be sent with the date and time of the planned maintenance window, expected duration, scope of impact, and potential effects of the outage, five (5) business days prior to the scheduled date. In extraordinary cases (e.g. security threats, force majeure etc.), YOU can be notified twenty-four (24) hours before maintenance and in any case no later than two (2) hours before maintenance.
  2. refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by the Company and/or its licensors’ in their sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. The Company and/or its licensors will exercise reasonable efforts to inform YOU in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure.


6.Security

Access to resources and management portal (Azure portal) is granted to a specific group of authorized personnel. Two-factor authentication (2FA) is configured to further strengthen security and protect from unauthorized access. Remote access to platform servers is also restricted to specific users and is only allowed from specific locations (based on source IP address). Two-factor authentication is also applied for all remote access connections to the servers.
All critical data (SQL databases) are kept in premium managed disks, which are encrypted by use of Azure Storage Service Encryption (SSE), providing encryption-at-rest and safeguarding of the data in order to meet organizational security and compliance commitments.
Data exchanged locally between the database and the platform components are not encrypted – with the exception of specific sensitive data (like user passwords). All other communications (between user browser and server or server and third party end-points) are executed through secure channels enforcing SSL encryption.



7.Business Continuity and Disaster Recovery

To meet typical needs and requirements regarding DR capabilities, the Service deployment makes use of Microsoft’s Azure geo-replication technologies. All critical data, including platform SQL databases as well as other plain storage data are configured to be backed up or replicated between separate Azure regions with hot DR support. This effectively enables the platform to be re-activated – in the unlikely event of a disaster – on another Azure region and resume normal operations.
All critical data (SQL databases and common storage data) are backed up on a daily basis and backups are kept encrypted at an offsite (not within Azure) location.
Note: The current DR implementation does not make full use of Azure Site Recovery services (ASR), due to technical limitations regarding certain Azure components that are in use (i.e. premium-managed disks). ASR will be fully implemented in the upcoming months awaiting for the support of geo-replication for Azure VMs with premium- managed disks.



8.Compensation Fees

  1. In case the monthly Service availability percentage is less than the agreed percentage (99,9%), YOU will be credited according to the following table, calculated on your Monthly Platform Fees:
Monthly Availability Percentage Service Credit
<99,9% 10%
<99,0% 25%
<95,0% 75%
 
  1. It is agreed between parties that the right for compensation resulting from divergence to this SLA is exclusively limited to the compensation fees found in the table at paragraph 8.a. The Company and its licensors are not accountable for any damage that may have resulted in loss of YOUR income, profits reduction or any other financial damage.
  2. In case YOU invoke the right for compensation according to the present article, YOU will have to send an e-mail with YOUR demand at support@interworks.cloud or to your corresponding online platform distributor (whichever applicable), no later than the end of the invoicing month following the invoicing month for which the SLA agreed availability percentage was not met. YOU have no right for compensation in case the aforementioned period has expired.
  3. YOU will only be credited if the Company and/or its licensors consider and agree reciprocally with YOU that the claim is correct and valid. YOU owe to provide the Support Department with all the details regarding YOUR claim including indicatively his detailed description of the incident(s), the incident’s duration and any effort on YOUR side in order to resolve the incident(s).
  4. The Company and its licensors will use any available information, in order to approve YOUR claim and conclude whether the present Agreement and Levels of Service are in accordance with the claim in question.
  5. The compensation fee will be calculated in a monthly basis and will in no case exceed the agreed Monthly Platform Fees that results from the individual agreements and subscriptions of services YOU have entered into with your interworks.cloud platform Distributor.
  6. The compensation fee is attributed under the condition that no fee owed to the Company is not due and will be paid off by the Company within ninety (90) days from the acceptance of relative demand and the publication of relative credit invoice.
  7. The Service availability will be measured based on the industry standard monitoring tools the Company uses.