Legal Docs / Service Level Agreement

Service Level Agreement

Effective as of 26th December 2018

1. Agreement Overview

This ECOMBIX Oy Service Level Agreement (“SLA” or “Agreement”) is a policy governing the use of Sellbery Application under the terms of the Sellbery Terms and Conditions Agreement between ECOMBIX Oy (hereinafter – “the Service Provider” or “We”), having its place of registration at: c/o Novius Pro Oy, Hitsaajankatu 6, 00810, Helsinki, Finland, and users of Sellbery Application services (“you”, “user” or “Client”) for the providing Sellbery Application on the subscription basis.

We reserve the right to change the terms of this SLA in accordance with the Sellbery Terms and Conditions Agreement.

2. Terms and Abbreviations

Virtual Server (VPS) – a virtual machine sold as a service by a Cloud Provider service.

Sellbery Application – a client-server computer program which you (including the user interface and client-side logic) run in a web browser, application operated by Sellbery and available at https://sellbery.com.

Cloud Provider – a company that delivers cloud computing-based services and solutions to businesses and/or individuals. For the purposes of this Agreement, the Cloud Provider is Google Cloud.

Payment Provider – a company that provides card processing for in-app purchases. For the purposes of this Agreement, the Payment provider is Stripe.

Service Commitment – obligations for provision of Services in defined level which the Service provider undertakes to provide by this Agreement.

Service Level – guarantees of provision of Services by the Service provider to the user.

Service request – request to the Service provider from the user in case of any failures/breakdowns in the process of provision of services under this Agreement to the user, should be submitted via help@sellbery.com

Reaction time – a period of time from the moment of registration of the Service Request until the beginning of its performance (within Regular Business Hours).

Resolving time – a period of time from the moment of transferring of the Service Request for performance until the moment it is solved (within Regular Business Hours).

Service Downtime – period of time from the moment of breach of agreed terms of Service exploitation until its full reconstruction.

Regular business hours – a period of time when Service Provider is obliged to provide the Services. For the purposes of this Agreement, Regular Business Hours are from 09 a.m. till 18 p.m. GMT +3 / Five days per week (normally except Saturday and Sunday) and public holidays of the Russian Federation.

HubSpot Chat – a tool for communication between a user and the Service Provider.

Monthly Uptime Percentage – a period of time between Service Downtimes.

Service Credits – pre-specified financial amounts (or cash rebate) which the user becomes entitled to whenever a Service Level is not achieved.

Account – a record about the user of the Services that is registrable by the Client or Account Manager through the Sellbery Application and kept for the purpose of the provision of the Services.

Outside source – any application, website, natural or legal entity other than Sellbery Application.

Services – Sellbery Application’s functionality and other services provided by Sellbery.

3. Objective & Goals

The purpose of this SLA is to ensure that the proper elements and commitments are in place to provide Sellbery Application on a subscription basis.

The objectives of this SLA are to:

  1. Provide clear reference to service ownership, accountability, roles and/or responsibilities.
  2. Ensure that the Services are of a consistently high quality and meet the requirements of a user.
  3. Present a clear, concise and measurable description of service provision to a user.
  4. Match perceptions of expected service provision with actual service support & delivery.
  5. Incentivize the Service Provider to comply with and to expeditiously remedy any failure to comply with the Service Levels.
4. Service Description (Scope of Services)

The following detailed Services are the responsibility of the Service Provider (hereinafter referred to as “the Services”):

1) Provide Sellbery Application’s functionality on a subscription basis;
2) Maintain, improve and optimize Sellbery Application’s functionality.

Functionality:

  • connect to remote APIs
  • download / upload products
  • download / upload orders
  • download / upload shipments
  • download / upload refunds
  • UI for manipulating core business related data and processes
  • API credentials
  • products preview
  • report for products upload
  • report for orders upload
  • dataset
  • scheduling regular operations

The final list of functionality may be limited and depend on the particular Outside Source.

5. Service Period

This Agreement is valid from the Effective Date outlined above and until termination of your Sellbery Application subscription.

6. Order of Response to Technical Problem

The following table is used to prioritize requests and to provide Services accordingly:

Severity Level

Critical

Definition

Critical issue occurring on production system. Application’s functionality is completely unavailable. Any web or API request returns error (excluding maintenance and planned downtime periods)

Reaction time

10 min

Time for recovery
of functionality

Recovering of basic functionality – 3 hour and further stabilization of the work until the complete elimination of the problems that caused the failure.

7. Responsibility

The Service Provider is not responsible for outside services availability.
All outside sources provide user with its own SLA.

8. Guarantees and Compensations

8.1. Service Level (Service Availability)

Services are provided distantly during Regular Business Hours.

The Service Provider will use commercially reasonable efforts to make the Services each available with a Monthly Uptime Percentage (defined above) of at least 99,0%, in each case during any monthly billing cycle (the Service Commitment). In the event any of the Services do not meet the Service Commitment, the Client will be eligible to receive a Service Credit as described below.

8.2. Service Credits

Service Credits are required to be paid in the event if the Service Level achieved falls below the Service Level in a Service Period. If the Service Provider fails to meet the Service Level or Service Commitment SLA during any one calendar month period, then you will be eligible for a Service Credit (the “Service Credit(s)”) in the amount of Two and a half (2,5%) percent of the monthly fee for the affected service.

8.3. Credit Requests and Payment

To request a credit, send email to the Service Provider at help@sellbery.com within 10 days of the end of the calendar month in which the failure occurred. You must include information regarding the date and time of the unavailability with the description of the problem and your contact details. If the Service Provider confirms that you are owed Service Credits, the Service Provider will issue a credit to your account within Ten (10) business days. Credits may only be used against future billing charges. The Service Credits shall be your sole and exclusive remedy for any failure of the Services in accordance with this SLA.

9. Limitations

This SLA does not apply to any unavailability, suspension or termination of the Service Provider, or any other performance issues:

  • Due to factors outside the parties’ reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to Sellbery Application).
  • That result from any actions or inactions of you or any third party.
  • That result from your equipment, hardware, networking or other technology and/or third party’s equipment, hardware or other technology (other than third-party equipment within our direct control).

If availability is impacted by factors other than those mentioned above, then you may issue a Service Credit considering such factors.