1. Definitions
    1. For the purposes of this Service Level Agreement, the following terms shall have the meaning ascribed to them:
      1. Available: means that Aerios’ customers can use the key features of the Aerios Platform;
      2. Business Hours: means Mon – Fri 8am – 8pm UK time, excluding UK public holidays.
      3. Monthly Availability: means the percentage of time the Aerios Platform is Available during a calendar month based on Uptime and Total Time, expressed as a percentage, calculated as follows: Monthly Availability (%) = Uptime during a month / Total Time during a month;
      4. Scheduled Downtime: “means the time in minutes of the non-Availability of the Aerios Platform as a result of:
        1. planned maintenance carried out during the maintenance window of 12am to 4.00 am UK time; and
        2. unscheduled maintenance, provided that Aerios has used reasonable endeavours to give the Customer at least 12 hours’ notice in advance of the non-Availability;”
      5. Total Time: means all of the time during a calendar month (in minutes), less any Scheduled Downtime;
      6. Uptime: means all of the time during a calendar month (in minutes) when the Aerios Platform is Available.
  2. Availability SLA
    1. Aerios shall use its commercially reasonable endeavours to ensure that the Monthly Availability for the Aerios Platform is 99% or higher.
  3. Technical Support
    1. Aerios’ support organisation is Customer’s primary point of contact for Aerios Platform support.
    2. Technical support is available during Business Hours, and is provided in English, with other languages available at the sole discretion of Aerios (unless agreed otherwise in Additional Terms).
    3. Customer may create, manage, and review support requests (sometimes referred to as ‘incident requests’), by contacting the Aerios helpdesk via email. No other method for submitting support requests shall be accepted by Aerios.
  4. Target Response and Resolution Time
    1. Aerios shall, for each support request described in Section 3, and subject always to Section 5, use commercially reasonable efforts during Business Hours to:
      1. provide a first response in accordance with the ‘Response Time’;
      2. provide updates electronically to the Customer in accordance with the ‘Communication Frequency’ until resolved; and
      3. seek to resolve the matter by the ‘Resolution Time’ set out below,
    2. in each case based on the applicable ‘Impact Level’ described below, with all times calculated from when the support request is raised to Aerios as described in Section 3.
    3. Support cases are escalated based on severity and complexity. Customer will initially classify each support case according to the Impact Level set out below. Unclassified support cases will be considered “Medium”. The final priority classification will be at the discretion of Aerios.
      Impact LevelDefinitionResponse TimeResolution TimeCommunication Frequency
      CriticalIssues causing complete service disruption or significantly impacting core operations. Includes system outages and data breaches.Within 1 hourWithin 1 to 24 hours with continuous work to fixEvery 1 to 2 hours until resolved
      MediumIssues affecting some client operations, such as partial outages or performance degradation.Within 4 hoursWithin 1 to 3 business daysAt least once every 8 hours
      LowIssues with minimal impact on business operations, such as minor bugs or enhancement requests.Within 24 hoursIn the next scheduled update or within a mutually agreed time-frameBased on significant progress or at the next scheduled service review
  5. SLA Exclusions
    1. Without prejudice to any other provision of the Aerios Terms, Aerios’ obligations in this Service Level Agreement do not apply to any unavailability, suspension or termination of the Services, or any other performance issues related to the Services which result from: (i) factors beyond Aerios’ reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of the Aerios Services or its direct hosting subcontractors (i.e., beyond the point in the network where Aerios maintains access and control over the Aerios Services); (ii) any acts or omissions of you or any third party (other than Aerios’ direct hosting subcontractor); (iii) API’s, integrations, equipment, software or other technology provided by third parties to Aerios or to the Customer, except for any component of the Aerios Platform that is under the direct control of Aerios; or (iv) Aerios’ suspension and termination of Customer’s right to use the Aerios’ Services in accordance with the Agreement between the Parties and/or the Aerios Terms.