Service level agreement, ForwardKeys online & data services

This service level agreement covers the levels of service and support that can be expected by entities subscribing to the Services defined below (“Customers”) provided by Forward Data SL (“FORWARDKEYS”).

According to the Services the Customer is subscribed to, the Data Service Support Table or the Online Service Support Table will apply.

1. DEFINITIONS

“Business Days” means from Monday – Friday, excluding bank holidays in Valencia, Spain; and “Business Hours” means from 9:00am – 6:00pm CET on Business Days.

“Data Services” means .csv flat files, offline reports and other FORWARDKEYS services not being the Online Services.

“Data Questions”: Examples of Data Questions include but are not limited to: inquiries related to the presence or absence of a particular data element, requests for clarification on particular data elements, and requests for additional information for a particular data element and questions related to integrity or accuracy of data content.

Online Services” means ForwardKeys online platform (www.forwardkeys.com) and API connection.

Issue” means the failures indicated at point 4 of this SLA.

“External Outage” means any failure to achieve Availability caused by (i) any event of force majeure, as provided for in the Agreement; (ii) failure of any of Customer’s or its vendor’s equipment; (iii) any act or omission attributed to Customer or any third party that causes FORWARDKEYS to be unable to meet the Availability including, without limitation, failing to take any remedial action recommended by FORWARDKEYS, or otherwise preventing FORWARDKEYS from taking such action; (iv) Customer’s negligence or willful misconduct, which may include Customer’s failure to follow agreed-upon procedures; (v) scheduled and emergency maintenance periods; (vi) non-reproducible outages and outages caused by Customer; (vi) outages caused by malicious activity by third parties – hacking or Distributed Denial of Service (DDoS) and (vii) general Internet infrastructure outages or outages or Internet/telecom services provided by third parties, including those ForwardKeys cloud-based services in Amazon Web Service.

“Support Services” means the deployment of resolutions to supported issues in relation to the Services.

“Services” means both the Data Services and the Online Services.

2. SERVICE LEVELS

a. Availability. The FORWARDKEYS Platform is deemed to be available when all components that comprise the FORWARDKEYS Platform are properly running as to enable the proper execution of all application software forming part of the FORWARDKEYS Platform. The servers offering FORWARDKEYS Platform guarantee a minimum availability of 99.5% per calendar month, exclusive of External Outages.

b. External Outage events. The Target Resolution Times indicated in the Support Tables below do not apply to Critical Severity 1 and High Severity 2 incidents caused by any External Outage events.

c. Scheduled Maintenance. FORWARDKEYS performs occasional routine maintenance. Routine maintenance activity does not generally affect the continuity of the Services. Should portions of the Services be rendered unavailable during these maintenance periods, FORWARDKEYS shall provide 48 hours advance written notice of such scheduled maintenance.

3. SUPPORT CONTACTS

Support inquiries may be submitted via e-mail at support@forwardkeys.com. FORWARDKEYS will provide Customers with any updated or change in contact information.

4. SUPPORTED ISSUES.

The Support Services include the resolution of the following issues (“Issue”):

(i) Failure of availability of the Services; or
(ii) A failure of the technology underlying the Services and associated Data to conform to the specifications set out in the agreement related to the Services, resulting in the inability to use or the restriction in the use of the Services.

5. NON-SUPPORTED INCIDENTS.

The Support Services do not include:

(i) Technical Assistance: Questions about product usage, configuration or custom development support, or non-bug related technical problems.
(ii) Enhancement Requests: A lack in current features of the Service requiring new programming, and/or requests for product enhancements
(iii) Other requests: Any other requests different from those defined at “Supported Issues”.

6. CONDITIONS FOR PROVIDING SUPPORT.

FORWARDKEYS obligation to provide Support Services is conditioned upon the following: (a) the Customer makes reasonable efforts to correct the Issue after consulting with FORWARDKEYS, if Customer’s involvement is required; (b) Customer provides FORWARDKEYS with sufficient information and resources to identify and correct the Issue, as well as access to personnel, hardware, and any additional software involved in discovering the Issue (if required); (c) Customer procures, installs and maintains all equipment, telephone lines, communication interfaces, operating environment software and hardware necessary to access correctly the Service.

7. RESPONSE AND TARGET RESOLUTION TIMES.

On being informed of an Issue, FORWARDKEYS undertakes to:

(i) assign the appropriate Severity Level to each reported Issue,
(ii) track all Issues through to resolution,
(iii) make commercially reasonable effort to provide a resolution for the Issue according to the Target Resolution Times indicated in the Support Tables below; and
(iv) provide appropriate notification to Customer upon completion of corrective action by e-mail or telephone.

All Data Questions inquiries will be routed to the appropriate FORWARDKEYS team for research and response.

8. SUSPENSION AND TERMINATION OF SUPPORT SERVICES.

FORWARDKEYS reserves the right to suspend performance of the Support Services if Customer fails to pay any amount that is payable under the applicable service agreement when such amount becomes due.

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