A. INTRODUCTION
This Service Level Agreement (SLA) describes the services’ levels that customers under an active contractual relationship (Client/Clients) will receive from IMB (Service Provider) as regards Alpha Cloud Financial Program.
This SLA should be read in conjunction with the Terms of Service (Terms of Service – IMB) between the Client and the Service Provider. It covers the main support services offered by the Service Provider.
Scope
This SLA sets out the levels of availability and terms of support guaranteed to the Customer by the Service Provider concerning the use of Alpha Cloud program.
This SLA is an important part of the contract between the Client and the Service Provider, aiming at an efficient cooperation between the parties.
Time period
The time period of this agreement corresponds to the one of the subscription contract, signed between the parties.
Service Provider’s Contact
Concerning support requests, the Client can contact the Service Provider at:
B. THE SYSTEM CONDITION AND THE ACCESS TO ALPHA SYSTEM
B.1 The condition of the system at the beginning of the service agreement, the scope of the system functionalities and the quality of the functioning of the system.
The Alpha system is offered to the Client in the condition, with the functionalities and with the quality of operation with which this system is made available at the moment of the signing of the service agreement (initial state).
The non-functioning of Alpha system is defined as:
- inability to access the system (for the definition of accession to Alpha System, please see paragraph B.2.)
- reduction of these functionalities,
- slowing down of one of these functionalities,
- malfunction or deficiency of one or some of these functionalities.
In case of non-functioning of the Alpha system, the Client is instructed to contact the Service Provider through the support channel as defined in Chapter A.
B.2. Accession to Alpha System
Alpha System can be accessed through the link http://cloud.alphaweb.al/. In case the Service Provider decides to change the program’s access link, this will be communicated by email to the Client’s contact address up to 3 hours before the change of the link.
The Alpha System is considered accessible when:
- The Service Provider can demonstrate the possibility of successfully accessing the system from any device connected to the Internet.
- The Service Provider can demonstrate, with the Client’s access permission and Client’s oversight, the possibility of successfully accessing the Client’s account.
Alpha System is considered inaccessible if the Service Provider is unable to demonstrate one of the two options mentioned in the preceding paragraph.
C. SERVICES
C.1. Covered Services
This SLA only covers services provided by the Service Provider for subscription purposes in the Alpha Cloud program.
The services included in this agreement are as follows:
- Assistance as regards any technical questions, ambiguities regarding the technical operation of the program or request for support for the Alpha program.
- Instructions, training materials and explanatory videos for actions with the financial program.
- Access to the service portal https://helpdesk.alpha.al
- Video training of staff with video-call.
This agreement is only applicable to these services and offers no warranty regarding other services beyond this list.
C.2 Restraints
This SLA has been drafted and signed in good faith. The Service Provider will make every effort to correct any problems as above within a reasonable time in accordance with the provisions of this Agreement.
Exceptionally, this agreement does not apply to:
- Equipment, programs, services, third parties or any other part of the program not listed above;
- Software, equipment or services not provided by the Service Provider.
In addition, this SLA does not apply when:
- The problem is caused by using equipment, software or services in a way that is not recommended;
- The Client has made unauthorized changes to the configuration of the equipment, program or services;
- The Client has not allowed the Service Provider to perform support or provision of services under the contract;
- The problem is caused by other equipment, programs or services that are not part of the subscription contract.
This SLA does not apply in circumstances that are beyond the reasonable control of the Service Provider, for example: floods, earthquakes, war, civil unrest, etc.
This SLA also does not apply if the Client is in breach of its contractual obligations to the Service Provider for example: late payment, breach of Terms of Service, etc.
D. LIABILITIES
D.1 Service Provider’s Liabilities
The Service Provider will provide support for the Alpha Cloud program used by the Client.
The Service Provider will make the Alpha Cloud program available through the Client login to the program.
In addition, the Service Provider will:
- Ensure, when necessary, that the program and services provided in Chapter C are available to the Client;
- Responds to requests for support within the timeframes set out in Chapter E;
- Take steps to resolve issues within the time limits of Chapter E;
- Maintain good communication with the Client at all times.
The Service Provider shall not be liable for any warranties other than those expressly stated in the contract.
D.2. Client’s Liabilities
The Client will use the system provided by the Service Provider in accordance with the purpose for which the system was created.
The Client will provide the Service Provider with the Client’s contact addresses which they will contact regarding any requests for services involved.
The Client will also:
- Notify the Service Provider about issues or problems included in Chapter B in a timely manner;
- Provide the Service Provider with access to equipment or software in the event that this is required by the Service Provider concerning the support services.
- Maintain good communication with the Service Provider at all times.
E. RESPONSE TIME
E.1 Response Time for Priority 1 Issues (Highest)
This paragraph applies only to customer requests related to Priority 1 issues. Priority 1 includes only issues related to accession to the system (paragraph B2).
The moment the Client will request service for a Priority 1 issue, the Service Provider will respond within the shortest possible time, in accordance with the following timeframes:
First Response Time
First response time is the time within which the Service Provider responds for the first time to the request for Customer support, not including issue resolution. It is applicable to business hours (Monday to Friday, 9.00 to 17.00, excluding public holidays).
The first response time will be 20 minutes from the arrival of the request.
In cases where the request arrives during the holidays, the first response time will be 24 hours.
Transitional Resolution Time
Transitional Resolution Time is the time within which the Service Provider offers a temporary solution to the problem. It applies to business hours (Monday to Friday, 9.00 to 17.00, excluding public holidays).
The Transitional Resolution Time will be 90 minutes from the arrival of the request.
In cases where the request arrives during holidays, the maximum Transitional Resolution Time will be 48 hours.
Final Resolution Time
Final Resolution Time is the time within which the Service Provider ensures the return of the program functionalities into their initial state (for the definition of the initial state of the system please read paragraph B1).
The Final Resolution Time will be 2 weeks from the arrival of the request.
E.2 Response Time for Priority 2-5 Issues (High, Medium, Low, Lowest)
This paragraph applies to customer requests related to issues other than those concerning Priority 1. Priority 1 concerns only issues related to system access (paragraph B2).
The moment the Client will request service for a Priority 2-5 problem, the Service Provider will respond as soon as possible, in accordance with the following timeframes:
First Response Time
First response time is the time within which the Service Provider responds for the first time to the request for Customer support, not including issue resolution. It is applicable to business hours (Monday to Friday, 9.00 to 17.00, excluding public holidays).
The first response time will be 20 minutes from the arrival of the request.
In cases where the request arrives during the holidays, the first response time will be 24 hours.
Final Resolution Time
Final Resolution Time is the time within which the Service Provider ensures the return of the program functionalities into their initial state (for the definition of the initial state of the system please read paragraph B1).
The Final Resolution Time will be 2 weeks from the arrival of the request.
E.3. Downtime
Unscheduled Downtime
Unscheduled downtime includes cases where the program is not accessible (as defined in paragraph B.2.) due to external delays, e.g. Cloud platform delays, problems in case of defects that do not depend on the Service Provider, etc.
The maximum duration of unscheduled downtime is 10 hours per month.
Scheduled Downtime
Scheduled downtime includes cases where the program is not accessible (as defined in paragraph B.2.) due to system upgrades, the addition of new general functionalities, the addition of new functionalities according to the specific requirements of the Client, etc. Scheduled downtime will be communicated to the customer by email at the customer contact address up to 3 hours before the temporary restriction of access to the system.
The maximum duration of scheduled downtime is 5 hours per month.
F. CONSEQUENCES FOR BREACHING THE ABOVE TIMEFRAMES
The Service Provider is aware that it provides services that are critical to the Client’s business.
If the Service Provider consistently fails to meet the service levels described in this document, the Customer may terminate the Contract without penalty.
This right is available to the Client if the Service Provider fails to provide support within the above timeframes more than five times in each calendar month.
In any case, the Client can not claim a refund for the period that the contract has been in force, but can claim compensation for 50% of the remaining part of the fee from the moment of termination of the contract until the scheduled end of the contract.