Service Level Agreement

This SLA is an addendum to the Terms agreed to between Customer and company AdoptoTech d.o.o. (TalentLfyt), Zagreb, Ulica Ljudevita Posavskog 34A, OIB: 57168930727, MBS: 080985522 (Parties).

Definitions

'SaaS': The software-as-a-service for recruitment and/or talent acquisition that is provided to the Customer under Terms;

'Subscription': A paid subscription for the SaaS;

'Functionality': a function or possibility of the SaaS that is described in the Agreement or the Documentation, whether further divided into sub functionalities and/or sub possibilities or not;

Applicability of this SLA

In case of any inconsistencies between this SLA and the Terms, this SLA will prevail. If the Parties have entered into a data processing agreement relating to the processing of personal data (‘DPA’) in relation to a Subscription, then the DPA will prevail over this SLA in relation to such a Subscription. This SLA will not apply to a Subscription if the Parties have duly executed a separate written service level agreement/addendum that is applicable to such a Subscription.

System Availability

Availability

TalentLyft warrants a minimum average availability of 99.9% per quarter for the majority of the Functionalities of the SaaS (“Service Availability”). Availability of each major function of the SaaS are here: https://status.talentlyft.com.

Exclusions

TalentLyft is considered to be available in so far as downtime results from or can be attributed to:

  • The Customer using or opting-in for features designated by TalentLyft as alpha or beta;

  • Factors outside of TalentLyft’s reasonable control;

  • Violation of the Terms or this SLA by the Customer;

  • Use of functionality by the Customer in a manner for which it was not designed or intended;

  • Downtime that was planned by TalentLyft and announced in advance.

Calculations

For the purposes of this article a quarter is every consecutive 3-month period after the start of the Subscription for the SaaS. The quarterly fee for the SaaS will be calculated pro rata from the Subscription fee of the SaaS.

Service Penalties

Should TalentLyft fail to achieve its Service Availability as described in this document and upon Customer’s written request, it shall pay to the Customer a penalty of 10% of the Subscription Fees paid during the last 12-month period (calendar year) per each 1% below the committed Service Availability.

Service Penalties and Liabilities of any kind that may arise from using the TalentLyft Services are limited to 100% of paid Subscription Fees paid in the last 12 months.

Customer Support

TalentLyft offers support services for the SaaS in accordance with the following terms.

Support Hours

Support is provided 24 hours per day, 7 days per week via TalentLyft’s Chat Messenger. Phone or email support is provided during TalentLyft’s working hours: Monday - Friday from 09:00 to 17:00 CEST. TalentLyft’s clients also have the Knowledge Base at their disposal at any time, located at https://help.talentlyft.com/en.

Incident Submission and Customer Cooperation

Customers may report errors or abnormal behavior of the Service ("Incidents") by contacting TalentLyft via the chat messenger. Customers will provide information and cooperation to TalentLyft as reasonably required for TalentLyft to provide Support. This includes, without limitation, providing the following information to TalentLyft regarding the Incident:

  • Aspects of the Service that are unavailable or not functioning correctly

  • Incident's impact on users

  • Start time of Incident

  • List of steps to reproduce Incident

  • Relevant log files or data

  • Wording of any error message

Incident Response

TalentLyft's Support personnel will assign a priority level ("Priority Level") to each Incident and seek to provide responses in accordance with the table below.

Priority Level

Description

Target Response Times

Priority 1

Operation of the Service is critically affected (not responding to requests or serving content) for a large number of users; no workaround available.

2 Hours

Priority 2

Service is responding and functional but performance is degraded, and/or Incident has potentially severe impact on operation of the Service for multiple users.

1 Working Day

Priority 3

Non-critical issue: no significant impact on performance of the Service but user experience may be affected.

2 Working Days

Priority 4

Miscellaneous: not affecting the workflow at all but would be a good-to-have feature or enhancement to the User experience.

3 Working days

Exclusions

TalentLyft will have no obligation to provide Support to the extent an Incident arises from: (a) use of the Service by Customer in a manner not authorized in the Terms or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of TalentLyft's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; or (d) third party systems, acts or omissions.

System Response Time

To ensure the best experience for its users, TalentLyft commits on actual page response time, i.e. the time it takes for the page to display on the user’s screen.

The response time is defined as the average time needed to get a page displayed on the user’s screen using a standard scenario: login, jobs, edit job details, view candidates, open candidate details, search candidates etc. Your network should be able to ping talentlyft.com in less than 100ms and have a download speed of at least 512 KB/s.

Target average page response time is:

  • Under 1 sec

  • Maximum 5 sec

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