Service Level Agreement

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Service Level Agreement

Introduction

This Service Level Agreement (“SLA”) describes the levels of service that a customer of NxtPort CVBA (the “Subscriber”) will receive from NxtPort CVBA (“NxtPort”). This SLA supplements the General Terms and Conditions or, if applicable, the specific agreement entered into between the Subscriber and NxtPort (the “Customer Specific Agreement”). Capitalized terms used in this SLA and not separately defined shall have the respective meanings ascribed in the General Terms and Conditions or the Customer Specific Agreement.

Purpose

The Subscriber relies on the Platform provided, maintained and supported by NxtPort. Some elements of the Platform are of critical importance to Subscriber’s business.

This SLA sets out what levels of availability and support the Subscriber is guaranteed to receive for specific items of the Platform. It also explains what penalties will be applied to NxtPort should it fail to meet these levels.

This SLA forms an important part of the contract between the Subscriber and NxtPort. It aims to enable the two parties to work together effectively.

Dates and reviews

This SLA begins on 01-02-2018 and will run for a period of 12 months.

It may be reviewed and amended by NxtPort at any point.

Items covered

The below table of covered items lists all items covered by this SLA (the “Items Covered”). It also indicates the item’s Priority level and whether NxtPort guarantees Support response times, Uptime and/or Service response time.

This table may be updated at any time by NxtPort.

 

Table of Items Covered

 

Item

Priority level

Guaranteed Uptime

Guaranteed Service Response time

Guaranteed Support Response time

Import Consignment Data API - Live

1

YES

YES

YES

VGM API – Live

1

YES

YES

YES

UN/LOCODE API – Live

3

YES

YES

YES


Exclusions

This SLA is written in a spirit of partnership. NxtPort will endeavour to rectify every issue in a timely manner.

However, there are a few exclusions. This SLA does not apply to:

  • any equipment, software, services or other parts of the Platform not listed above;
  • Software, equipment or services not purchased via and/or managed by NxtPort including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
  • Services and items offered by NxtPort in the NxtPort marketplace at http://market.nxtport.eu which are marked as “Sandbox”, i.e. intended for development and testing purposes only;
  • Services and items offered by third parties in the NxtPort marketplace at http://market.nxtport.eu and marked as such.

Additionally, this SLA does not apply:

  • if the issue is caused by using equipment, software or service(s) in a way that is not recommended or not in full compliance with any documentation or guidelines provided by NxtPort;
  • issues that result from Subscriber’s unauthorized action or lack of action when required, or from Subscriber’s employees, agents, contractors, or vendors, or anyone gaining access to the Platform by means of Subscriber’s passwords or equipment, or otherwise resulting from Subscriber’s failure to follow appropriate security practices;
  • issues that result from Subscriber’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or Subscriber’s use of the Platform in a manner inconsistent with the features and functionality of the Platform (for example, attempts to perform operations that are not supported) or inconsistent with NxtPort’s published guidance;
  • in circumstances that could be reasonably said to be beyond NxtPort’s or a Force Majeur Event;
  • if the Subscriber is in breach of its contract with NxtPort for any reason (e.g. late payment of fees).

Responsibilities


NxtPort
’s responsibilities

NxtPort will:

  • provide and maintain the Platform in accordance with this SLA;
  • ensure the Items Covered are available to the Subscriber in line with the uptime levels listed below;
  • respond to Support requests within the timescales listed below;
  • take reasonable steps to escalate and resolve issues in an appropriate, timely manner;
  • maintain efficient communication with the Subscriber at all times.

Subscriber’s responsibilities

The Subscriber will use the Platform in a manner consistent with the features and functionality of the Platform and consistent with NxtPort’s published guidance.

Additionally, the Subscriber will:

  • -notify NxtPort of issues or problems in a timely manner, via email to support@nxtport.eu. This triggers a ticket in NxtPort’s online support ticketing system.
  • maintain efficient communication with NxtPort at all times.

Guaranteed Uptime

In order to enable the Subscriber to do business effectively, NxtPort guarantees that the Items Covered will be available for a certain percentage of time (“Uptime”).

For items marked as having Guaranteed Uptime in the table of Items Covered, the following uptime levels apply:

 

Priority level

Guaranteed Uptime

Penalty per hour

(prorated to the nearest minute)

1

99%

5% of monthly fee

2

99%

2% of monthly fee

3

99%

1% of monthly fee

 

Scheduled Maintenance

In maintaining and developing its Platform, NxtPort may on occasion need to temporarily take the Platform or certain parts of it offline. NxtPort commits to limiting outages related to Scheduled Maintenance to 2 windows of 4 hours per calendar month,  and will inform the Subscriber of the Scheduled Maintenance at least 2 weeks beforehand.

Measurement

Uptime is measured by using NxtPort’s automated systems, over each calendar month and excluding Scheduled Maintenance windows. It is calculated to the nearest minute, based on the number of minutes in the given month. For instance, a 31-day month contains 44,640 minutes.

Penalties

If Uptime for any Item Covered drops below the relevant threshold, a penalty will be applied in the form of a credit for the Subscriber.

This means the following month’s fee payable - for the Item Covered which was impacted - by the Subscriber will be reduced on a sliding scale.

The level of penalty will be calculated depending on the number of hours for which the item was unavailable, minus Scheduled Maintenance and downtime permitted by the SLA, and as specified in above table.

Uptime level penalties in any month are capped at 50% of the Covered Item’s monthly fee.

Guaranteed Service Response time

For Items Covered marked as having Guaranteed Service Response Time in the table of Items Covered, the following Service Response Times apply:

 

Item

Guaranteed Service Response Time

Penalty

Import Consignment Data API - Live

NxtPort guarantees that in 99% of the times, import consignment data will be available for request within 60 seconds after the originating CUSCAR message was made available on the platform.

Not applicable

VGM API – Live

NxtPort guarantees that in 99% of the times, VGM data will be available for request within 60 seconds after the originating VERMAS message was made available on the platform.

Not applicable

UN/LOCODE API – Live

NxtPort guarantees that the UN/LOCODE data will be updated within two weeks after an update has been made available

Not applicable


Measurement

Service Response Time is measured as specified in above table.


Penalties

Not applicable for the Covered Items currently available.


Guaranteed Support Response time

NxtPort commits to responding in a timely fashion to support issues raised by the Subscriber.

Guaranteed Support response times depend on the priority level of the Item(s) Covered affected and the severity of the issue.

For Items Covered marked as having Guaranteed Support Response Time in the table of Items Covered, the following Support Response Times apply:

 

 

Issue Severity

Penalty per hour

(prorated to the nearest minute)

 

Fatal

Severe

Medium

Minor

Item Priority Level 1

15 minutes

15 minutes

30 minutes

60 minutes

5% of monthly fee

Item Priority Level 2

30 minutes

30 minutes

45 minutes

60 minutes

2% of monthly fee

Item Priority Level 3

60 minutes

60 minutes

75 minutes

90 minutes

1% of monthly fee


Severity levels

The severity levels are defined as follows:

Severity level

Definition

Fatal

Complete degradation — all users and critical functions affected. Item or service completely unavailable.

Severe

Significant degradation — large number of users or critical functions affected.

Medium

Limited degradation — limited number of users or functions affected. Business processes can continue.

Minor

Small degradation — few users or one user affected. Business processes can continue.


Measurement

Support Response times are measured using NxtPort’s online support ticketing system, which tracks all issues from initial reporting to resolution.

Support Response times are measured from the moment the Subscriber submits a support request until NxtPort responds to that support request. Subscriber is deemed to have submitted a support request when it has reported the issue via email to support@nxtport.eu – which triggers a ticket in NxtPort’s ticketing system. NxtPort is deemed to have responded when it has replied to the Subscriber’s initial request, in the form of an email, response via the ticketing system or telephone call, to either provide a solution or request further information.

Support Response times apply during standard working hours (9h-17h30 CET) only, except when a dedicated support contract between the Subscriber and NxtPort includes provisions for out of hours support. For instance, if an issue is reported at 17h CET with a response time of 60 minutes, NxtPort has until 9h30 CET the following day to respond.

It is vital the Subscriber raises every issue via NxtPort’s online support ticketing system. If an issue is not raised appropriately through NxtPort’s ticketing system, the guaranteed Support response time does not apply to that issue.

Penalties

If NxtPort fails to meet a guaranteed Support Response Time, a penalty will be applied in the form of a credit for the Subscriber.

This means the following month’s fee payable - for the item which was impacted - by the Subscriber will be reduced on a sliding scale.

The level of penalty will be calculated depending on the number of hours by which NxtPort missed the Support response time, as specified in above table.

Support response time penalties in any month are capped at 50% of the Item Covered’s monthly fee.

Resolution times

NxtPort will always endeavour to resolve problems as swiftly as possible. It recognises that the items used by the Subscriber are key to the Subscriber’s business and that any downtime can cost money.

However, NxtPort is unable to provide guaranteed resolution times, as the nature and causes of problems can vary enormously.

For instance, it may be possible to resolve a fatal server issue in minutes, simply by restarting the server. But if a server fails due to disk error or a hardware fault (also classed as a fatal issue) it may take much longer to get back up and running.

In all cases, NxtPort will make its best efforts to resolve problems as quickly as possible and will provide frequent progress reports to the Subscriber.

 

Right of termination

NxtPort recognises that it provides items that are critical to the Subscriber’s business.

If NxtPort fails to meet the service levels described in this document more than 5 times one calendar month, the Subscriber may terminate its entire contract with NxtPort, with no penalty.