BrandSwap – Brand to Brand Partnerships
BrandSwap Service Level and Support Policy
1. Definitions
1.1. Unless otherwise defined below, all capitalised terms in this Service Level and Support Policy (“this Policy”) shall have the meaning given to them in BrandSwap’s terms and conditions, as set out at https://brandswap.com/terms-and-conditions/ (the “Terms and Conditions”).
1.2. The following definitions are applicable to this Policy.
Availability or Available: means that the Services are available for access and use by the Customer.
Exclusions: the matters which will be excluded from the calculation of Target Availability, as set out at paragraph 3.
Incident: means any failure of, error in or abnormal behaviour of the Services.
Resolution time: means the amount of time it takes for BrandSwap’s Support Services team to resolve an Incident after that Incident has been reported.
Response Time: means the amount of time it takes for BrandSwap’s Support Services team to contact the Customer after an Incident has been reported.
Scheduled Maintenance: means scheduled routine maintenance of the Services for which BrandSwap notifies the Customer at least two days in advance. Scheduled Maintenance will not exceed 4 hours per month and BrandSwap will use commercially reasonable efforts to perform Scheduled Maintenance during off peak hours.
Service Credit: means the service credits specified in the table at paragraph 5.1.
Services: has the meaning set out in the Terms and Conditions.
2. Availability
2.1. BrandSwap will use commercially reasonable efforts to make the Services Available for 99.5% of the time during each calendar month, subject to any Exclusions (“Target Availability”).
3.1. The following will be excluded from the calculation of Target Availability, to the extent that the Services are not Available due to:
3.1.1. Use of the Services by the Customer in a manner not authorised in the Terms and Conditions;
3.1.2. BrandSwap undertaking Scheduled Maintenance or reasonable emergency maintenance;
3.1.3. General problems with the internet or outages of utilities which are beyond BrandSwap’s reasonable control;
3.1.4. Other events, circumstances or causes beyond BrandSwap’s reasonable control (as described at clause 13 of the Terms and Conditions);
3.1.5. The Customer’s hardware, software, network connections or other infrastructure;
3.1.6. The acts or omissions of third party systems or service providers required by the Customer.
4. Calculation of Availability
4.1. The following definitions shall apply for the purposes of calculating Availability of the Services during a calendar month:
Total Time: means the total amount of time during the particular calendar month, minus any time which is covered by an Exclusion;
Outage Time: means any time during the calendar month for which the Services are not Available, such time not being covered by an Exclusion;
Uptime: means Total Time minus Outage Time;
Availability: shall be calculated as a percentage as follows: (Uptime / Total Time) x 100%
5. Service Credits
5.1. In the event that BrandSwap is unable to achieve the Target Availability in any given calendar month then, as its sole remedy, the Customer will receive a Service Credit. The applicable Service Credit percentage will be calculated by reference to the Fees payable to the Customer by BrandSwap under the Terms and Conditions for the month in which Target Availability was not achieved. The Service Credit will then be added to the Fees payable by BrandSwap for the following calendar month.
|
Services Availability |
Service Credit |
|
Availability of 99.0% – 99.5% |
5% |
|
Availability of 97.0% – 98.9% |
10% |
|
Availability of 95.0% – 96.9% |
15% |
|
Less than 95.0% |
20% |
6. Support Services
6.1. This paragraph describes the standard support services (“Support Services”) provided by BrandSwap to Customers in respect of the Services (at no additional cost to the Customer). If it wishes to do so, the Customer may purchase enhanced support services separately at BrandSwap’s then current rates.
6.3. BrandSwap’s Support Services team is available 24 hours a day, 7 days a week for Incidents assigned as Critical or High priority, and in the following business hours (“Business Hours”) for all other Incidents. Business Hours exclude regional holidays and weekends.
6.4. When reporting an Incident to BrandSwap’s Support Services team, the Customer shall provide all information and co-operation as may reasonably be required by BrandSwap to resolve the Incident.
6.5. BrandSwap’s Support Services team will assign a priority level to each Incident and will resolve them in that order or priority. The following table provides guidelines for how Incident priorities are assigned:
|
Description |
|
|
Critical |
· Complete service outage. One or more Services are inaccessible / unavailable. · Use of the Services results in the Customer’s e-commerce site ceasing to operate. · No workarounds have been provided. |
|
High |
· One or more Services are affected. Services are available but performance is seriously degraded. Performance issues observed are not due to network conditions. · Use of the Services causes some business interruption to the Customer’s e-commerce site. · No workarounds have been provided. |
|
Normal |
Anything which does not classify as Critical, High or Low is Normal priority. |
|
Low |
· Customer observes no loss or degradation of Services. · No impact to the functionality of the Services and to Customer’s production environment or business. This category includes requests about BrandSwap as a whole, such as enhancement, information, billing, documentation, and how-to questions. |
6.6. The following table sets out BrandSwap’s target Response Time and Resolution Time for each Incident, according to the priority assigned to it:
|
Incident priority |
Response Time within: |
Resolution Time within: |
|
Critical |
30 minutes during Business Hours or 4 hours at any other time |
8 hours |
|
High |
2 hours during Business Hours or 8 hours at any other time |
24 hours |
|
Normal |
8 hours |
7 days |
|
Low |
24 hours |
28 days |
Response times are measured from the moment a support request is sent to BrandSwap using one of the methods outlined at paragraph 6.2 above. BrandSwap is deemed to have responded when it has replied to the initial request.
BrandSwap will always endeavour to resolve Incidents as quickly as possible. The table above lists the target Resolution Times for BrandSwap; those times are not guaranteed because the nature and causes of Incidents can vary enormously.
6.7. BrandSwap shall have no obligation to provide Support Services to the extent that an Incident arises from any of the following:
6.7.1. Use of the Services by the Customer in a manner not authorised in the Terms and Conditions;
6.7.2. General problems with the internet or outages of utilities which are beyond BrandSwap’s reasonable control;
6.7.3. Other events, circumstances or causes beyond BrandSwap’s reasonable control (as described at clause 14 of BrandSwap’s terms and conditions);
6.7.4. The Customer’s hardware, software, network connections or other infrastructure;
6.7.5. The acts or omissions of third party systems or service providers required by the Customer.