Xenatus | Service Level Agreement

Xenatus Global Ltd. - Service Level Agreement

HOSTING

Client

Client (“Client”),

Introduction

Whereas, Xenatus Global Ltd (Contractor) (Xenatus) and Client have a signed Master Services Agreement and this Service Level Agreement (SLA) is issued pursuant to the Master Services Agreement and a Statement of Work defining the service to be performed by Xenatus (Service).

Xenatus provides Services to Clients, and Partners who in turn, together with Xenatus, compose and provide Cloud Services to their respective customers. This SLA describes the responsibilities and the service level guaranties of Xenatus in the delivery of the Services to the Partner or to the Client. The service levels and guarantees in this document are in effect upon acceptance by Partner or Client of Xenatus’ Service delivery.

Position of this SLA

Xenatus will take on full responsibility towards Client in the delivery of its Services. In case the Services are going through a Partner, as a condition this SLA must be presented to the end customer as a sole document or as integral part of the Partner’s SLA. Also, Partner must add “Xenatus Conditions” and what it includes in their contract.

This SLA inherently applies to all Microsoft Dynamics Services provided by Xenatus. This version of the SLA (see cover sheet for version number) replaces all previous versions of the SLA relating to delivery by Xenatus of Services. The term of this SLA is to be in line with the term of the Services agreed to with Xenatus in a formal agreement or Statement of Work.

Versioning

Xenatus issues and publishes a new version of this SLA usually on an annual basis. Newly released SLA’s are effective 30 days after Publication, without further notice.

Definitions

All words written with a capital in this document are either defined in the Customers Conditions or in this chapter and have a meaning as described in below.

Authorized Persons - Designated employees of Partner or Client with privileges to report Incidents or log Changes for Services of Partner or Client at Xenatus.
Availability - Proportion of the month in which there is no Unavailability of a Service.
Change - Change of a Service or Service configuration.
Cloud Services - The specific software solution and configuration delivered by Xenatus to Client or by Partner to its Customer making use of the services
Customer - Customers are clients of Partners of Xenatus who are authorized by Xenatus to use Xenatus products and receive services provided by Xenatus
Disaster - Disruptions in terms of Availability and/or security of such a scale that the customary preventive measures are insufficient to restore the Availability of Services within the service levels.
Downtime - The duration, rounded in minutes, during which the Service is Unavailable.
Emergency Maintenance - Immediate maintenance which is required to recover or maintain Availability and/or security; if directed or instructed by suppliers.
Incident - Unavailability or other deterioration of a Service.
Maintenance Window - Period during which Xenatus can perform announced maintenance that could result in reduced performance or Unavailability.
Microsoft Dynamics - Microsoft and Dynamics are tradenames of Microsoft Inc and refers to the set of applications delivered, maintained by Microsoft Inc. All responsibility for the proper functioning of these applications are with Microsoft
Microsoft Azure - Microsoft and Azure are tradenames of Microsoft Inc and refers to the infrastructure and set of applications delivered, maintained by Microsoft Inc. All responsibility for the proper functioning of these applications are with Microsoft
Partner - A Microsoft reseller who are authorized to resell Xenatus products and services to their respective Clients
Planning - Indication of lead time, effort and/or delivery.
Platform - The set of technical installations consisting of hardware and software for the delivery of Services in general.
Report - Informing Xenatus with regard to an Incident, breaches or non-compliances in accordance with Partner’s obligations.
Request - When Partner requests Xenatus to perform work. A Request can be a Change Request or Service Request.
Response Time - The time between a correct Report by the Partner or Client and the moment that Xenatus notifies the Partner or Client of the start of the Incident management process.
Service Fee - A monthly fee for acquiring Services from Xenatus, typically charged either per (named) user per month or per capacity
Service Request - A standard change of- or information on a Service or Service configuration which does not require a Change.
Unavailability - A Service is considered as unavailable if an automated monitoring system detects this condition; or if a Service is marked as unavailable as a result of a Priority 1 Incident Report.
Urgent - Changes that require immediate execution. This is determined in consultation with Xenatus Service Center.

What We Deliver

Microsoft Dynamics Services

Xenatus offers Microsoft Dynamics 365 Business Central and NAV applications on its Platform, offered in a SaaS (=Software as a Service) model on the Microsoft Azure infrastructure. The set-up for these applications is performed according to the Microsoft Reference architecture, which offers the highest Availability and performance.

Xenatus Services:

Installation and configuration of Microsoft Dynamics applications according to Microsoft best practices
Roll-ups or cumulative updates on Dynamics applications (Required)
Periodic next version upgrade analysis and recommendations for Dynamics applications (Required)
Next version test environment for Dynamics applications (on request - Billed on Time and Material Basis)
Implementation, configuration and monitoring of Microsoft SQL database backups
Periodic integrity verification of Microsoft SQL database backups
Ad-hoc backup and restore of Microsoft SQL databases (on request - Billed on Time and Material Basis)
Xenatus application monitoring
Standby environment for Disaster recovery (on request - Billed on Time and Material Basis)
Microsoft Dynamics Application user account management

Performance Guarantees

Where the Service is offered through a Partner, the performance of Cloud Services is a joint responsibility of Partner and Xenatus whereby Xenatus is responsible for the set-up and scaling of the infrastructure. Xenatus is committed to deliver quality performance of its Services, its infrastructures and the manner in which the software is installed. Performance issues due to the configuration or customization of the Microsoft Dynamics Services or the use of additional software and applications deployed in or in relation with the Microsoft Dynamics Services by Partner/Client/3rd-Party in order to provide Cloud Services are the responsibility of the Partner or Client who authorized them. In such cases, the up-scaling of the Xenatus Platform could lead to additional infrastructure and/or Service Fees that Xenatus would share with Partners or Clients. Partners are responsible for informing their Customers of potential performance impact and pricing consequences before making any business proposal.

Security

The security of the Cloud Services is a joint responsibility of Customer, Xenatus and Partner where applicable, whereby Xenatus has configured the Service it delivers in such a way that information is optimally protected.

Backup

Xenatus performs backups of the application and Microsoft SQL databases. Backups of data in Partner or Clients specific (custom) software, add-ons, etc. which require additional backup software, -logic or -procedures are explicitly excluded. Backups are conducted as such:

Hourly Log backup - Retention 14 days

Daily incremental - Retention 14 days

Weekly full backup - Retention 1 Month

Data Restore

Data can be restored from backups through a Change request by the Client or Partner. Partner on behalf of Customer or Client can request the restore of data for a specified date within the defined backup retention scheme.

Upon termination of Services, and full payment of all outstanding invoices, Xenatus provides the Client or Partner with the latest backup of specified data when requested by Client or Partner. The method of making this backup available is determined by Xenatus.

Microsoft SQL Database

Xenatus performs daily backups of all Microsoft SQL databases that are part of Microsoft Dynamics Services. The backups follow a retention scheme outlined the Backup section above within this document.

Database Restore

Databases can be restored from backups through a Change Request. Partner on behalf of Customer or Client can request the restore of data for a specified date within the defined backup retention scheme.

Upon termination of Services, and full payment of all outstanding invoices, Xenatus provides the Partner or Client with the latest backup of specified database when requested by Partner or Client. The method of making this backup available is determined by Xenatus.

Rollups

Application rollups on Microsoft Dynamics Services are applied by Xenatus, within maintenance windows and follow the standard Change management process.

Release management

Xenatus follows Microsoft’s application life cycle to make sure delivered Microsoft Dynamics Services are and remain fully supported by Microsoft. Periodic next version upgrade analysis are performed on Services and communicated to Partners or Clients when applicable.

The responsibility to initiate the upgrade to a new version or major release of the Microsoft Dynamics application is with the Partner or Client. If Xenatus’ support is required for upgrade or migration, this should be done by means of Change Request.

The service levels and guarantees mentioned in this document expire when Partner or Client requires the use of end of life applications and/or versions as part of delivered Services. Furthermore the following conditions apply on Services which require the use of end of life applications and/or versions:

Service levels and guarantees expire for Service.
To prevent security and/or Availability issues Xenatus will isolate the Services, any and all costs made are billed to Partner or Client on a time-materials basis.
Costs for use of (end of life) support, when available, for applications are billed to Partner or Client on a time-materials basis.

Disaster Recovery

Xenatus offers optional disaster recovery services to support business continuity. This option carries time and materials costs. In such service, Microsoft Dynamics Services are duplicated and synchronized to a secondary standby server upon Partner or Client request and carries additional time and material costs.

Annual tests of disaster recovery service can be initiated by Partner or Client through a Service Request and will be charged on a time material basis.

Disaster Recovery Service Restrictions

Equipment and software specifications may differ from primary location.
Systems and data on the standby location are excluded from regular backup routines.

How We Work

Support

Partners and Clients can contact the Xenatus service center for Incident Reports and Change Requests via Xenatus Support Portal (support.xenatusglobal.com). In the event of priority 1 Incidents (detailed below), the Client or Partner must call Xenatus service center. Client or Partner must have an active support plan with Xenatus.

Unless Client has a direct transactional relationship with Xenatus, the Partner is primarily responsible for the handling of Incident reports and Change Requests initiated by its Customers.

Service Center Hours of Operation (Opening Hours)

Coverage parameters specific to the service(s) covered in this Agreement are as follows:

Telephone support: 8:30 A.M. to 5:30 P.M. (GMT+2) Monday – Friday (except public holidays in Cyprus)
Calls received out of office hours will not be answered; client is expected to record any issues through the Support Portal
Email / Portal support: Monitored 8:30 A.M. to 5:30 P.M. (GMT+2) Monday – Friday (except public holidays in Cyprus)
Emails / Portal tickets received outside of office hours will be collected, however no action can be guaranteed until the next working day

Incidents

In support of services outlined in this Agreement, Xenatus will respond to service related incidents and/or requests submitted by the Partner or Client within the following time frames:

Priority Definition Response Time Updates Every

Severity 1 System is Down 30 mins 2 hrs

Severity 2 Critical system error that is preventing business critical transactions 1 hr 8 hrs

Severity 3 System error or business requirement to which 4 hrs

Severity 4 Minor system issue or non-business critical requirements 1 day

Low Cosmetic requirement or modification 1 day

Remote assistance will be provided in-line with the above timescales within business hours, dependent on the priority of the support request.

Response is defined as an acknowledgement of the issue or ticket that was opened. For example, answering the call, responding by email or on the ticketing portal that the issue has been received.

Updates are defined as a communication on the ticket, by email, by call or any other form of communication to update the client point of contact on the progress of work to resolve the pending issue.

Support Escalation

Level Designation Method Phone # Updates Every

1 Support Team Support Portal n/a Request Update

2 Support Manager Call Xenatus Hotline +357 22 254090 Escalate if no information is available from Level 1

3 Executive Management Call Management Office +357 25 360900 Escalate if no information is available from Level 2 or if the information received is not satisfactory.

Change Requests

Changes on Service configurations that must be performed by Xenatus, can be requested through a Change Request. Xenatus support services will schedule the Change Requests at the time of logging the request with the Partner or Client. Change Requests are billed on a time-materials basis. Xenatus has no obligation to agree on and execute a Change Request.

Authorized Persons can issue Change Requests to Xenatus service center 24x7x365 through support.xenatusglobal.com . Change Requests are required to be entered in English.

Maintenance

Xenatus will maintain its Xenatus platform and Microsoft Dynamics Services in accordance with the following: the provisions, instructions, guarantee conditions, manuals, and maintenance schedules of its hardware and software suppliers; instructions in security alerts; and Xenatus’ standards and best practices in the area of availability, security, integrity, protection of personal information, and confidentiality of data in general.

Maintenance will be carried out by Xenatus within the Maintenance Window, of which Partner and Clients will be notified in advance.

Maintenance Windows

Maintenance is performed within the Maintenance Windows. Maintenance windows will be shared with Partners and Clients ahead of time.

Emergency Maintenance

Xenatus can perform Emergency Maintenance activities at any time. In case of Emergency Maintenance that occurs outside of the Maintenance Windows, Xenatus will notify Partner or Client about the nature of the maintenance. Where possible, notification will take place prior to commencement of maintenance. In the event that notification is not possible prior to engaging the maintenance activities, notification will be done as soon as possible after the maintenance activities have taken place.

Enforcement

Xenatus may investigate violations of this SLA or misuse of Services and may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Furthermore Xenatus reserves the right to investigate applications, systems, networks and data of Partners or Clients for the detection of, but not limited to, IP problems, viruses, worms, or other software that can be regarded as harmful, as well as for the detection of material that violates this SLA or to detect or prevent unacceptable use.

Xenatus may suspend, disable access to, or modify any resource or Service that Xenatus believes violates this SLA or the Agreement. In the case of such violations or misuse of Services, Xenatus follows a policy whereby it notifies the Partner or Client, if possible, prior to commencement of such actions.

In the event of suspension, disabling access to, or modifying of resources or Services, all contracts between Partner or Client and Xenatus will remain in force, as will the obligations of Partner or Client to Xenatus, such as (but not limited to) the payment of monies due.

What We Expect

Xenatus is committed to delivering a high quality Cloud experience for Microsoft Dynamics products. To do so, the environment is designed to provide maximum flexibility with the assumption that certain responsibilities regarding security and Availability are addressed by the Client or Partner and where applicable its Customers.

Acceptable Use

Lawful Use

Partner and Clients may not use material that, in a general sense and according to the opinion of Xenatus, can be regarded as unlawful by legal authorities and/or third parties such as, but not limited to, copyright protected content, trademarks, license agreements, commercially confidential content, obscene or libelous content, content conflicting with export control regulations.

Prohibited Use

Xenatus’ Services may be used exclusively for the purpose for which they are intended in such a manner that they do not endanger the security, availability and integrity of any network, computer or communications system. Prohibited use includes, but is not limited to: unauthorized access to systems; probe, test or scan for vulnerabilities of systems; breach of any security or authentication measure; monitoring of data or traffic; overloading or flooding systems or networks; operating open proxies, open mail relays, open recursive domain name servers; distribute, publish, send or facilitate sending of unsolicited mass email or other messages.

Responsible Use

Using the Microsoft Dynamics Services provided by Xenatus comes with responsibilities that rest on our Clients, Partners and their Customers for privileges assigned to them regarding, but not limited to, user management and application configuration.

Partners and/or Clients receive privileges to apply changes on software and/or configuration of (or parts of) their Microsoft Dynamics Services. Partner has the responsibility to ensure that changes to processing options (parameters) and configurations on Services are appropriately authorized, approved, and implemented, and that monitoring, as configured by Xenatus, of these Services is disabled during such maintenance.
Partners and/or Clients have the responsibility to ensure compatibility of its installed software and configuration changes with the most recent updates and upgrades of standard system software as delivered by Xenatus as part of its delivery for Microsoft Dynamics Services.
Partners and/or Clients have the responsibility to immediately notify Xenatus of any breaches of privacy or confidentiality, unauthorized use of credentials, or other security violations.
Partners and/or Clients have the responsibility to ensure the Availability of qualified and authorized personnel to act on support work and direction given by Xenatus.
Partners and Clients receive the privilege to provision, modify, and delete Authorized Persons through support.xenatusglobal.com
The Partner and/or Client have the responsibility to ensure Authorized Persons are maintained and up to date and inform Xenatus accordingly. Furthermore, Partner and/or Client is responsible for all requests made by Authorized Persons.
Partner and/or Clients have the responsibility to notify Xenatus at least two months in advance of any expansion or contraction of storage capacity or Internet bandwidth in excess of 10% per month

What We Offer

ACTIVE MONITORING SLA

Host & services uptime Y

Performance System/software Capacity resources Y

Logs Y

ACKNOWLEDGEMENT

PRIO 1 ( System is Down ) - during / after office hrs. Up to 30/90

PRIO 2 ( Critical system error)- during / after office hrs. Up to 60/90

PRIO 3 (Minor System) during/after office hrs. Up to 120/360

SECURITY

Access management Y

Firewall Management Y

DOCUMENTATION

Stats/graphs plotting Y

Availability

Please refer to the Microsoft Azure SLA on the link below:

https://azure.microsoft.com/en-us/support/legal/sla/

Exclusions

Any type of liability for any infraction is always and fully excluded in the case of the following:

Downtime of non-production or non-demo environments.
Inappropriate use of the access rights granted by Xenatus to the Partner or the Client.
Operating errors by operators of the Partner or the Client.
Erroneous instructions in run books delivered by Partner or the Client.
Non-compliance with the provisions of the Agreement including this SLA.
A joint decision by Xenatus and the Partner or Client to perform maintenance and/or Changes outside the Maintenance Window.
Disproportionate or unforeseen growth in the Partners or Clients capacity consumption that leads to the operational limitations of the Xenatus Platform being exceeded.
(D)DOS attempts and general internet malfunctions.
Damage caused by zero-day exploits (e.g., viruses, trojans, malware, etc.) that could not be detected by virus scanners considered up-to-date at the time of the attack.
Consequences of bugs in the Software and/or hardware.
Incompatibility of the Partner's or Client’s applications with the Xenatus Platform.
Malfunctions in external services that are contracted by the Partner or Client as part of its service.
If Downtime involves damage to or loss of files or data, the recovery of files from the Backup belong to the service of Xenatus, but is excluded from these guarantees with regard to the recovery time and Availability.
Downtime caused by implementation of patches and/or application rollups in Private cloud environments which do not have an acceptance environment.
Downtime caused by operations and/or maintenance on Services by Partner or Client for which monitoring has not been disabled.
Force majeure and any and all (other) situations that cannot be attributed to Xenatus.