Service Level Agreement (SLA)
This document is an English-language version provided for information purposes only. The original Dutch version is the legally binding text. In the event of any discrepancy or dispute, including in court proceedings, the Dutch version shall prevail.
This Service Level Agreement ("SLA") forms an integral part of the Agreement and the Terms and Conditions of Bimizi B.V. In the event of conflict between this SLA and the Terms and Conditions, the provisions of this SLA shall prevail.
1. Definitions
Terms used with a capital letter in this SLA that are not separately defined herein shall have the meaning ascribed to them in the Terms and Conditions.
The following supplementary definitions apply:
Availability: the percentage of time during a calendar month in which the Platform is operational and accessible to the User, excluding Scheduled Maintenance and Excluded Circumstances.
Downtime: a period during which the Platform is unavailable to the User, excluding Scheduled Maintenance and Excluded Circumstances. Downtime begins at the point in time the incident is confirmed by the Provider or detected by the Provider's monitoring system, whichever occurs first.
Scheduled Maintenance: maintenance to the Platform of which the User has been notified in advance in accordance with Section 4.
Incident: an unforeseen event resulting in a reduction or interruption of the availability or functionality of the Platform.
Response Time: the time between the Provider's receipt of a report of an Incident and the Provider's first substantive response to the User.
Excluded Circumstances: circumstances as described in Section 7.
2. Availability
1. The Provider targets a monthly Availability of the Platform of 99.5%, measured per calendar month.
2. Availability:
Availability (%) = ((Total minutes in the calendar month − Downtime in minutes) / Total minutes in the calendar month) × 100
3. Availability is measured by the Provider's monitoring system. The Provider's measurements shall be conclusive, unless the User can demonstrate that they are demonstrably incorrect.
4. The Provider shall make a monthly availability report available to the User upon request.
3. Incident Classification and Response Times
Incidents are classified into the following categories:
| Priority | Description | Response Time | Target Resolution Time |
|---|---|---|---|
| Critical | The Platform is completely inaccessible to all Users, or there is serious data loss. | 4 hours (during business hours) | 8 hours |
| High | An essential functionality of the Platform (uploading drawings, AI analysis, generating quotations) is not functioning or is severely impaired, with no reasonable workaround available. | 8 hours (during business hours) | 24 hours |
| Normal | A functionality of the Platform is not functioning correctly, but a reasonable workaround is available, or the issue concerns a non-essential functionality. | 1 business day | 5 business days |
| Low | Cosmetic defects, improvement requests or questions that have no direct impact on the availability or usability of the Platform. | 2 business days | As reasonable |
Business hours: Monday to Friday, 09:00–17:00 CET/CEST, excluding Dutch national public holidays.
The response times set out above apply only during business hours, unless expressly agreed otherwise. Reports submitted outside business hours shall be treated as received at the start of the next business day.
4. Scheduled Maintenance
1. The Provider carries out periodic maintenance on the Platform for updates, security patches and infrastructure improvements.
2. Scheduled Maintenance is preferably carried out outside business hours, and in particular during the weekend window: Saturday 22:00 – Sunday 06:00 CET/CEST.
3. The Provider shall notify the User at least 48 hours in advance of Scheduled Maintenance, by email or by means of a notification on the Platform. In the case of urgent security patches, this notice period may be shortened, in which case the Provider shall endeavour to inform the User as early as reasonably possible.
4. Scheduled Maintenance does not count as Downtime in the calculation of Availability.
5. Support
1. The User may report Incidents and submit enquiries through the following channels:
- Email: hello@bimizi.com
- Platform: via the built-in support form (where available)
2. Support is provided during business hours (Monday to Friday, 09:00–17:00 CET/CEST, excluding Dutch national public holidays), unless expressly agreed otherwise.
3. The Provider shall use reasonable endeavours to handle Incidents in accordance with the response times and target resolution times set out in Section 3. The target resolution times stated in Section 3 are best-efforts obligations and not guarantees.
4. The Provider shall keep the User informed of progress in the handling of Incidents classified as Critical or High.
6. Service Credits
1. If the monthly Availability falls below the agreed level of 99.5%, the User shall be entitled to a service credit as compensation, calculated as a percentage of the monthly subscription fee (excluding VAT) attributable to the relevant calendar month:
| Monthly Availability | Service Credit |
|---|---|
| 99.0% – 99.49% | 5% |
| 95.0% – 98.99% | 10% |
| 90.0% – 94.99% | 25% |
| Below 90.0% | 50% |
2. Service credits shall be offset against the User's next invoice. Service credits shall not be paid out in cash and are non-transferable.
3. The total amount of service credits in any calendar month shall never exceed 50% of the User's monthly subscription fee for that month.
4. Service credits constitute the User's sole and exclusive remedy for failure to meet the agreed Availability level. Entitlement to service credits shall be without prejudice to the liability provisions in the Terms and Conditions.
5. The User must submit a request for service credits to the Provider in writing within thirty (30) days after the calendar month to which the request relates, failing which the entitlement to the relevant service credit shall lapse.
7. Excluded Circumstances
The following circumstances do not count as Downtime and do not give rise to entitlement to service credits:
- Scheduled Maintenance as referred to in Section 4;
- Force majeure as described in Article 13 of the Terms and Conditions;
- Disruptions caused by acts or omissions of the User, including incorrect use of the Platform, unauthorised modifications or failure to comply with the terms of use;
- Disruptions in the User's own internet connection or infrastructure;
- Disruptions at third-party service providers over which the Provider has no control (including payment processors and third-party hosting parties), insofar as the Provider itself is not at fault;
- DNS disruptions outside the Provider's infrastructure;
- Blocking of the Platform by government measures, court orders or regulators;
- External attacks on the Platform (DDoS, cyberattacks), insofar as the Provider has taken reasonable protective measures.
8. Backups and Data Recovery
1. The Provider makes daily automated backups of all data stored on the Platform.
2. Backups are retained for a minimum period of fourteen (14) days.
3. In the event of data loss attributable to the Provider, the Provider shall use reasonable endeavours to restore the data as soon as possible from the most recent available backup.
4. The Provider does not guarantee that data entered or modified after the most recent backup can be recovered.
9. Amendments to This SLA
1. The Provider is entitled to amend this SLA. Amendments shall be communicated to the User at least thirty (30) days before they take effect.
2. If an amendment materially reduces the service level, the User shall have the right to terminate the Agreement as of the date on which the amended SLA comes into effect.
10. Term
1. This SLA shall be in effect for the duration of the Agreement and shall terminate simultaneously with the termination of the Agreement, for whatever reason.
11. Contact
For questions about this SLA or to report Incidents, please contact:
Bimizi B.V.Hanenweg 1, 4317 NJ Noordgouwe, The Netherlands
Email: hello@bimizi.com