LEGAL

SERVICE LEVEL AGREEMENT (SLA) IN THE AREA OF SERVER SOLUTIONS

1. PREAMBLE

The server solutions of Panomity GmbH (hereinafter also “Panomity”) are intended to guarantee the customer maximum security, availability and performance. In addition, the general terms and conditions of Panomity apply, which can also be found under panomity.com are available for download.

2. SUBJECT MATTER OF THE CONTRACT, SCOPE OF APPLICATION

This SLA applies to the Server Solutions product area, unless otherwise specified below or individually, and is not transferable to other product areas.

3. GENERAL INFORMATION ON THE SAFETY OF ONGOING OPERATIONS

Panomity provides services of the highest quality and safety. The following measures, among others, ensure the security of customer data and the availability of the contractually owed services:

3.1 Security at the company site through technical measures:

• Access control systems with two-factor authentication
• End-to-end encrypted corporate communication

3.2 Security and availability of the internal network infrastructure:

• Segmentation of the networks and strict separation of the different data streams
• Network monitoring through own Network Operation Center
• Additional third-party monitoring
• daily backup of own systems
• Deployment of firewalls at relevant network points
• Manuals
• Exclusive use of branded components

3.3 Availability of the external network connection:

• redundant IP connection (BGP) of the data centers
• several Gbit/s total capacity of the IP connection
• Redundant fiber delivery by different suppliers of the physical access lines

4. WARRANTY SERVICE LEVELS

4.1. Network availability

• Service time: 0:00 to 24:00 – 365 / 366 days a year
• Network availability refers to the availability of the Internet connection.
• We are committed to making commercially reasonable efforts to achieve an annual average network availability of 99.9%.

4.2. Exchange of defective hardware

• Service time: 0:00 to 24:00 – 365 / 366 days a year
• Mean time to repair (MTTR) refers to the time Panomity GmbH takes to replace defective hardware with functional hardware. The service level is maximum 4 hours (from the time of diagnosis of the affected system). This service level applies to dedicated servers and refers to the hardware.
• After completion of the troubleshooting (including possible elimination of the defect of the affected hardware and initiation of the restart of the server), Panomity GmbH shall inform the customer and thus conclude the relevant period for this service level. The time required by the server to boot the operating system or to reinstall software (or to upload backup data) does not extend the relevant period.

4.3. Guaranteed bandwidth

Unless otherwise agreed in a service contract, the servers are connected to Panomity GmbH’s Internet backbone via an interface with a total line capacity of 100 Mbit/s, or 1000 Mbit/s for dedicated servers. Panomity GmbH guarantees that the physical network connection from the interface to the Internet backbone does not contain any bandwidth-reducing line sections or components (e.g. switches) with lower capacity.

4.4. Soft reboot / restart for dedicated servers

• Service time: 0:00 to 24:00 – 365 / 366 days a year
• The fault report or monitoring is carried out by the customer.
• The service level is a maximum of 30 minutes (from the time the customer reports the fault). It refers to the time Panomity GmbH needs to initiate a restart of the customer server. After the execution, Panomity GmbH informs the customer (generally by e-mail) and thus concludes the period relevant for this service level. The time that the server takes to boot (start up) the operating system does not extend the relevant period.

5. MAINTENANCE WINDOW

A maintenance window is agreed for periodic, planned or unplanned maintenance work on the systems of Panomity GmbH and / or its suppliers, which is necessary for the maintenance and security of the ongoing operation or the implementation of updates or upgrades. Any impairment of availability due to such work shall not be deemed to be downtime and shall be deemed to be service time rendered.

Maintenance and tests are carried out during the non-operating time. Only in exceptional cases may system maintenance be carried out at other times with the least possible disruption to the customer. If possible, maintenance windows will be communicated in advance; in this respect, Panomity GmbH will always inform the customer about planned system maintenance as early as possible.

It is also necessary to simulate emergency plans on a regular basis as part of the review process. This includes necessary testing of other infrastructure and any critical changes that may be required. For this purpose, Panomity GmbH is regularly granted appointments.

6. HIGHER VIOLENCE

Insofar as Panomity GmbH guarantees availability or enters into service agreements, such aforementioned obligations shall not apply in the event of catastrophes (“force majeure”).

Force majeure shall mean all circumstances independent of the will and influence of the Contracting Parties, such as natural disasters, governmental actions, decisions of authorities, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strike, lockout and other labor unrest, confiscation, embargo or other comparable circumstances that are unforeseeable, severe and not caused by the Contracting Parties and occur after the conclusion of the Service Agreement with the Customer.

7. DISCLAIMER OF LIABILITY

Panomity GmbH shall only be liable in the event of non-compliance with the service levels if Panomity GmbH is exclusively responsible for the non-compliance. This therefore does not apply in particular to:

• failures for which Panomity GmbH is not responsible, in particular external DNS routing problems, virtual attacks on the network or mail infrastructure and/or failures of parts of the Internet beyond the control of Panomity GmbH.
• Failures due to customer-owned software being improperly used or repaired and/or systems (scripts, programs, etc.) not being properly installed, operated, and maintained
• Failures erroneously reported to the customer due to errors in internal or external monitoring services
• Outages caused by maintenance windows or as part of the review of contingency plans.

8. PERFORMANCE CHANGES

The services of the SLA are free of charge for the customer. Panomity GmbH therefore reserves the right to change or completely discontinue individual or all services of the SLA.

9. SEVERABILITY CLAUSE

Should individual provisions of this SLA be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The same applies in the event that this SLA contains a regulatory gap. In place of the invalid provision or to fill the gap, a valid appropriate provision shall apply which comes closest to the economic purpose of the invalid provision.