Standard service level agreement

This Service Level Agreement (“SLA”) is an integral part of the Terms of Service available at https://www.foleon.com/general-conditions, or of the Master Service Agreement (“MSA”) executed between the Customer and Foleon, collectively referred to as the “Agreement”.

1. Definitions - Unless otherwise defined in this SLA or in the Agreement, all capitalized  terms used within this SLA have the following meaning: 

    1. “Business Day” means the hours between 09:00 and 18:00 local time for the relevant Foleon entity, excluding Saturdays, Sundays, and public holidays. 
      1. For Foleon B.V.: Central European Time (CET).
      2. For Foleon Inc.: Eastern Standard Time (EST). 
    2. “Customer” means a company with a current agreement with Foleon for the purchase of Service(s).
    3. “Downtime” means when the Service(s) is unavailable to the Customer. However, Downtime shall not include: 
      1. Scheduled maintenance
      2. Emergency maintenance
      3. Force majeure events (e.g., natural disasters, wars)
      4. Issues caused by Customer’s misuse, third-party services, or internet connectivity.
    4. “Foleon Doc(s)” means assets created and published using the Foleon Service(s), including but not limited to text, images, videos, and other media uploaded or created by the Customer.
    5. "Foleon Platform" means the suite of tools and services provided by Foleon, including but not limited to the editor, design interface, content management features, and any other functionality available through the Foleon Service(s), excluding published Foleon Docs.
    6. "Foleon Status Page": The web page located at https://status.foleon.com that provides real-time information and updates on Foleon Service(s), including live and historical data on system performance, metrics, and service availability. Customers are required to subscribe to the Foleon Status Page to receive notifications of Scheduled Maintenance, service interruptions, and other critical updates.
    7. "Issue" means a disruption or malfunction in the Service(s) that affects its normal operation, performance, or availability. Issues can range from minor inconveniences to major service outages.
    8. “Resolution Time” means the time between the Response Time until the issue is resolved. 
    9. “Response Time” means the time between the receiving of a Ticket and the time of commencing work on the  issue. 
    10. “Service Credits” means credits issued to the Customer, calculated as a percentage of their monthly subscription fee as outlined in this SLA, when Foleon fails to meet the agreed-upon service levels. Service Credits are applied to future invoices and are not available as direct monetary refunds.
    11. “Service(s)” means the specific proprietary SaaS (Software as a Service) product(s) of Foleon specified in  the Customer’s Order Form, including any related Foleon Documentation, and excluding any Third-Party Products. The Service(s) include access to the features and functionalities made available by Foleon from time to time.
    12. “Ticket” means an electronic request sent to Foleon by Customer either via email (support@foleon.com) or chat.
    13. “Uptime” means the percentage of time that the Service is available as calculated in accordance with this SLA. 

2. Effective Date – This SLA becomes effective on the Subscription Start Date specified in the Order Form. If no such date is provided, it will be effective on the date that the Customer signs the Order Form.

3. Term - This SLA shall terminate without further notice and without the right to compensation or restitution upon the expiry or termination of the Agreement or applicable Order Form. 

4. Scope - This SLA is applicable solely to the Service(s) and Professional Services specified in the Agreement or corresponding Order Form. Foleon commits to delivering the Service(s) as outlined in the Agreement and this SLA. Should Foleon fail to meet the commitments stated in this SLA, it will address and resolve any issues with the Service(s), except in cases where:

  1. The issue arises from the Customer’s misuse of the Service(s) or failure to adhere to the Documentation; 
  2. The Service(s) have been modified or serviced by parties other than Foleon or its authorized subcontractors;
  3. The Customer has obstructed Foleon from performing necessary maintenance on the Service(s);
  4. Errors are caused by, or result from, Third-Party Products or Third-Party Content.

5. Scheduled Maintenance - Foleon will perform scheduled maintenance outside peak hours, typically between 7 PM and 9 AM CET, and will provide at least 48 hours' notice to Customer via Foleon Status Page, provided the Customer is subscribed to receive updates.

6. Responsibilities of Foleon – Foleon shall: 

  1. Ensure that the relevant Service(s) and Professional Services are available to the Customer in accordance with the Uptime Commitment.
  2. Respond to support requests within the specified timescales.
  3. Escalate, diagnose, and resolve issues promptly and appropriately, including the assignment of a sufficient number of skilled staff and the collection of necessary information.
  4. Maintain clear and timely communication with the Customer at all times.

7. Responsibilities of the Customer – Customer shall: 

  1. Use the Service(s) as intended under the Agreement.
  2. Notify Foleon of any issues or problems promptly and as thoroughly as possible.
  3. Cooperate with Foleon's efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to information requests.
  4. In the event of a Critical Alert, ensure the availability of a sufficient number of skilled Customer employees to collaborate with Foleon.
  5. Provide Foleon with access to equipment, software, and services necessary for maintenance, updates, and fault prevention.
  6. Maintain staff with adequate information technology knowledge to effectively fulfill these responsibilities.

8. Problem Reporting - The Customer will report any problems to Foleon by submitting a Ticket, providing the following details:

    1. The affected portion of the Service(s).
    2. The steps needed to reproduce the issue/problem.
    3. Whether the issue/problem is repeatable or occurs randomly.
    4. The severity of the issue/problem.
    5. Any other relevant information that could assist in resolving the issue/problem.

9. Uptime - The Uptime percentage is calculated with the below formula. 

Uptime = (Total Available Time - Total Downtime) / Total Available Time * 100

10. Uptime Commitment - Foleon is committed to maintaining an uptime of 99% for the Foleon Platform and 99.5% for Foleon Docs.

11. Service Credits - If the Service does not meet the Uptime Commitment specified in this SLA, the Customer will be eligible to receive a Service Credit as follows:

Foleon Platform Uptime Percentage

Foleon Doc Uptime Percentage

Service Credit (% of Monthly Fees)

Below 99.0%

Below 99.5%

5%

Below 98.0%

Below 99.0%

10%

Below 96.0%

Below 97.0%

20%

To request a Service Credit, the Customer must submit a claim to support@foleon.com within 30 days of the service failure. The maximum Service Credit for any given month will not exceed 100% of the monthly fee for the affected Service. Service Credits apply toward future billing cycles and have no cash value.

12. Issue Resolution - The table below details Foleon's Response and Resolution Times based on issue priority. Foleon will make commercially reasonable efforts to resolve issues within the specified time frames. Issues will be escalated as outlined, and upon escalation, Foleon will promptly notify the Customer of the escalation and the steps being taken to resolve the issue.

Priority

Type of Issue

Response Time

Resolution Time

1. Critical

Highly critical alert: Service(s) is completely unavailable or a significant portion of functionalities are down.

2 hours during business hours (CET)

12 hours outside business hours (CET)

1 Business Day

2. Major/Serious 

Major/Serious alert: Key elements of the Service(s) critical to the Customer’s business are not responding or are responding extremely slowly.

4 hours during business hours (CET)

Support only during business hours (CET)

7 Business Days

3. Non-Critical 

Non-critical alert: Elements of the Service(s) have ceased to respond completely or are responding slowly, but a workaround is available.

24 hours

15 Business Days

4. Notification

Notification of minor issues that do not materially affect the Customer’s use of the Service(s).

24 hours

Best Effort

13. Service Level Reporting - Foleon continuously monitors the Uptime of the Service(s). Real-time information and updates on Foleon Service(s), including live and historical data on system performance and metrics, are available at Foleon Status Page. Notifications of service interruptions will also be posted on this web address, provided the Customer is subscribed to receive updates.

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