Engagement Service Level Agreement

This Service Level Agreement (“SLA”) sets forth the service level terms and conditions depending on the package of the Subscription Services purchased by the Customer in the Agreement.

If the Customer purchases from Bloomreach (a) any of the Grow packages (CDP Grow / Campaigns Grow / CDXP Grow), this SLA shall apply to the extent applicable for Grow package, (b) any of the Scale packages (CDP Scale / Campaigns Scale / CDXP Scale), this SLA shall apply to the extent applicable for Scale package, (c) any of the Enterprise packages (CDP Enterprise / Campaigns Enterprise / CDXP Enterprise), this SLA shall apply to the extent applicable for Enterprise package.

This SLA is attached and forms an integral part of the Agreement concluded between Bloomreach and Customer. If there is any conflict between the terms and conditions of this SLA and the provisions of the Bloomreach Master Subscription Agreement or Engagement Product Appendix, the provisions of this SLA shall prevail.

1. GUARANTEED UPTIME

1.1 During the Term of the Agreement Bloomreach shall guarantee its Customer the Monthly Uptime Percentage of the Services as specified in the table below (“Guaranteed Uptime”). The Guaranteed Uptime applies exclusively to the software part of the Services, namely the following elements: Bloomreach APP, API and CDN domains. The actual Monthly Uptime Percentage of Services is measured by a third party (currently Status Cake, but Bloomreach reserves the right to change the monitoring tool).

1.2 If Bloomreach does not meet the Guaranteed Uptime, and if Customer meets its obligations pursuant to Art. 1.5 hereof, Customer will be eligible to receive the Financial Credits described in the table below:

1.3 Customer shall have the right to terminate the Agreement during the Term, if the actual Monthly Uptime Percentage is below 89,99% for two consecutive months in any 12-month period and the Customer has notified Bloomreach in every single case in accordance with Art. 1.5 hereof that the actual Monthly Uptime Percentage was below 89,99%. The Customer shall have the right to receive a pro-rated refund of any Fees for Services already paid for which fall in the period from the effective date of the termination.

1.4 Customer acknowledges and agrees that Financial Credits defined in Art. 1.2 and the right to terminate the Agreement specified in Art. 1.3. hereof are the Customer’s sole and exclusive remedies for any failure by Bloomreach to meet any obligations arising out of this SLA.

1.5 In order to receive any of the Financial Credits described in Art. 1.2 hereof, Customer shall notify Bloomreach in writing by the 15th of the month following the month in which Guaranteed Uptime was not met. If Customer does not comply with this requirement, Customer will forfeit its right to receive Financial Credit. For the avoidance of doubt, the Financial Credits shall be calculated monthly.

1.6 The aggregate maximum number of Financial Credits to be issued per month by Bloomreach to Customer under this SLA is limited to the percentage of the monthly Fee for Subscription Services specified in the table below. Financial Credits will be made in the form of a monetary credit applied to the next invoice.

2. EXCLUSIONS

2.1 This SLA shall not apply to any, and the Guaranteed Uptime does not include:

a) system outages (i) due to changes in the Services requested by the Customer, (ii) due to implementation of security patches, (iii) notified by Bloomreach at 48 hours in advance.

b) system outages caused by factors outside of Bloomreach reasonable control, and / or by malfunctions of systems operated by third parties (e.g. mailing, hosting, internet providers).

c) errors (i) caused by factors outside of Bloomreach's reasonable control; (ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviours by the Customer that violate the Agreement; and (iv) system outages caused by Bloomreach's attempts to fix errors described in Art. 2.1 (c) of this SLA.

3. HELPDESK

3.1 Bloomreach operates a HelpDesk as specified in the table below.

3.2 The Customer can contact the HelpDesk by any of the following means:

a) via e-mail at [email protected] (or any other email address as may be indicated to the Customer in advance),

b) via live-chat in the Bloomreach Engagement application (or any other tool/contacting channel as may be indicated to the Customer in advance).

3.3 Bloomreach shall provide a Response to any email and/or chat request made via the HelpDesk within the response times described in the table below. Response time is calculated within the specified time frame (8×5 or 24×7). Response time differs depending on the type of support (standard support or premium support) the Customer is provided with based on the Agreement.

3.4 Bloomreach operates 24×7 on-call support for P1 requests (“On Call Support”). P1 request is defined in the table below. The Customer can contact On Call Support by phone at any of the following phone numbers:
+441303761582, +19298225878, +420910880867 (or any other phone number as may be indicated to Customer in advance). Where telephone requests are made, Bloomreach shall provide a Response upon first calling. If Bloomreach does not answer the telephone request, Bloomreach shall call back and provide the Customer with a Response within the response time specified in the table below. This shall not apply if the Customer calls from a hidden/private number and Bloomreach is unable to call back.

3.5 The Customer shall appoint authorized persons who can contact the HelpDesk and/or On Call Support and shall inform Bloomreach about such persons without any undue delay. If no person is appointed by the Customer, only a person authorised to act on behalf of the Customer can contact HelpDesk and/or On Call Support; Bloomreach shall be eligible to verify if such person has the authorisation to act on behalf of the Customer. Bloomreach may reject requests made by a person not appointed by the Customer as per this Art. 3.5 of SLA or who does not have the authorisation to act on behalf of the Customer.

3.6 The Customer may mark its requests with the respective priority level described in the table below, which it considers to be applicable. The final classification of the Customer's request as P1, P2 or P3 is then conducted by Bloomreach based on the nature and description of the request according to the table below.

* The Agreement shall specify what type of support the Customer is provided with.

4. DEFINITIONS

4.1 Capitalised words not defined herein shall have the meaning ascribed to such words in the Agreement.

4.2 In this SLA the following terms shall have the meanings set out below and cognate terms shall be construed accordingly: