Service Level Agreement

Last Update: November 22nd, 2019

The platform accessible through www.hetikus.com is provided by HETIKUS EMEA SUBSIDIARY S.L. (hereinafter referred to as “HETIKUS”), a Spanish entity registered in Calle San Lorenzo 11, 2nd Floor, 28004, Madrid, Spain.

This Service Level Agreement (“SLA”) is part of the agreement between the User and the Company with the purpose to overall the objectives for the services to be provided.

 

1. Service commitment

HETIKUS is committed to perform its activities and to be available at any time for its Users, to do so, we use reasonable efforts. However, HETIKUS’ performance may be subject to incidence that may restrict/unable the access to the Site during a certain period of time (“Unavailable Time”). When this situation takes place, HETIKUS will compensate their Users through discounts on the annual or monthly fee (“Service Level Credits”).

 

2. Definitions

“Unavailable Time” means that the Site is not fully available or not in service for access and data input for the User.

“Service Level Credits” makes reference to a percentage of discount that the User may receive due to the lack of availability of the Site.

 

3. Service Level Credits

Find in this table the Service Level Credits that may take place for the Unavailable Time. Please, note that the cases indicated below are excluded.

The aggregate amount of time that HETIKUS is at Unavailable Time in a calendar month is more than. In these cases, the Service Level Credits
45 minute 5%
4.5 hours 10%
9 hours 15%

Service Level Credits will be discounted in the next payment after the unavailable time takes place. Users with prepaid account shall write an email reporting it to finance@hetikus.com in order to receive cash refund, calculating the percentage against one-twelfth of the annualized prepaid month.

HETIKUS will monitor its performance and will make the information available for our Users.

If a sole incident generates multiple problems in the functioning of the Site, the User may only have the right to request the Service Level Credits of the most important Unavailable Time.

The User will not be entitled to Unavailable Time in the following cases: a) Acts or omissions of Users; b) Any event out of HETIKUS’ control (force majeure and fortuitous cases, among others); c) Delay or failure of Users on the performing of their obligations expressed on the Service Terms and Conditions after the Company has requested them to perform these activities (including late payments), in a timely manner and any other breach of the Terms and Conditions by or on behalf of the User, that impacts on HETIKUS’ ability to limit Unavailable Time.

The Service Level Credits will constitute User’s sole and exclusive remedy to act against HETIKUS’ non-performance or unavailability on our Site or platform.

 

Miscellanea

The illegality, invalidity, nullity, or unenforceability of any of the sections stated on the Terms of Use will not affect the validity of its other provisions. Such sections are to be replaced or integrated into others.

If HETIKUS fails to respond to a breach of the Service Level Agreement, that fail will not waive our right to act with respect to subsequent or similar breaches.

This Service Level Agreement is an agreement between the User and the Company. Both have relied on or will have any right or remedy based upon any statement, representation, warranty or assurance other than those expressly stated in this document.

HETIKUS may provide translations of the Service Level Agreement, as well as other legal texts. Translations are provided for informational purposes, and if there is a conflict between translations, the Spanish version will have prevalence.