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Service Level Agreement

This Service Level Agreement (the “SLA”) defines the availability of Microblink Service during the applicable Term as defined in the agreement entered into between Microblink and the Customer  (“Agreement”).

1. Definitions

“Customer” means an entity that entered into a written Agreement with Microblink.

“Issue” means a failure of the Service to substantially conform to the functional specifications set  forth in the Agreement and accompanying Documentation.

“Response Time” means the time period in which the assigned support resource (or support system) will provide the Customer with an initial response as a result of an Issue reported by the  Customer.

“Report on the issue” means a report provided by the Customer to Microblink containing at minimum the date and time when the issue occurred, account details, and (if available) video or photo evidence of the issue.

“Service” means any backend cloud service as defined in the Agreement which is entirely managed by  Microblink.

“Service Credits” means a discount calculated as a percentage of the Fee payable by the Customer in accordance with the applicable Quote for the calendar month in which the downtime occurred according to Microblink schedule.

“Support” means the support services Microblink will provide to the Customer in accordance with this SLA.

“System Availability” means the number of minutes in a month that the key components of  Microblink Service are operational as a percentage of the total number of minutes in such year,  excluding downtime resulting from (a) scheduled maintenance, (b) events of Force Majeure as described herein, (c) malicious attacks on the system, (d) issues associated with the Customer’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of Customer or any of the Customer’s end-user.  Microblink reserves the right to take the Service offline for scheduled maintenance for which the  Customer will be provided reasonable notice (this shall not be considered as downtime of the  Service). Microblink reserves the right to change its maintenance windows upon prior notice to the Customer. Microblink shall use reasonable efforts to facilitate the SLA of third-party infrastructure providers, including cloud providers. Such a third-party SLA is applicable for any response and resolution times related to the availability of the third-party service.

“Term” means the duration set forth in the Agreement.

2. Scope of Support Services

2.1. Microblink SLA applies solely to the use of the Service in the production environment and does not apply to testing and evaluating Microblink technology nor the use of non-production licenses (trial, pilot, and similar).

2.2. The  Service Availability during which the Service will be operational and available to the Customer will be at least 99.5% of the time in any calendar month. If Microblink does not meet its obligations under the SLA, under the assumption that the Customer meets all of its obligations under this SLA and the applicable Agreement, the Customer will be eligible to receive reparation as defined herein. This SLA describes and determines the Customer’s sole and exclusive remedy for any failure by Microblink to meet the obligations as defined in this SLA.

2.3. Support. Support includes the software features that Microblink makes generally available to its Customer base during the applicable Term as described in the Agreement. Support consists of assistance provided to the Customer via the contact information set out in Article 2.5 hereof with respect to using the Service and resolving issues.

2.4. Support Hours. Support cases are tracked and managed through access to a ticketing system operated by Microblink’s support.

• Monday-Friday 9 AM – 5 PM Central European Time, exclusive of Microblink holidays
• Monday-Friday 9 AM – 5 PM Eastern Time Zone, exclusive of Microblink holidays

For emergency critical support issues (Level 1), Microblink offers 24×7 support. See section 2.7.

2.5. Support Contact. All communications relating to Support will be supervised, coordinated, and undertaken through the following Microblink contact information:

• SUBMIT A REQUEST via the Microblink website
  https://help.microblink.com/s/submit-request
• EMAIL the Microblink Support Team
  support@microblink.com

2.6. Severity Classification and Response Time Goals. Issues are classified by Microblink according to the severity of impact on the use of the Service, according to the chart below. All disputes regarding severity classification will be resolved by Microblink at its sole discretion.

2.7. Please contact the Microblink Support Team for Level 1 critical issues at one of our toll-free numbers available to our Customers:

• USA/Canada toll-free number: +1 833-661-3267
• Europe toll-free number: +44 800 098 8159
• Asia Pacific toll-free number: +61 1900 519 634

2.8. Pre-Report Procedures. The Customer shall promptly notify Microblink of the Issue. The  Customer shall confirm that the following conditions are true before contacting Microblink for  support:

a) Reproduction. If possible, the situation giving rise to the Issue is reproducible.

b) Representative. The Customer’s contact has technical knowledge regarding the Service and any other software or hardware systems involved, as well as the facts and circumstances surrounding the Issue.

c) Access. The entire system, including all software, is available to the Customer contact without limit during any communication with Microblink support personnel.

d) Availability. If requested and required, the Customer must make available to Microblink a technical representative during support hours of coverage for all Issues. Microblink reserves the right to suspend all work relating to any Issues during periods for which the Customer does not provide access to a technical representative or requested data to continue work on the Issue.

2.9. Limitations. This SLA and any other applicable service levels do not apply to any performance  or availability issues:

• Due to factors outside our reasonable control – force majeure acts (for example, natural disaster, war, acts of terrorism, hacking, riots, government action, or a network or device failure external to Microblink data centers, including at customer site or between customer’s site and Microblink data center).
• Resulting from the use of services, hardware, or software not provided by Microblink, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services.
• Caused by the Customer’s use of the Service after it has been advised by Microblink to modify its use, and if the Customer did not modify its use as advised.
• During or with respect to preview, pre-release, beta or trial versions of the Service, feature, or software (as determined by Microblink).
• Resulting from the Customer’s unauthorized action or lack of action when required, or from its employees, agents, contractors, or vendors, or anyone gaining access to  Microblink’s network by means of the Customer’s passwords or equipment, or otherwise resulting from the Customer’s failure to follow appropriate security practices.
• Resulting from the Customer’s failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or the Customer’s use of the Product in a manner inconsistent with the features and functionality of the Product (for example, attempts to perform operations that are not supported) or inconsistent with Microblink’s published guidance.
• Resulting from faulty input, instructions, or arguments (for example, requests to access resources that do not exist).
• Resulting from the Customer’s attempts to perform operations that exceed the usage limitations in the applicable Quote, as defined in the applicable Agreement.
• Due to the Customer’s use of Service features that are outside of associated Support Hours.
• For the number of Transactions reserved, but not paid for, at the time of the Issue, if any.

2.10. Disclaimer. Microblink will not be responsible for providing Support Service, Updates, or any other maintenance and support to the extent that Issues arise because the Customer (a) misuses,  improperly uses, misconfigures, alters, or damages the Service; (b) uses the Service with any hardware or software not recommended by Microblink; (c) uses the Service at any unauthorized location; (d) fails to install an update of the Product (as defined in the Agreement) or Service if such update would have resolved the Issue; or (e) otherwise uses the Service in a manner not in accordance with the applicable Agreement.

3. Remedies

3.1. The Customer is eligible for Service Credits up to a maximum of 20% of the Fee payable by the Customer in accordance with the applicable Quote for the calendar month in which the loss of System Availability for the Service happened. Service Credits may not be exchanged for, or converted to, monetary amounts.

3.2. In order to receive any of the Service Credits described above, the Customer must notify  Microblink at sales@microblink.com about its Service Credits request, including delivering the information on (i) the date and time of the Issue(s), and (ii) any other available data necessary to validate the Issue, as well as following Pre-Report Procedures defined for the Service. Such a request must be made within thirty (30) days from the time the Service was not available to the  Customer. Failure to comply with these requirements will forfeit the Customer’s right to receive a Service Credit.

3.3. Microblink will evaluate all reasonably available information and make a good faith determination of whether the Service Credits are owed. Microblink will use reasonable efforts to address your claim within thirty (30) days of receipt.