Service Level Agreement
Zympler EMS
Any incident (defined as a situation where the EMS is not functioning, or is not functioning fully or correctly in accordance with the agreed specifications and functionality, thereby hindering the End Customer in its normal use, including but not limited to interruptions, reductions, or deviations in the monitoring, control, data integration, or user interface of the EMS) is classified according to its severity and impact on system operation. The classification into impact levels (priorities P1 through P4), with corresponding response times and target resolution times, is as follows:
Low (P4)
*The resolution time applies exclusively to malfunctions within Zympler's responsibility. On-site hardware issues, problems with third parties, or issues outside Zympler's sphere of influence may require a longer resolution time.
**'Business hours' refers to the hours between 8:00 AM and 8:00 PM CET/CEST on business days.
***'Business days' refers to Monday through Friday, excluding generally recognized public holidays in the Netherlands.
2.1 Availability (uptime) indicates the percentage of time the EMS is operational and available for use by the End Customer. Uptime is calculated as the percentage of time the EMS is available and functional within the measurement period, excluding scheduled maintenance and other exclusions as stated below. The following availability levels apply to the EMS:
2.2 The following situations are not counted as downtime when calculating uptime:
2.2.1 Maintenance as further described in Article 6 of this SLA.
2.2.2 Circumstances beyond Zympler's reasonable control, including but not limited to: natural disasters (fire, flood, storm, earthquake); power or network outages at providers outside Zympler's sphere of influence; terrorism, war, riots, or other extraordinary circumstances; government measures that hinder service provision; general telecommunications or internet outages of cloud providers.
2.2.3 Interruptions or malfunctions caused (in part) by: the absence of a stable and adequate internet connection at the End Customer's location; incorrect configuration, settings, or changes made by or on behalf of the End Customer; the End Customer's hardware, software, or networks that do not meet the minimum specifications; the End Customer's failure to provide timely cooperation in granting access, information, or support; unauthorized changes to the EMS, the gateway, or the configuration by the End Customer.
2.2.4 Malfunctions, interruptions, or deficiencies in services, software, hardware, or systems of third parties outside Zympler's sphere of influence, including but not limited to: asset manufacturers (batteries, charging stations, HVAC, solar panels); external APIs, data providers, or integration partners; cloud or hosting providers (insofar as the malfunction is not attributable to Zympler's own configuration); telecommunications and internet providers.
2.2.5 Interruptions resulting from unlawful, unauthorized, or negligent use of the EMS by the End Customer or the End Customer's end users, or use in violation of the Subscription or this SLA.
2.2.6 Temporary blocking or restriction of access to the EMS if necessary to ensure the safety, integrity, or security of the Platform, or to prevent abuse.
2.3 If the agreed availability as stated in Article 2.1 is not met during a measurement period, Zympler may, at its own discretion and in consultation with the End Customer, provide appropriate compensation in the form of a discount on the invoice. The amount of any compensation will be determined by Zympler on a case-by-case basis, taking into account the circumstances, severity, and duration of the outage.
The End Customer or Zympler Partner may report malfunctions and incidents regarding the EMS to Zympler.
4.1 Upon receipt of a report, Zympler follows this procedure:
An SLA evaluation takes place annually, during which areas for improvement and feedback are discussed.
6.1 To ensure optimal performance, security, and stability of the EMS, Zympler periodically performs scheduled maintenance on the infrastructure, software, and systems. Zympler will provide the End Customer with at least 5 (five) business days' written notice of scheduled maintenance if the impact level is Critical (P1) or High (P2). For impact levels Medium (P3) or Low (P4), Zympler will provide the End Customer with at least 1 (one) business day's written notice.
6.2 In exceptional cases, it may be necessary to perform urgent maintenance without observing the standard notice period, for example (but not limited to) in the event of an acute security threat or vulnerability, a critical malfunction that can only be resolved by a system update, or a serious disruption that threatens the stability of the EMS. In such cases, Zympler will endeavor to inform the End Customer as soon as possible about the maintenance, the reason, and the expected duration.
6.3 Temporary unavailability during announced scheduled maintenance or urgent maintenance is not included in the uptime calculation as referred to in Article 2.
The limitation of liability as set out in the Subscription applies to Zympler's liability towards the End Customer under this SLA.
8.1 This SLA forms an integral part of the End Customer's Subscription. The services described in this SLA are included in the Subscription fee. This SLA enters into force on the date of the Subscription and remains in effect for as long as the Subscription is active.
8.2 Zympler reserves the right to review the SLA annually. Changes will take effect 30 days after written notice is provided to the End Customer.
The governing law and dispute resolution provisions as set out in the Subscription apply to this SLA.