Service Level Addendum

This Service Level Addendum (“SLA”), forms part of the agreement regarding Quinyx’s provision of its standard services (the “Agreement”) between Quinyx AB (“Quinyx”) and the customer entity identified in the Ordering Document (the “Customer”). The provisions of this document only apply to the Quinyx Service (and not in respect of any Professional Services). Any capitalised terms used but not defined herein shall have the meaning set out elsewhere in the Agreement.

Service Availability

Performance Quinyx warrants that the Service Availability of each Quinyx Service shall be no less than 99.9% each month, where "Service Availability" means the availability of the relevant Quinyx Service measured on a monthly basis as follows: 

1. total minutes in the relevant calendar month ("Total Minutes"); minus 
2. the total minutes that the relevant Quinyx Service is not available in the relevant month as calculated in accordance with the Quinyx monitoring system (excluding any minutes that the Quinyx Service is not available due in whole or in part to any of the Permitted Exclusions); divided by 
3. the Total Minutes, expressed as a percentage.

Measurement The measuring point for Service Availability is the availability of the Quinyx Service of Quinyx's production tenants at Quinyx's hosting provider's data center internet connection points. 

Credits In respect of each of the Quinyx Services (as applicable), Service Availability for the previous month is provided every first Monday of a month in the Support Portal. In the event of non-fulfilment of the warranted Service Availability during a certain month, the Customer is entitled to request that Quinyx issues credits, corresponding to a percentage reduction of the relevant proportion of that month’s fee for the relevant Quinyx Service (“Credits”), provided that such request is made in writing within 14 days of the end of the relevant calendar month in which Quinyx failed to meet the Service Availability target, according to the following tables: 

Eligibility Eligibility to Credits is subject to the Customer not having any undisputed outstanding balances due or in any other way being in material breach of the Agreement. The Credit, in addition to the termination right in the section below, shall be the Customer's sole and exclusive remedy for Quinyx’s failure to meet its obligations under this SLA. For the avoidance of doubt, the Credit shall only apply to the relevant proportion of the Quinyx Service fee to which Quinyx's failure to meet the Service Availability relates. For example, where Quinyx fails to meet the agreed Service Availability in respect of the Workforce Management Service but meets the agreed Service Availability in respect of the Concrete Service, the Customer shall only be entitled to request a Credit in respect of the element of the fee which relates to the Workforce Management Service and not the element of the fee which relates to the Concrete Service. 

Termination Right If the actual Service Availability for the relevant Quinyx Service(s) is less than 90% for any two consecutive calendar months, the Customer shall be entitled to immediately terminate this Agreement in part in respect of the relevant Quinyx Service and be entitled to a refund of any then already paid fees for that Quinyx Service, related to the then remaining term of the Agreement. Termination of this Agreement shall in addition to such refund be the Customer’s sole and exclusive remedy for Quinyx’s failure to meet the agreed Service Availability.

Permitted Exclusions Quinyx shall not be deemed to have failed to meet the relevant Service Availability calculation and therefore no Credit shall be made available to the Customer or other remedy apply if the relevant failure has arisen due to: 

1. unavailability caused by issues related to any third-party software, tools, products, networks, services or hardware, 
2. a fault, defect, error, issue or disruption in Customer’s internet connection, Customer’s equipment or Customer’s connection to intermediate backbone networks, and/or implementation or integration partners engaged by Customer,
3. a Force Majeure Event; 
4. Quinyx undertaking any planned maintenance in accordance with the Agreement; and/or 
5. any act or omission by the Customer in breach of the Agreement (the “Permitted Exclusions”).

Support SLA

Support Hours Quinyx will provide support under the applicable Success Plans:

for Platinum, 24/7 on normal local working days in Sweden, or if Customer is located in North America, on normal working days in Boston, Massachusetts;

for Gold or Silver, between 08:00 and 17:00 local time on normal working days in Sweden, or if Customer is located in North America, between 8 am and 5 pm local time on normal working days in Boston, Massachusetts;

for Bronze, between 08:00 and 17:00 local time on normal working days in Sweden (“Working Hours”). 

Any deviations from the aforementioned service hours are notified in advance on the Support Portal. 

If Customer has the Bronze Success Plan, Customer may only contact Quinyx via the Support Portal unless otherwise indicated in the Response times-table below. For any other Success Plan, Customer may contact Quinyx via the Support Portal or by telephone. 

Response times Quinyx shall use commercially reasonable efforts to respond to incidents or issues with the Quinyx Service within the time period specified below depending on the gravity of the incident (as determined by Quinyx acting reasonably). For clarity, the response itself shall be proportionate to the level of gravity of the incident and automated emails shall not constitute an acceptable response for the purpose of this clause. Without limiting the generality of the foregoing, an example of an acceptable response from Quinyx would be to meet the relevant target response time below and, if applicable, set up an incident ticket without undue delay thereafter. 

Updates Customer is aware that (i) Quinyx continuously uses the latest version of the standard software for the provision of the Quinyx Service to all its customers, (ii) the Quinyx Service is continuously updated and further developed by Quinyx, and that (i) and (ii) may entail certain minor changes in the use for Customer. Quinyx will use commercially reasonable efforts to notify Customer at least seven days before any scheduled update or other maintenance. Such notification shall typically be included in release notes published on the Support Portal, and shall include information about any material changes in any upcoming releases. 

Reproducing Errors Quinyx is responsible for fault detection in case of incidents (errors and disruptions) in the Quinyx Service and for assistance regarding elementary technical and functional issues. Quinyx must be able to reproduce the errors in order to remedy them. Customer is expected to cooperate as reasonably requested in order to reproduce errors and carry out fault detection measures. Customer agrees to, if necessary, provide a secure technical possibility to carry out support through remote connection. 

Published: 31 October 2022
Last revised: 2023-01-25