Support Conditions and Service Level Agreement

- hereinafter referred to as “SLA” -

to the

Agreement on the use of Celero One,
concludes on the basis of the General Terms and Conditions

- hereinafter referred to as the “Principal Agreement” –

agreed between

Celero Cloud GmbH
Schöllbronner Straße 23 a, 76275 Ettlingen, Germany
– hereinafter referred to as “CELERO” –

Customer to the Principal Agreement.
– hereinafter referred to as "Customer" –

The following information and conditions govern the service levels for the SaaS contracted by CELERO as well as the maintenance of the software products included in the monthly price and the chargeable support for the software products provided to the Customer. In this respect, CELERO shall be responsible only for the processing of SaaS related issues which lie within its sphere of control as well as support requests (here with the aim of finding a remedy and solution which can be implemented as soon as possible). As a rule, CELERO will remedy any existing issues via remote access at its company headquarters (in Ettlingen). CELERO shall not be liable for the (re-)establishment of the functionality of the software products provided or the successful elimination of issues if the issues have their cause outside the sphere of influence of CELERO.

1. Data backup
CELERO shall carry out a daily backup of the application data of the Customer on the data server. CELERO shall be liable for the loss of data of the Customer in accordance with Section 12 of the General Terms and Conditions.

2. Support
2.1. Contact details; Contact person
CELERO's support is located at the company's headquarters (in Ettlingen) and can currently be reached by telephone, email and via the ticket system provided upon conclusion of the contract under the following contact details:

Telephone: +49 7243 35 33 121

Support requests and issue reports may only be submitted by the Customer's agreed contact persons.

2.2. Support hours
The support of CELERO is available to the Customer from Monday to Friday (hereinafter referred to as “business days”) from 9 am to 5 pm CET. Public holidays in Baden-Württemberg are excluded from this.
Support requests or incident reports received outside of support hours will be treated as if they were received at 9.00 a.m. CET on the next business day.

3. Availability
The SaaS is available to the Customer with an availability of 98% per year.

"Availability" is the amount of time in minutes that the SaaS of CELERO is available in a given time interval, relative to the total time of the relevant time interval in minutes. Availability is expressed in %.

"Availability of the system" within the meaning of the following provisions means the duration of the contracting party's ability to access the software products provided by CELERO within the framework of the SaaS, whereby access is given if the SaaS with its essential functionalities can be used by the Customer; insignificant restrictions and impairments of performance shall not be taken into account.

The following periods shall be disregarded in the calculation of availability:
a) Time that elapses until the Customer reported the fault via the CELERO ticket system after becoming aware of it.
b) Interruption times agreed between the Customer and CELERO (in the course of maintenance work). This includes the regular maintenance times, but also unscheduled maintenance times. The regular maintenance times are daily from 11 pm to 6 am CET. Unscheduled maintenance times shall be coordinated in advance with the Customer.
c) Violation of the Customer against obligations to cooperate.
d) Issues for which the user is responsible.
e) Business interruptions due to force majeure for which CELERO is not responsible or caused and which cannot be assigned to its risk environment (e.g. due to natural events, embargoes, industrial action, etc.).


4 . Error messages
4.1. Error handling
The primary goal of the support is to restore the Customer 's system environment to proper operational readiness as quickly as possible. Another aim of the support is to provide assistance for cases that are less critical in character.
In the case of support cases (see also point 7 of this Annex 3), a distinction is made between duration and impact on the operational business. The degree of participation is determined by a calculation (duration x impact) as follows:

4.2. Duration / Scope
How many users are affected by the problem?
<25 % --> Wheiting 2
26 – 50 % --> Wheiting 3
51 – 75 % --> Wheiting 4
76 – 100 % --> Wheiting 4

4.3. Impact

How serious / critical is the problem?

Improvement --> 1
Low Interruption --> 2
Major Interruption --> 4
System is not usable --> 8

4.4. Degree of involvement (= duration x impact)

Level 1 (Dangerous) --> 15
Level 2 (Heavy) --> 8 – 15
Level 3 (Light) --> < 8

Calculation examples: A case rated as "minor interruption" is reported by the Customer (weighting factor 2). The interruption affects all users (weighting factor 5). This results in a total value of 10 (duration 2 x impact 5 = total 10). The case is thus assigned to degree of involvement 2 (heavy).
A case reported by the Customer as a support case will be prioritised by CELERO and processed as quickly as possible according to the classification of the degree of involvement. If the Customer’s assessment is incorrect, CELERO will adjust the classification and immediately inform the Customer.

4.5. SLAs
Level 1 ( Dangerous)
Response time: max. 8 hours
Recovery / troubleshooting time: As soon as possible.
Troubleshooting continues until the problem is resolved. The prerequisite for this is that there is a continuous dialogue with the Customer about the status of the case until the problem is solved. The correction may require a so-called "emergency patch" (modification of the code).

Level 2 (Heavy)
Response time: max. 24 hours
Recovery / troubleshooting time: A possible "workaround" will be put in place as soon as the nature of the problem is identified. If a change to the code is required, the fix will be included in a future patch.

Level 3 (Light)
Response time: max. 64 hours
Recovery / troubleshooting time: A possible "workaround" will be put in place as soon as the nature of the problem is identified. If a change to the code is required, the fix will be included in a future patch.

4.6. Error categorisation
After the start of the error check, the error is categorised by CELERO on the basis of the cause of the error.

The error of a module differentiates between 3 (in words: three) types:
a) Bugs
b) Support (first-level-support, second-level-support, data-management)
c) Change requests

For an explanation of the terms, see paragraph 5, paragraph 6 and paragraph 7 of this SLA.
Errors that are classified as bugs are based on errors in the standard product and require a correction in the software code. Bug fixes are made for the current version or according to SLA classification for future versions. Bug fixes for other casas will be made according to their classification on an ongoing basis within the designated response time.
Requests for major changes to the configuration or integrations will not be handled within the ordinary support process. These services can be additionally requested and ordered from the contact person named in section 2.1 of this SLA.

5. Terms and definitions
The categorisation of a request depending on the type and description of the individual case.

Response time         
Defined as the time between the error notification by the Customer and the feedback by the support that the error notification has been received and is being processed as a support case. CELERO will request additional information if the error notification is incomplete or it is not possible to rectify the error without this information. The response time is calculated on the basis of the support times communicated in section 2.2.

Defined as an action to correct detected errors. Troubleshooting can also be done temporarily, through a temporary "workaround” while waiting for a permanent solution.

Recovery / troubleshooting time
Defined as the time between confirmation of receipt of the error notification by CELERO and the time until a solution accepted by the Customer for the problem is delivered. It does not take into account the time CELERO waits for information or feedback from the Customer to continue troubleshooting. The troubleshooting time is calculated on the basis of the support times communicated under point 2.2.

6. Categorisation of bug cases - impact
Level 3 (Light)           
Failures of the software that lead to a partial limitation of the software functionality or quality, but do not seriously affect the operational process.

Such malfunctions can be, for example:
a) Individual report functionalities cannot be used or contain incorrect information.
b) Excel export does not work or does not output the expected values/data.
c) Some sorting or filtering functions do not work.
d) Individual users cannot provide feedback via the web portal and/or the mobile app.
e) Individual users cannot start the mobile app.

Level 2 (Heavy)         
Failures of the software that seriously affect the operational process and the use of the software.

Such malfunctions can be, for example:
a) The monthly compensation run cannot be carried out or contains incorrect data.
b) Billing preparation cannot be carried out.
c) System-side data interfaces to Customers and / or suppliers cannot be addressed using the software.
d) Applicant module is not accessible externally or no data is generated for the connected personnel processes.
e) Data synchronisation via the mobile app is not possible on the serial side.
f) The mobile app breaks down across the board or for all app users with the same functionality.
g) A user role can view and / or export data that does not correspond to its administered authorisation.

Malfunctions of the software which result in the software or individual modules thereof not being able to be started or used by at least 50% of the users.

7. Categorisation of the support cases
The support cases are divided into the following categories:

Change requests
Adaptations of the application to the specific needs of the Customer. The adaptation includes all stages of a standardised software adaptation/development based on the V-Modell: Project management, programming, quality assurance and configuration management.

Data Management  
Management of data according to Customer needs, e.g. master data management of portal users, master data management of Customers, POS and items in various projects, furthermore receiving and sending data to external interfaces of Customers (EDI and other formats).

First level support  
Immediate response to queries towards the user that can normally be answered within the caller’s own organisation through operational training.

Second level support          
Responding to queries that relate to more technical questions or in-depth questions from users that require more effort to answer.

This SLA is concluded in electronic format and is effective without signatures of the contracting parties.