Service Level Agreement (SLA)
Last Updated: 02/09/2024
This myHR Service Level Agreement (“SLA”) outlines the terms and conditions governing the use of myHR Services (“Services”) under the myHR Terms of Service (“Terms of Service”). This agreement is between myHR.lu, represented by myHR Sàrl (“myHR,” “us,” or “we”), and users of the myHR Services (“you”).
This SLA applies separately to each customer who has subscribed to one of our paid services. Unless otherwise stated, this SLA is subject to the Terms of Service. We reserve the right to modify the terms of this SLA in accordance with our Terms of Service. Customers will be notified of any significant changes to this SLA at least 30 days in advance, either via email or a notification on the platform.
1. Definitions
1.1. Unavailable - Means that your myHR company space lacks external connectivity for a continuous five-minute period. For example, if you are unable to access the myHR platform or any of its services due to connectivity issues, this period would be considered "Unavailable."
1.2. Service Year - Refers to the 365 days preceding the date of an SLA claim. For instance, if you are making a claim on June 1st, 2024, the Service Year would be from June 1st, 2023, to May 31st, 2024.
1.3. Service Credit - Is an euro credit, calculated as described below, that may be credited to your account. For example, if your service was down and your claim is approved, you might receive a Service Credit equivalent to 10% of your monthly bill.
1.4. Eligible Credit Period - Is the monthly or annal billing cycle in which the most recent downtime included in the SLA claim occurred.
1.5. Annual Uptime Percentage- Is calculated by subtracting from 100% the percentage of five-minute periods during the Service Year when the Services were Unavailable. If you have been using our Services for less than 365 days, your Service Year still covers the preceding 365 days, with any days prior to your use of the Services considered to have had 100% availability.
Any downtime occurring before a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage calculations exclude downtime resulting directly or indirectly from any SLA Exclusions (as defined below).
1.6. Maintenance Window - Is a scheduled period during which outages and changes may occur. Planned maintenance will not exceed 10 minutes of unavailability in any given month, and we will notify you in advance of any Maintenance Window where possible. To minimize disruption to your operations, planned maintenance is generally performed during nighttime hours or outside of standard office hours
2. Service Commitment
We will use commercially reasonable efforts to ensure our Services are available with an Annual Uptime Percentage of at least 99.95% during the Service Year. If our Services do not meet this uptime commitment, you may be eligible to receive a Service Credit as described below.
3. Service Commitments and Service Credits
If a customer’s Annual Uptime Percentage falls below 99.95% for the Service Year, that customer is eligible to receive a Service Credit equal to 10% of their bill for the Eligible Credit Period. Customers can file a claim at any time their Annual Uptime Percentage over the trailing 365 days drops below 99.95%, without needing to wait 365 days from the start of service or from their last successful claim.
Service Credits will be applied against future Service payments due from you. However, we may issue the Service Credit to the credit card used to pay for the Services during the billing cycle in which the error occurred. Service Credits do not entitle you to any refund or other payment from us. A Service Credit will only be issued if the credit amount for the applicable monthly billing cycle is greater than one euro (€1 EUR). Service Credits cannot be transferred or applied to any other account.
For enhanced customer satisfaction, we may offer alternative compensation options, such as discounts on future services or extended service periods, at our discretion.
4. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a support request (the “Credit Request”) that must:
- Include your myHR company sub-domain;
- Include the dates and times of each incident you experienced;
- Include your server request logs documenting the errors and corroborating your claimed outage (ensure any confidential or sensitive information in these logs is removed or replaced with asterisks);
- Be received by us within thirty (30) business days of the last reported incident in the SLA claim.
If we confirm that your Annual Uptime Percentage is less than 99.95% for the Service Year, we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Failure to provide the required information and submit the request within the specified timeframe will disqualify you from receiving a Service Credit.
5. SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension, or termination of the Services resulting from:
- Factors outside of our reasonable control, including force majeure events such as natural disasters, major internet outages, or governmental actions, or Internet access issues beyond the demarcation point of our Services;
- Actions or inactions by you or any third party;
- Planned maintenance during a Maintenance Window;
- Your equipment, software, or other technology, or third-party equipment, software, or technology (excluding third-party equipment within our direct control);
- Our suspension or termination of your right to use our Services in accordance with our Terms of Service.
(collectively, the “SLA Exclusions”).
If availability is impacted by factors other than those explicitly listed in this agreement, we may issue a Service Credit at our sole discretion.