Service level agreement

The document defines the rules for handling and responding to errors, the way we communicate with Users, the guaranteed level of service availability and the procedures relating to backups and system updates.

The purpose of the SLA is to make the rules of service provision transparent and to confirm the Operator’s commitment to maintaining high reliability, security and continuity of the Filmdist platform.

Error

Incorrect operation of the Filmdist application (i.e. a deviation from the intended operation of the System) or of any part of it, regardless of the cause of that irregularity.

Response Time

The time between the reporting of an Error and the Operator performing the actions provided for in this document for the Response Time. It is counted from the moment the Operator confirms receipt of the Error report and runs regardless of any questions the Operator addresses to the User.

Repair Time

The time between the reporting of an Error and the repair of the Error together with the Operator’s notification that it has been carried out. Repair means the permanent removal of the disruption, restoring the System to full working order; the Response Time is included in the Repair Time.

Workaround

Restoring the System to the state it was in before the given error, with possible limitations on how the System is used which do not, however, prevent the System’s functionality from being used. A Workaround does not constitute removal of the disruption.

Error Category

The impact that the occurrence of a given type of Error has on the operation of the System as a whole. For the purposes of the SLA, expected Response Times and Repair Times may be assigned to individual Error Categories.

SLA Performance Level

The actual level at which the User’s Support Requests are handled in relation to the agreed Response Times and Resolution Time.

Support Request

A report submitted by the User of a need for Maintenance Services relating to an Error that has occurred.

Working Hour

Each consecutive 60 minutes in the period from 8:00 to 16:00, Monday to Friday, excluding public holidays.

Working Days

Days from Monday to Friday, excluding public holidays.

Clock Hour

Each consecutive 60 minutes from Monday to Sunday.

The Operator undertakes to provide maintenance services for the Filmdist application, comprising:

• analysis and handling of service requests,
• removal of errors and implementation of workarounds,
• maintenance of the ticketing system,
• monitoring of service availability,
• performing backups and restoring data where necessary.

Maintenance services do not cover:

• problems arising from user error,
• outages resulting from the actions of external providers (e.g. hosting, DNS, e-mail),
• failures resulting from force majeure, network errors or DDoS attacks,
• modifications or integrations carried out by the user independently.

The User reports errors to pomoc@filmdist.com, providing:

• a description of the problem,
• the user account details,
• optionally a screenshot, recording or file illustrating the problem.

The Operator confirms receipt of a report within 4 working hours. Reports submitted after 16:00 are registered on the next working day at 8:00.

As part of its response, the Operator may apply a workaround that temporarily makes it possible to use the application until the error is permanently resolved.

The following rules cover the primary application databases, hosted on Microsoft Azure SQL Database:

• differential database backups performed every 24 hours,
• weekly full backups retained for 6 months,
• monthly full backups retained for 12 months,
• the ability to restore data to any point in time up to 21 days back,
• backups may be made available to the User at their written request, once the form of delivery has been agreed.

Auxiliary databases hosted in the Operator’s own infrastructure hold only derived data, synchronised from the primary databases and reproducible from them. They are covered by daily backups retained for 12 months.

The availability indicator is calculated as the ratio of the total time the system is available to the total time services are provided in a given billing period.

The following are not included when calculating the availability level:

• outages resulting from planned maintenance work, updates or system expansion carried out in accordance with the “Updates and technical downtime” section,
• outages caused by a failure or limitation on the side of external providers (e.g. cloud services, DNS, mail or authorisation),
• configuration errors on the User’s side,
• force majeure or other circumstances beyond the Operator’s control,
• lack of cooperation or response from the User to requests for information necessary to diagnose an error.

In the event of a failure, the Operator immediately notifies Users by e-mail or through a message in the system and takes all reasonable action with due care to restore the correct operation of the services.

A report may be assigned one of three priorities:

Critical error

An error that prevents or significantly limits the work of Users, the functioning of the System or its use. A Critical Error also covers a situation in which a number of non-critical Errors together have the same effect and the Operator is unable to propose a temporary workaround.

Non-critical error

An error that is inconvenient for the User but does not prevent work with the System or significantly limit its functioning.

Defect

A minor disruption to the operation of the System that has no significant impact on its functioning or on the User’s comfort of work.

The Operator guarantees the following indicative response and repair times, counted in working hours (Monday–Friday, 8:00–16:00):

Reports submitted outside the support team’s working hours (after 16:00, at weekends and on public holidays) are registered and handled from the beginning of the next working day.

During the response time, the Operator:

• diagnoses the cause of the error,
• informs the User that work on removing it has started,
• provides information about the error category, the identified cause and the estimated repair time.

In justified cases the Operator may implement a workaround that allows the System to be used temporarily until the error is fully removed — the User will also be informed of this. Implementing a workaround does not constitute a breach of the SLA.

If the guaranteed availability level is not achieved in a given month, the User is entitled to compensation in the form of a reduction of the subscription fee in the next billing period:

Compensation is the User’s sole claim in respect of unavailability or interruptions in the operation of the System. It is not available where the unavailability resulted from:

• incorrect configuration on the User’s side,
• unavailability of third-party services,
• force majeure or failures beyond the Operator’s control.

1. 11.1

   The Operator reserves the right to carry out maintenance, servicing, updates and expansion of the Filmdist system, including the implementation of new functionality and technological changes necessary to maintain the quality and security of the services.

2. 11.2

   Planned technical downtime or updates that may cause temporary unavailability of the system are not included in the unavailability time under the SLA, provided that:

   • the Operator has informed Users of the planned date at least 24 hours in advance, or
   • the work takes place between 20:00 and 6:00 and does not exceed a total of 8 hours per month.
3. 11.3

   The Operator will make every effort to ensure that planned maintenance work minimises the impact on day-to-day use of the system.

4. 11.4

   In the case of unplanned technical downtime resulting from the need to remove critical errors or security threats, the Operator immediately informs Users of the causes and the expected duration of the downtime.

5. 11.5

   Downtime meeting the conditions of point 11.2 or resulting from the situations described in point 11.4 does not constitute a breach of the SLA or grounds for claiming compensation.

6. 11.6

   Functional changes that significantly affect the way the application is used are announced 7 days in advance.

7. 11.7

   New features or minor improvements that do not significantly affect the existing operation of the system may be deployed without prior notice.

8. 11.8

   After each update, the Operator informs Users through a message in the application or a newsletter.

1. 12.1

   The Operator is liable only for damage actually suffered by the User, arising from culpable and proven fault or gross negligence on the part of the Operator.

2. 12.2

   The Operator’s maximum liability is limited to the equivalent of the total subscription fees paid by the User in the last three (3) months before the event giving rise to the claim.

3. 12.3

   The Operator is not liable for:

   • lost profits, data or revenue,
   • indirect, incidental or consequential damage,
   • problems resulting from the use of outdated software, lack of updates or incorrect configuration on the User’s side.

This document forms an integral part of the agreement between the User and the Operator.

The Operator reserves the right to update this document, informing Users at least 14 days in advance.

Matters not regulated by this document are governed by the provisions of the Polish Civil Code. Any disputes will be settled by the court having jurisdiction over the registered office of the Operator.