Version 1: April 15, 2025
This Service Level Agreement ("SLA") outlines the service levels and availability guarantees that apply between Pluvo and the Customer regarding the Service.
1.1 The same definitions are used in the SLA as in the Agreement, unless otherwise indicated below. The following capitalized terms have the following meaning in this SLA:
Contact person:
the persons designated by the Customer as mentioned in article 9;
Service:
the provision of access to and availability of the Pluvo platform, as described in the Agreement;
Incident:
an event that causes the Service to not function, or at least not fully function, in accordance with the SLA. Incidents caused by the non-functioning or incorrect functioning of the Network Configuration and/or other matters outside the direct sphere of influence of Pluvo are not considered Incidents under this SLA;
Network Configuration:
the hardware, intermediate communication connections, and associated (control) systems of the Customer that are outside the sphere of influence of Pluvo;
Agreement:
the Pluvo Customer Contract between Pluvo and the Customer as mentioned above;
SLA:
this Service Level Agreement;
Working hours:
Monday to Friday from 9:00 am to 5:00 pm CET, excluding official holidays in the Netherlands.
2.1 This SLA is an elaboration and part of the Agreement. All provisions of the Agreement are fully applicable to this SLA, unless deviated from in this SLA. In the event of any conflict between the provisions of the Agreement and this SLA, the provisions of the Agreement shall prevail.
2.2 This SLA applies for the duration of the Agreement and ends by operation of law at the time the Agreement ends.
2.3 Changes to this SLA or any further agreements between Pluvo and Customer on matters governed by this SLA must always be agreed in writing and signed by Pluvo and Customer.
3.1 Pluvo is fully aware of the importance of the Service functioning optimally at all times. Pluvo will therefore always make reasonable efforts to offer the Customer the full enjoyment of the Service.
3.2 Pluvo makes every effort to ensure that the Service is available at all times without any problems. In the event of an Incident, Pluvo is committed to resolving the Incident within the timeframes agreed in this SLA. Pluvo commits to regular maintenance of the Service, including system maintenance, updates and upgrades.
4.1 From the effective date of the Agreement, Pluvo makes and keeps the Service available to Customer in accordance with the Agreement and this SLA. Pluvo guarantees availability of the Service of 99.8% per calendar month.
4.2 The availability is calculated per calendar month as follows, whereby the normal production time is equal to the Working hours and planned maintenance is not included:
Availability = (Normal production time − Downtime during normal production time) ÷ Normal production time
5.1 Maintenance of Pluvo and/or the Service takes place continuously. Regular maintenance is included in the subscription fee. Insofar as it is necessary for access to the Service to be interrupted during maintenance, this will take place outside Working Hours as much as possible and for a maximum period of time of 30 minutes at a time. If it is not possible to carry out maintenance outside Working Hours, Pluvo notifies the Contact Person of this if possible 28 working days in advance, but in any case as soon as reasonably possible.
5.2 The implementation of updates or upgrades is solely and completely at the discretion of Pluvo, and it cannot be obliged to do so by the Customer. Pluvo will inform the Contact Person about any updates and upgrades carried out if Pluvo and/or the Service have been substantially changed or expanded as a result.
6.1 Pluvo provides support under this SLA only to the designated Contact Person. Questions related to the use of the Service may be submitted by other Customer employees or users of the Service (Participant and/or Trainers) through customer service, but Pluvo can never be obliged to provide first-line support under this SLA to other employees of Customer or users of the Service.
6.2 Only the Contact Person can report an Incident or imminent Incident to the service desk on behalf of the Customer. Only in that case will Pluvo accept the report or register, assess, resolve and sign off. All communication about Incidents, actions taken and availability of the Service takes place via the service desk of Pluvo and the Contact person.
6.3 In case of an Incident or a potential Incident, Pluvo will resolve or prevent it as soon as possible after becoming aware of it. The Customer will investigate any reported Incident or potential Incident sufficiently before the Contact person reports it to Pluvo. Pluvo will actively monitor and detect Incidents and potential Incidents.
6.4 The Contact person will report an Incident or potential Incident to Pluvo as soon as possible after becoming aware of it. The Notification will contain at least a clear description of the Incident, a description of the investigation carried out by the Customer, and an assessment of the priority.
6.5 The Pluvo service desk can be reached during Working hours using the contact details below:
Pluvo contact
Telephone: 31 20 560 5003
Email for Incidents and impending incidents: issue@pluvo.nl
Chat for other support questions: Via www.pluvo.eu
6.6 Each report of an Incident is processed by Pluvo classified into one of four priority categories:
Category incidents
P1 Service is completely unavailable
P2 Work can be done, but the entire Service suffers from 'performance' problems or temporary disruptions.
P3 Work can be done, but parts of the Service suffer from 'performance' problems or temporary disruptions.
P4 (i) A small part/functionality of the Service is not operational but all parts of the Service are available.
(ii)Furthermore, all other Incidents and all questions of a technical and functional nature or suggestions for improving the Service.
6.7 Pluvo uses the following response and recovery times per priority category:
Category | Response time | Recovery time after registration by Pluvo
P1 | 1 hour | 24 hours
P2 | 2 hours | 48 hours
P3 | 3 hours | 72 hours
P4 | 24 hours | 5 working days
6.8 Response and recovery times are best efforts obligations and only apply to Incidents reported by the Contact Person and registered by the service desk of Pluvo. Response times only apply during Working Hours. Recovery of Incidents can also take place by means of temporary solutions. There is no recovery time for questions and suggestions, as mentioned in priority category P4 (ii).
6.9 The Customer undertakes to cooperate with the Incident Investigation by Pluvo.
6.10 For Incidents caused by non-functioning or incorrect functioning of the Network Configuration and/or other matters that are beyond the direct sphere of influence of Pluvo there are no recovery times. Pluvo will only play a supporting role insofar as this can reasonably be required, and may charge the Customer for this.
6.11 If and as long as the Customer fails to fulfil its full obligations under the Agreement, the service levels stated in this SLA do not apply.
6.12 The costs associated with resolving Incidents resulting from careless use of Pluvo and/or the Service by the Customer, Trainers, Participants and/or other third parties will be borne by the Customer. The costs associated with resolving Incidents caused by defects in Pluvo will be borne by Pluvo.
6.13 Pluvo uses an hourly rate from €100 excluding VAT for activities that are not included in the subscription fee, that are caused outside its sphere of influence and/or for which the costs are borne by the Customer in accordance with this SLA. Costs are passed on Pluvo invoiced afterwards and must be paid by the Customer under the conditions stated on the invoice.
6.14 Pluvo will inform the Contact Person after recovery of the Incident about the measures taken and the resolution of the Incident.
7.1 At the written request of the Customer, Pluvo draw up a written report on the availability and response and recovery times in that period for the preceding six calendar months, and make it available to the Customer. If that report shows that:
7.1.1. If the availability mentioned in article 4 is not achieved for two consecutive months and/or if the response and restoration times mentioned in article 6 are not achieved more than twice, Pluvo will escalate the issue to the Contact Person. Pluvo and the Client will then enter into discussions to evaluate the SLA and discuss a solution to ensure availability and response and restoration times.
7.1.2. The availability referred to in Article 4 has not been achieved for four consecutive months, the Customer has the right to terminate the Agreement in writing with immediate effect. The Customer does not owe a subscription fee for the calendar month in which the Agreement is terminated.
7.2 The sanctions described in clauses 7.1.1 and 7.1.2 are the only remedies Customer can invoke if Pluvo does not meet the agreed availability and/or response and recovery times.
7.3 The Customer cannot invoke the sanctions in this article 7, nor is Pluvo obliged to comply with any provision of the Agreement and/or the SLA if the performance of such a provision is prevented by causes that are beyond the reasonable control of Pluvo as mentioned in article 10 of the Agreement, or any other cause that is outside the control of Pluvo.
7.4 If a force majeure situation occurs as mentioned in Article 7.3, the restoration times will be extended by the period of the delay or the inability to provide the Service due to that situation.
7.5 In the event of an (impending) emergency, Pluvo is entitled to immediately, if strictly necessary, disable or suspend access to the Service, temporarily or otherwise, in order to prevent or terminate the emergency. In case of a situation as mentioned in the previous sentence of this article, Pluvo is not obliged to pay any compensation to the Customer.
8.1 The Customer can keep the Content in the customer environment in Pluvo until the Customer deletes the Content, or it is otherwise removed as stipulated in the Agreement.
8.2 At the request of the Customer and/or in case of termination of the Agreement, Pluvo will provide a complete data export as soon as reasonably possible, in a format to be determined by Pluvo in consultation with the Customer. The costs for this will be fully borne by the Customer.
9.1 Customer shall designate a maximum of three Contacts for Incident communication and one contact for escalation pursuant to Section 7.1.1. The contact details (full name, position, e-mail address and telephone number) are provided at the time of signing the Agreement through info@pluvo.co.
9.2 If the Customer wishes to replace a Contact Person, or if a Contact Person will be absent for a long period of time, such as due to illness or leave, the Customer must notify this in writing at least fourteen days in advance.
