SERVICE LEVEL AGREEMENT

This Services Service Level Agreement (“ SLA”) between Bidex Media Services, S.L. (hereinafter, “AFTRAD”) and the users (“User (s)”) that access and uses the website “https://{client_name}.aftrad-ui.com” (hereinafter, the “Platform) as well as the software and services provided thought it, (hereinafter, collectively, the “Services”) according to the terms and conditions available in the following link https://aftrad.com/terms-and-conditions-of-service.html (hereinafter, the “Terms and Conditions”).

Capitalized terms not defined herein shall have the meaning assigned to them in the Terms and Conditions. In the event of a conflict between the terms of this SLA and the terms of the Terms and Conditions, the terms of this SLA shall apply but only to the extent of such conflict.

1.- Service Level Commitment

Services will be available at least 99.9% of the time during any calendar month, as measured by Aftrad and subject to the terms herein (“Service Level Commitment”). Services are considered available if the User is able to access the Platform and use the Services.

2.- Service Credits

If, during any calendar month, AFTRAD fails to achieve the Service Level Commitment, as measured by AFTRAD, eligible User may submit a claim for credit (“Service Credit”) for the fees attributable to AFTRAD Services in the applicable Order as provided below.

    Services AvailabilityMeaning
    <99.9%x10 the downtime exceeded being the difference between the guaranteed percentage and the total downtime.

The calculation established in the table above shall be based on the user´s package and contracted pricing. In any case, the Service Credit shall exceed the monthly pricing contracted by the User.

Service Credits are non-refundable and may only be applied to future payments of the Services by the User. Service Credits are User's sole and exclusive remedy for any unavailability or performance degradation of the Services.

3.- Exclusions

This SLA does not apply to any unavailability or performance degradation that results from: (a) User´s acts or omissions, including misuse, unauthorised access or modification, and negligent or unlawful acts or omission; (b) scheduled or emergency maintenance events; (c) User´s equipment, software, or technology, including without limitation a third-party equipment, software, or technology (other than those under AFTRAD´s direct control); (d) force majeure events, internet access issues, network traffic problems, or other factors outside AFTRAD´s reasonable control; (e) suspension or termination due to the breach of AFTRAD´s Agreement and/or Terms and Conditions.

4.- Claim Process

To receive a Service Credit, a Customer must file a claim for such Service Credit within 30 days following the end of the applicable month in which the Service Level Commitment was unmet by a notification to AFTRAD. User must include in its notification a complete description of the downtime, including relevant dates and times, together with any applicable log files or other supporting documentation. AFTRAD reserves the right to deny Service Credits for improperly submitted claims or if the User does not qualify for the Service Credit.

Last update: January, 2024.

© Bidex Media Services S.L. All rights reserved.

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