Update September 17, 2009

This agreement includes the following sections:

• Validation
• Support Warranty in case of errors
• Service availability warranty
• Definitions
• Service Credits
• Service Credits Procedure
• Exclusions
• Proprietary Notice

The Cirrus SAP Cloud Computing Service Level Agreement (‘SLA’) is a warranty of Cirrus Service AG (‘us’, ‘we’) to users of Cirrus SAP Cloud Computing Solution (Cirrus SAP CCS) Services (‘you’) regarding the availability of Cirrus SAP CCS services. This SLA is part of the Cirrus SAP Cloud Computing Solution (Cirrus SAP CCS) customer agreement.

We reserve the right to modify this SLA in accordance with the Cirrus SAP CCS customer agreement.

In regard to problem requests issued by you through the Cirrus SAP CCS Management Interface, the response time shall be no more than 4 hours within the defined work hours. We aim to keep the resolve time as short as possible.

Cirrus Service AG aims to guarantee – to a commercially reasonable extent – availability for Cirrus SAP CCS services of at least 98% per calendar month. If Cirrus Services AG does not achieve such availability due to its own fault, you are entitled to a service credit as specified below.

Time definition: Work time

Work time shall include the work days pursuant to the official holiday calendar of Switzerland of the Canton of Berne.

Time definition: Support response time

The warranted response time shall be no more than 4 hours after receipt of the Support request through the Cirrus SAP CCS Management Interface until the request will be assigned to a specialist during work time as defined above.

System availability: 'general'

The services covered by the applicable services description are generally provided to the customer 7 days per week, 24 hours a day.

System availability: 'failure'

The following condition shall be defined as failure:

Cirrus SAP CCS and its services cannot be accessed from a failure-free PC with a faultless network connection through a network that is not overloaded.

Failures due to power failures shall not count as failures. Furthermore, failures resulting from environmental conditions as well as from failures of a public network or a network component in the data center or an operating error by the user shall not constitute a failure.

System availability: 'warranted service availabilty'

Cirrus Services AG is warranting the following availability for the Cirrus SAP CCS:

Availability [%] = V / Z  * 100

V          =   Total amount of hours within the time frame Z during which Cirrus SAP CCS can be used on a fault-free PC with a faultless network connection to a network that is not overloaded.

Z          =   Time frame (in hours per calendar month) during which Cirrus SAP CCS has to be made available. 

A service availability of 98% within a calendar month is warranted.

To measure availability, the earlier of the following times shall constitute the beginning of the failure:

• Notification of a registered user through the Cirrus SAP CCS Management Interface or, in case of its unavailability, via e-mail (support(at)sapcloudcomputing.com) to Cirrus Services AG
• Detection of a failure by the monitoring tools of Cirrus Services AG.

The Service Credit will be calculated as percentage of the invoiced amount paid by you for Cirrus SAP Cloud CCS services for the calendar month in which the Failure occurred. The calculation is made according to the following schedul

In order to receive a Service Credit, you have to issue a Support Request in the Cirrus SAP CCS Management Interface. This request has to contain the dates and times at which the service was not available. Such a Service Credit request has to be received by us within 5 days after the end of the calendar month for which the availability of the Cirrus SAP CCS services is contested. If we confirm that the system availability for that month was fewer than 98%, we shall grant you a Service Credit in the current month and set it off with the reimbursement for Cirrus SAP CCS services for the current month. Service Credits for previous months may therefore amount to no more than the reimbursement owed to us for Cirrus SAP CCS services. Outstanding Service Credits shall expire without compensation at termination of the Cirrus SAP CCS customer agreement. Any setoff with claims not arising in connection with Cirrus SAP CCS services is excluded.

If you fail to issue a Service Credit request to us in due time pursuant to the provisions above, your entitlement to a Service Credit shall forfeit.

The warranties pursuant to this SLA shall not apply to unavailabilities and performance issues of Cirrus SAP CCS services resulting from:

• Service interruptions due to maintenance
• Factors outside of Cirrus Service AG’s control or system limits, e.g. interruptions of the Internet or force majeure
• Actions or neglected actions by the customer or any third party acting on behalf of the customer
• Inaccurate handling of SAP contracts (licensing, maintenance etc.) by the customer
• Faulty hardware, software or technology at the customer’s end
• Suspended or terminated services for reasons outlined in chapter 'Commencement, Suspension and Termination' of the Cirrus SAP CCS Customer agreement

(c) 2011 Cirrus Group. All rights reserved

Cirrus Services AG
Hodlerstrasse 16
CH-3011 Bern
Switzerland

Phone: +41 58 455 0 440
Fax:      +41 58 455 0 441

info(at)cirrus-group.com
http://www.cirrus-group.com/