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KOGNITWIN ENERGY SUPPORT & SERVICE LEVEL AGREEMENT

Here you can find the KOGNITWIN Energy Support & Service Level Agreement. 

This KOGNITWIN Energy Support & Service Level Agreement (“SLA”) is applicable to Customers of Kongsberg Digital AS (“KDI”) who have a valid Subscription Agreement, governed by the KOGNITWIN Energy Terms of Use (“Terms of Use”), for access to KDI’s KOGNITWIN Energy Service Platform.

KDI will provide maintenance and support as described herein, to maintain the KOGNITWIN Energy Service Platform (hereinafter referred to as the “Service”) in good working order.

Capitalized terms shall have the meanings set forth in the Terms of Use, or in the section where they are first used herein.

1. DEFECT REPORTING AND COMMUNICATION METHODS

Customer shall notify KDI of any defect in the Service by utilizing the Support Portal, accessible via https://dev.azure.com/kognitwinsupport, or by using the following email address:

When notifying KDI of a defect in the Service, Customer shall assign the defect to a Defect Priority, which can be either Priority 1, 2, or 3, in accordance with Table 1 Defect Priority below. Customer shall provide KDI with a written description of the defect and the circumstances where the defect occurred or was discovered. KDI shall review Customer’s defect notification and corresponding Defect Priority designation. Should KDI disagree with Customer’s Defect Priority designation, it will notify Customer accordingly and proceed with defect rectification in accordance with the correct Defect Priority designation. Customer can also use the Support Portal to submit Service Requests, in accordance with its Subscription Agreement and the Terms of Use. Service Requests amount to variations to the Service and are not considered as defects.

Table 1 Defect Priority

Defect Priority

Definition

Priority 1

Meets at least one of the following (group 1) criteria:

·  Complete loss of key service or application.

·  The data security of the Customer is compromised or potentially compromised.

·  Incorrect data is presented or stored which will lead to incorrect business decisions.

And meets at least one of the following (group 2) criteria:

·  There is no workaround to the problem

·  10 or more Authorized Users are affected

Priority 2

Meets at least one of the following:

·  Issues meeting any of the group 1 of Priority 1 criteria, but none of the group 2.

·  Functionality is missing or not working as intended.

·  Degradation in Service performance / response time.

Priority 3

Any defect that does not fall under Priority 1 or 2, including:

·  Minor issues that do not negatively affect the Customer.

Service Request

·  Variations to the Service, in accordance with the relevant Subscription Agreement and the Terms of Use.

2. DEFECT CORRECTION

KDI will use reasonable endeavours to correct any reported defect in accordance with Table 2 Defect Correction below. Table 2 Defect Correction sets out response and target resolution times corresponding to each Defect Priority.

Table 2 Defect Correction

Defect Priority

Response Time*

Target Resolution Time

 

Priority 1

Immediate – 1 hour

Service restoration within 4 hours during Normal Business Hours**

Priority 2

1 hour

Service restoration within 8 hours during Normal Business Hours**

Priority 3

8 hours

10 days during Normal Business Hours

Service Request

Subject to agreement with KDI

Subject to agreement with KD

Notes:

* Response time is the time lapsed from KDI’s registration of a defect until initial feedback is provided to the Customer. Initial feedback will include confirmation or correction of the Defect Priority category, and could also include fixes or workarounds, and the estimated time to fix the defect.

** For Priority 1 and 2 requests KDI aims to provide Service restoration by workaround within 4 and 8 Normal Business Hours respectively. In cases where restoration is provided but resolution is not, KDI will create a new Priority 3 ticket, corresponding to the resolution related work for the same Priority 1 or Priority 2 requests. If resolution is urgent, KDI will apply reasonable endeavours to complete the required work in an expedient manner.

*** Normal Business Hours are between 09:00 – 17:00 (CET) Monday-Friday, excluding public holidays in Norway.  

If a defect is especially costly or difficult to remedy, KDI may, after consultation with the Customer, suggest not to remedy the defect. If the Customer does not agree with KDI, the defect and resolution approaches will, in a timely manner be reviewed by senior management from the Parties, with the express goal to arrive at an agreeable approach for how to remedy the defect.

KDI shall undertake monthly reporting on support performance, subject to mutual agreement between the Parties.

 3. INCIDENT ESCALATION

Customer can escalate incidents if the response and target resolution times in Table 2 Defect Correction are not adhered to, by using the following email address: KOGNITWIN.CS@kdi.kongsberg.com

When escalating an incident, the Customer shall include the following information:

  • Incident ID
  • Contact details
  • Relevant information regarding the defect

4. LIMITATION OF RESPONSIBILITY

KDI’s responsibility is limited to KDI’s environment, equipment and software.

KDI does not accept responsibility for problems related to the Customer’s devices (i.e. PC build) and configuration, proxy server configuration, network performance or cyber security incidents occurring within Customer controlled infrastructures.

Further, KDI does accept responsibility for issues beyond the control of KDI such as:

i. speed or reliability of the internet connection with which an Authorised User is accessing KDI’s server; 

ii. memory, configuration and web browsers of an Authorised User’s workstations, from which an Authorised User is accessing KDI’s server;

iii. security, firewall/proxy servers which Authorised Users need to pass through from Customer to KDI’s servers; and

iv. performance level of the internet service provider that services Customer and its Authorised Users, outages caused by critical global internet infrastructure, such as routing issues, DNS outages, etc.

    5. SERVICE MAINTENANCE

    KDI shall perform regular maintenance activities to improve the performance of the Service, keep the Service infrastructure up to date and ensure that the Service is running as expected, following any upgrades/updates.

    KDI will, as part of its normal practices, perform system maintenance without the involvement of Customer and shall seek to perform such maintenance without causing downtime of the Services.

    In rare occurrences where KDI expects that scheduled maintenance activities will cause downtime of the Services, KDI will, where reasonably practicable,  provide notice to Customer of such anticipated Service downtime at least 1 week in advance, except in the event of an emergency, and will in any event apply reasonable endeavours to provide such notice in advance of the performance of such maintenance activities.

    6. MONITORING

    KDI or its suppliers shall monitor the Service and its availability, on a 24 x 7 x 365 basis, for correct operation, capacity and performance.