Service Level Agreement (SLA)
This Service Level Agreement ("SLA") is executed in accordance with, and subject to, the terms, conditions, and provisions set forth in the SOFTWARE AS A SERVICE (“SaaS”) SERVICE AGREEMENT (the “Agreement”), mutually agreed upon by and between the parties.
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Uptime
Uptime refers to all times except unscheduled downtime and scheduled downtime. -
Unscheduled Downtime
Unscheduled downtime refers to any period during which DEUNA's services are interrupted and unavailable. However, unscheduled downtime does not include unavailability or interruptions due to:- (1) Acts or omissions of THE MERCHANT, its employees, contractors, or agents, including but not limited to modifications, updates, or software changes, or applications or systems not owned or controlled by DEUNA.
- (2) THE MERCHANT’s breach of the Agreement.
- (3) Acts or omissions of third parties.
- (4) A force majeure event, including but not limited to internet service disruptions or other events beyond DEUNA’s control.
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Scheduled Downtime
DEUNA will notify the Merchant at least 24 hours in advance before performing scheduled maintenance that involves downtime ("scheduled downtime"), which will be carried out during non-business hours for merchants, specifically between 00:00 and 06:00, GMT -5. -
Support
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Service Levels
Table 1 below ("Service Levels") describes how DEUNA classifies incidents by severity level and defines the service levels that DEUNA will adhere to for each severity level.Table 1 - Service Levels
Incident Severity
Service Level
Support Hours
Resolution Time
Severity 1 (Sev1) (P1) (High):
This is a critical incident that results in unscheduled downtime, affecting 100% of transaction processing with no solution available from THE MERCHANT, and all of THE MERCHANT's customers are unable to complete their payments.
DEUNA commits to responding to a P1 ticket within 30 minutes and resolving it within 4 hours, 24/7.
24/7
4 hours
Severity 2 (Sev2) (P2):
A critical incident in a production environment that does not qualify as Sev1, where (i) a fundamental function experiences abnormal behavior causing major inconveniences, or (ii) a significant number of customers cannot complete payments or use a payment feature.
DEUNA will respond to all genuine Sev2 support requests within 1 business hour and provide updates per the specified support hours.
24/7
24 - 48 hours
Severity 3 (Sev3) (P3):
An incident in a production environment that does not qualify as Sev1 or Sev2, where a fundamental function experiences abnormal behavior that intermittently causes common operations to fail.
DEUNA will make commercially reasonable efforts to respond to Sev3 technical support requests within 1 business day.
9AM - 9PM GMT-5
7 business days
Severity 4 (Sev4) (P4):
A minor issue where a Merchant has a question about how to use the application, requests information or clarification, or experiences a non-critical problem that does not significantly impact operations.
DEUNA will make commercially reasonable efforts to respond to Sev4 support requests within 1 business day.
9AM - 6PM GMT-5
7 - 14 business days
Feature Request (FR) (Lowest Severity):
A request from THE MERCHANT for a new feature that does not currently exist. Feature requests are logged, prioritized, and reviewed for future product design.
DEUNA will acknowledge the feature request in accordance with the specified support hours. All requests are logged under THE MERCHANT’s account.
9AM - 6PM GMT-5
30 - 60 calendar days
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Support Hours
Per the specified service levels, DEUNA will be available to respond to the Merchant as follows:- Severity 1 (Sev1) and Severity 2 (Sev2) incidents: 24 hours a day, 7 days a week (24/7).
- All other severities: Technical support is available via email from Monday to Friday between 09:00 a.m. and 9:00 p.m. GMT -5, excluding international holidays.
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Contacting Technical Support
The CLIENT must immediately contact DEUNA's technical support and report the disruption by emailing [email protected] or sending a message via WhatsApp to +52 5640024645, which connects directly with our technical support team. Additionally, DEUNA offers a Support Desk where tickets can be created for tracking and status updates on requests.
DEUNA has a multi-regional support team that provides 24/7 assistance, covering multiple time zones and languages. The support team is primarily located in Mexico and Colombia for Spanish-speaking Latin America, while Brazil has a specialized team for Portuguese-language support. All teams are capable of providing support both in the local language and in English.
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Access to the Merchant's Account
The Merchant acknowledges and agrees that DEUNA may access EL COMERCIO's account and environment for troubleshooting purposes. While DEUNA’s Technical Support team will attempt to obtain written approval from the Merchant before making any changes to account settings, EL COMERCIO agrees that, in case of an emergency, DEUNA may take necessary or advisable actions without the Merchant’s consent to prevent material harm to the Merchant or DEUNA's business.
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Merchant’s Obligations
To ensure DEUNA can meet response time commitments and provide effective assistance, the Merchant agrees to:
- (a) Submit support requests to DEUNA’s Technical Support team.
- (b) Make reasonable efforts to diagnose and resolve interface issues with DEUNA Services before contacting support.
- (c) Use DEUNA’s provided documentation and self-help resources before requesting assistance.
- (d) Collaborate with DEUNA to keep support requests at reasonable levels. If DEUNA determines that EL COMERCIO’s support requests exceed reasonable thresholds, the Merchant agrees to cooperate in reducing them.
- (e) Promptly notify DEUNA of any incidents related to DEUNA Services.
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DEUNA’s Obligations
DEUNA commits to managing the implementation and maintenance of all payment service providers and fraud prevention services used by EL COMERCIO. However, DEUNA assumes no liability for failures, errors, or interruptions in external platforms and software beyond its direct control. In the event of an external failure impacting the service, DEUNA will make reasonable efforts to notify the Merchant promptly and coordinate with third parties to resolve the issue. DEUNA will take corrective measures to minimize operational disruptions, but will not be obligated to provide compensation or indemnification for losses resulting from such failures.
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Service Availability and Penalties
If, during any month, the availability percentage falls below 99.99%, the Merchant will be entitled to compensation, and DEUNA will incur penalties as follows:
Service Availability Level Penalty Applied 99.99% - 100% No penalty. 99.95% - 99.99% 2.5% of the monthly service invoice. 99.80% - 99.94% 5% of the monthly service invoice. 99.70% - 99.79% 7.5% of the monthly service invoice. Below 99.70% 12.5% of the monthly service invoice. The penalty will be applied to the next monthly invoice, allowing both DEUNA and the Merchant to align the SLA result.
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SLA Exclusions
DEUNA will not be held responsible for SLA breaches due to:
- THE MERCHANT's failure to process data as per DEUNA's recommendations.
- Merchant's equipment or its users.
- Third-party actions or services not provided by DEUNA.
- Force majeure events, including but not limited to:
- Natural disasters, labor disputes, utility failures, public health emergencies (e.g., pandemics), terrorism, or war.
- Use in free trial periods or proof-of-concept testing.
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SLA Modifications
DEUNA reserves the right to modify, update, or adjust SLA terms as necessary for operational needs, technological changes, or any other relevant circumstances. Any changes will be notified to the Merchant in advance and will not adversely affect the agreed-upon quality standards unless both parties agree otherwise.
Updated 20 days ago