Service Level Agreement

This Service Level Agreement (“SLA”) forms part of the Software as a Service agreement between Infinitus (Hong Kong) Company Ltd (“CLIENT”) and We Aries Group Limited (“CONTRACTOR”). In the event this document is translated into any other languages, the English version shall be authoritative.

  1. Introduction

This SLA describes the levels of Product availability and support that CLIENT can expect to receive from We Aries Group Limited for the duration of the Project Agreement (“Agreement”).

  1. Definitions

Business Days and Hours

Business Days and Hours from Monday to Friday, 09:00 to 18:00, local time of Hong Kong (UTC+8 hours), not including public holidays.

Product

The system(s) or service(s) offered by We Aries Group Limited described in this SLA.

Downtime

“Downtime” refers to the total duration of the primary services are not operating at a reasonable level for each month. Downtime does not include periods for which the primary services are not operating as a result of scheduled outages or outages which can reasonably be determined as resulting from the CLIENT’s actions. Downtime shall not include:

  1. scheduled Maintenance;
  2. factors outside of We Aries Group Limited’s control, including any Force Majeure Events;
  3. failures, acts or omissions of We Aries Group Limited’s upstream providers;
  4. failures of the internet;
  5. acts or omissions of CLIENT and its Users; and
  6. enforcement of Regulations.

Response Time

The time that between receiving of a request and acknowledging receipt or commencing work on the issue.

Resolution Time

The time that from the Response Time until the request is resolved

Scheduled Maintenance

From time to time upgrades to hardware and/or software may be required, such upgrades will usually be performed outside of business hours, and not more than 4 hours each time under normal condition. Scheduled Maintenance is the scheduled outages, either suspending service in full or in part, which We Aries Group Limited will endeavour to announce at least 5 business days in advance. In any emergency case, We Aries Group Limited will announce no later than 24 hours in advance, which will not exceed a reasonable period of time for the maintenance required and which, where possible, shall take place during Maintenance Hours. Notice of Scheduled Maintenance will be provided to CLIENT’s designated contact point by email

Maintenance Hours

Saturday from 20:00 – 00:00 (UTC+8 hours)

SLA Effective and End Date

the effective and end date of SLA are the same as the Project Agreement which stated in the Agreement

Ticket

an electronic request sent to We Aries Group Limited by CLIENT (e.g. requesting a solution to an incident)

Uptime

as calculated in accordance with this SLA

Force Majeure

Force Majeure means any event of national emergency war civil unrest riots labor strikes prohibitive government regulation Acts of God natural calamities or other causes as may be determined by an independent arbitrator to be beyond the control of We Aries Group Limited

  1. Scope of the Service Level Agreement (SLA)

This SLA applies only to the Product and Professional Services described in this SLA. This SLA does not apply to any software, equipment, services, or other parts of an information technology system that are not purchased from or managed by We Aries Group Limited.

Our guarantee covers the following aspects of your service:

  1. Data Security

We Aries Group Limited uses Amazon Web Services (AWS) and a secure cloud storage provider to provide Product and professional services via a cloud-based infrastructure complied with industry standards as follows:

  • PCI DSS Level 1
  • ISO/IEC 27001:2013
  • GDPR
  • HIPAA
  • SOC 2
  • Data At-rest Encryption (AES-256)
  • Data In-transit Encryption (TLS 1.2)

  1. Cloud Storage

We Aries Group Limited provides Product via a cloud-based storage service that offering the online storage for business files in secure. The data are kept in servers located in Europe and North America with industrial security.

  1. Uptime

We Aries Group Limited guarantees 99.9% Uptime each month, 24 hours a day, 7 days a week (“Agreed Hours of Service”) during the period of this SLA. Uptime is measured based on the monthly average of availability, rounded down to the nearest minute, and calculated as follows:

Uptime % =

Agreed Hours of Service – Hours of Downtime

x 100%

Agreed Hours of Service

  1. Software Support and Maintenance

We Aries Group Limited will make available to CLIENT new versions, releases, and updates to the Product to solve defects and/or errors, keep the Product up-to-date with market developments, or otherwise improve (the operation or functionality of) the Product. These improvements may include but not limited to bug fixes. We Aries Group Limited will only support the most recent version of the Product.

New versions, releases, or updates will contain at least the level of functionality as set out in this SLA and as contained in the version or release of the Product previously used by CLIENT, and will not otherwise negatively impact CLIENT’s use of the Product. We Aries Group Limited shall make reasonable efforts to ensure the impact on CLIENT and its User(s) is limited during such actions.

Urgent bug fixes will be applied immediately on production server when the issue impact the availability and critical features of the Product. We Aries Group Limited will try the best to complete the bug fixes and resume the service as soon as possible within the Resolution Time schedule.

Critical updates on third party components in use by We Aries Group Limited (e.g. CentOS, Python, etc.) are applied every weekend within scheduled maintenance window (UTC+8 hours).

  1. Response Time and Resolution Time

We Aries Group Limited is deemed to have responded when it has replied to CLIENT’s initial request. This will be in the form of ticket, email or telephone call, to acknowledge receipt of CLIENT’s request, provide solution or request further information.

The Response Time and Resolution Time will vary within or outside of Business Days and Hours, as set out in the following schedule:

Request Received Time

Response Time

Resolution Time

Within Business Days and Hours

Within 4 hours

Within two (2) Business Days, exclusive of the Response Time.

Outside of Business Days and Hours

Next Business Day, 0900 to 1300 (UTC+8 hours)

Within two (2) Business Days, exclusive of the Response Time.

  1. Backups

We Aries Group Limited secures backups of all data in the following manners:

  • Three (3) backups of all uploaded files on on-site and off-site backup servers (real-time)
  • Two (2) full backups of the database on on-site and off-site backup servers (update daily, retention of 7 days)
  • Two (2) incremental backups of the database on on-site and off-site backup servers (update hourly, retention of 7 days)

With CLIENT’s request, full backup or a part of backup can be restored within two (2) Business Days with charges on a time and material basis. The extra fee will be provided on a separated quotation on request.

  1. SLA Exclusions

We Aries Group Limited will rectify material issues with the Product, except where:

  • features or services designated as Alpha or Beta (unless otherwise set forth in the associated Documentation);
  • the issue has been caused by CLIENT’s use of the Product in a manner that is contrary to training or any other instruction issued by We Aries Group Limited;
  • the issue has been caused by CLIENT’s unauthorized changes to the configuration or set-up of the Product;
  • CLIENT has prevented We Aries Group Limited from performing maintenance on the Product;
  • the issue has been caused by Third Party product(s);
  • the issue has been caused by User(s), including by adding, deleting or modifying part of the software, or assigning improper rights to Users; or
  • the issue has been caused by factors outside of We Aries Group Limited reasonable control

  1. Responsibilities

  1. We Aries Group Limited responsibilities:

  • ensure the relevant Product and Professional Services are available to CLIENT in accordance with the Uptime guarantee;
  • respond and support requests within the agreed time frame;
  • take steps to escalate, diagnose and resolve issues in an appropriate and timely manner, including allocation of a sufficient number of skilled staff and collection of necessary information; and
  • maintain clear and timely communication with CLIENT at all times.

  1. CLIENT responsibilities:

  • use the Product as intended under the Agreement;
  • notify We Aries Group Limited of issues or problems in a timely manner and as thoroughly as is possible;
  • cooperate with We Aries Group Limited in its efforts to escalate, diagnose, and resolve issues by providing timely and accurate responses to requests for information;
  • allow We Aries Group Limited with access to equipment, software, and services for the purposes of maintenance, updates, and fault prevention; and
  • equip staff with adequate information technology knowledge to fulfil these responsibilities.

  1. Service Credits

Should Uptime fall below 99.9% in any calendar month during the period of this SLA, We Aries Group Limited will pay liquidated damages in the form of Service Credits, which are calculated as follows:

Uptime < 99.0%

Two (2) Service Credits

Uptime ≥ 99.0% and less than 99.9%

One (1) Service Credit

Uptime ≥ 99.9%

No Service Credit

CLIENT shall enjoy the Service Extension of 5-day free Services for each Credit accumulated monthly. The aggregate of Service Credit to CLIENT will not be more than two (2) Service Credits or 10-day free Services per calendar month. All accumulated Service Credits will not be executed until the end of this Agreement.

  1. CLIENT Must Request Service Credit

To apply for a Service Credit under this SLA, CLIENT must submit a request to [email protected], within thirty (30) days from the time that CLIENT becomes eligible to receive a Service Credit with the subject line “SLA Service Credit”. The request must include the dates and times of the Downtime for which Service Credit is being requested, and any additional documentation that demonstrates the claimed Downtime. Service Credits are the exclusive remedy for We Aries Group Limited’s failure to meet the Uptime guarantee and no other or additional types of damages can be claimed. In the event there are no new invoices to be issued, We Aries Group Limited will record and remedy any Service Credits to CLIENT directly at the end of the period of this SLA. Failure to comply with thirty (30) days requirement will forfeit CLIENT’s right to receive a Service Credit.

  1. Maximum Service Credit

The aggregate maximum amount of Service Credits to be issued by We Aries Group Limited to CLIENT in twelve (12) months will not exceed eighteen (18) credits for the applicable period. Service Credits will be applied to use immediately at the end of this Agreement. No other substitution of remedy will be offered by We Aries Group Limited.

  1. Forfeiture of Credits

If and whenever this SLA is terminated before this SLA end date for whatsoever reason, all accumulated Service Credit shall be forfeited automatically and We Aries Group Limited shall have no further obligation to provide free Services for those Service Credits accrued.

  1. Release Policy

We Aries Group Limited releases the Product via Continuous Integration and Continuous Delivery. This means that whenever a new feature or release of Product is ready, it can be deployed to the production servers within scheduled maintenance windows (UTC+8 hours) without further notice.