Service Level Agreement (SLA) for Wonderwave’s Subscription Plan Services
This Service Level Agreement («Agreement») is established between Wonderwave AS, the Talent, and the Client for the delivery of Design and Development services as part of Wonderwave’s subscription plan offerings. The Talent is engaged to provide these services to the Client under the terms and conditions set forth in this Agreement.
1. Service Description
The Talent agrees to provide full-time service to the Client for eight (8) hours a day, five (5) days a week, Monday to Friday, excluding holidays. The Talent will work in the time zone of the Client to ensure effective collaboration and communication.
2. Response Time
The Talent will address the Client’s requests according to the severity level of the issue, as detailed in the corresponding table. The Client bears responsibility for correctly identifying each request’s severity level within Wonderwave’s project management system. The response time for each request commences once the task has been logged into the system.
|Severity Level||Description||Response Time|
|Critical||A major issue affecting the functionality or performance of the project, causing downtime||Within 30 minutes|
|High||An issue causing significant impact on the project but not causing immediate downtime||Within 1 hour|
|Medium||An issue causing moderate impact on the project, which may be worked around without major disruptions||Within 4 hours|
|Low||A minor issue or request that does not impact the functionality or performance of the project||Within 8 hours|
The mentioned response times apply during the working hours from Monday to Friday, 08:00 – 16:00. If the request is made outside of working hours, on weekends, or on holidays, the Talent will respond within the designated response time of the next working day, and different rates will apply.
3. Resolution Time
The Talent commits to resolving any issues within eight (8) hours of receiving the request during working hours. If the Talent determines that resolving the issue will take more than eight (8) hours, or if the resolution time is affected by a third-party, the Talent will inform the Client of the estimated timeframe for resolution, taking into account the working hours. In such cases, the Client agrees to wait until the Talent has completed the necessary steps or receives a response from the third-party within the working hours before further action is taken.
4. Quality Assurance
The Talent is responsible for ensuring the quality of work delivered to the Client. This includes conducting proper testing of all deliverables before submission. The Talent shall adhere to industry best practices and standards to ensure that the final deliverables are free from defects, errors, or performance issues. In the event that any issues are identified after the delivery, the Talent agrees to promptly address and rectify them in accordance with the terms outlined in the Resolution Time section of this Agreement.
5. Holidays and Weekend Support
Support during holidays, weekends, or outside of working hours will be charged at an additional hourly rate. The Client will be informed of the rate before any support is provided. The Client can decide whether to proceed with the additional support or not. The rates are outlined in the table below.
|Support Category||Timeframe||Hourly Rate (NOK)|
|Standard Working Hours||Weekdays, 08:00 – 16:00||Subscription Plan|
|Weekday After Hours||Weekdays, 16:00 – 08:00 (next day)||1950|
|Weekend Support||Saturday and Sunday, all day||2600|
|Public Holidays||24 hours during public holidays||3250|
6. Client Obligations
The Client must supply Wonderwave with comprehensive and detailed information related to the task, ensuring that all necessary assistance and data is provided for the successful completion of the service. This enables Wonderwave to adhere to the established performance standards. Additionally, the Client is responsible for granting access to any essential software or systems that the Talent may require to fulfill their duties.
The Talent will maintain regular communication with the Client through Wonderwave’s project management system to provide updates on the progress of their work. The Client will be informed of any delays or issues that may affect the delivery of the service, and both parties will work together to address these challenges.
The Talent and Wonderwave agree to keep all information provided by the Client confidential and will not disclose it to any third-party without the Client’s consent, except as required by law or to fulfill their obligations under this Agreement.
Either party retains the right to terminate this Agreement by delivering a thirty (30) days’ written notice to the other party, without jeopardizing any rights that may have accrued before the termination. Termination notices must be sent via email to email@example.com. In the event of termination, Wonderwave will ensure the delivery of all necessary assets and materials so that the subsequent team can seamlessly assume responsibility and continue the project without any issues.
10. Limitation of Liability
Wonderwave and the Talent shall not be liable to the Client for any damages arising out of or in connection with the provision of services under this Agreement. The total liability of Wonderwave and the Talent shall be limited to the fees paid by the Client for the services provided.
11. Intellectual Property Rights
All intellectual property rights related to the services provided by the Talent shall remain with Wonderwave, including but not limited to, copyrights, trademarks, and trade secrets.
The Client agrees to indemnify, defend, and hold Wonderwave and the Talent harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or in connection with the Client’s use of the services provided by the Talent.
13. Force Majeure
Wonderwave and the Talent shall not be liable for any failure or delay in performance under this Agreement due to causes beyond their reasonable control, including but not limited to, acts of God, acts of government, acts of terror, natural disasters, or internet service disruptions.
14. Service Level Credit
|Severity Level||Description||Response Time||Penalty Credit per Hour of Delay|
|Critical||A major issue affecting the functionality or performance of the project, causing downtime||Within 30 minutes||1 hour of service|
|High||An issue causing significant impact on the project but not causing immediate downtime||Within 1 hour||1 hour of service|
|Medium||An issue causing moderate impact on the project, which may be worked around without major disruptions||Within 4 hours||1 hour of service|
|Low||A minor issue or request that does not impact the functionality or performance of the project||Within 8 hours||1 hour of service|
Service Level Credit Terms:
- If the Talent fails to meet the Response Time requirements specified in the table above, a penalty credit will be applied.
- For every hour of delay, the Client will receive a credit equal to one hour of service.
- The maximum credit that can be earned is equal to one week of service.
- The penalty credit can be applied towards future invoices or used to extend the subscription period.
- The Client must notify Wonderwave within 30 days of the missed Response Time or Resolution Time to be eligible for the penalty credit. Customer’s failure to provide the request within the Timeframe will disqualify Customer from receiving a Credit.
15. Governing Law
This Agreement shall be subject to, interpreted, and enforced in accordance with the laws and regulations of Norway. Both parties agree to abide by the legal framework and principles of the Norwegian jurisdiction when resolving any disputes or matters arising from or related to the terms and conditions set forth in this Agreement.
16. Entire Agreement
This Agreement constitutes the entire agreement between Wonderwave, the Talent, and the Client and supersedes all prior understandings and agreements, whether oral or written, relating to the subject matter of this Agreement.
This Agreement can only be altered or updated through a written document that is mutually agreed upon and signed by both parties involved. Any amendments or modifications to the terms and conditions outlined in this Agreement must be explicitly documented, ensuring that both parties have a clear understanding and consent to the changes being made.
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
Any notices required to be given under this Agreement shall be in writing and shall be delivered by hand, by mail, or by email to the address or email address provided by the parties.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
22. Changes to this SLA
Wonderwave may modify this Service Level Agreement at any time, provided that if Wonderwave makes any changes that materially adversely decrease the level of service, then it shall notify Customer by posting an announcement on the Sites, via the Service and/or by sending Customer an email.