Blink Service Level Agreement

BLINK SERVICE LEVEL AGREEMENT

Terms used but not defined herein shall have the meaning set out in the Customer’s Blink T&Cs.  For the purposes of this appendix, the following terms shall have the meanings set forth below:

“Business Day” means any Monday-Friday, including public holidays, other than those agreed in writing in advance by both parties. It is agreed that public holidays do not include Christmas Day and Boxing Day.

“Business Hours” means the period from Monday to Friday, between 08:00 and 23:00 GMT. 

“Downtime” has the meaning given to it in paragraph 4 below.  

“Error Rate” means the sum of server-side errors (5xx) across all valid requests, measured per minute over a rolling 30-day period, divided by the total number of valid requests during the same period.

“Excluded Downtime” has the meaning given to it in paragraph 5 below.  

“Issue” means any issue or form of occurrence which has an impact on the Services. 

“Month” has the meaning given to it in paragraph 1 below.  

“Monthly Availability” has the meaning given to it in paragraph 2 below.

“Response Time” means the period within which Blink must acknowledge an Issue, either reported by Customer or an Authorised User, or identified through Blink’s monitoring systems or notifications from other users of the Services. For the purposes of this SLA, Responses do not include automated communications. 

“Resolution Time” means the period within which Blink must permanently resolve the Issue or provide a workaround to ensure that it no longer impacts the Services. 

1. Service Level Commitment. Blink will use commercially reasonable efforts to make the Blink Apps and services for the Blink Apps (including as set out in the Service Description and any additional features, add-ons, or products/services developed in accordance with a Statement of Work) available at least 99.9% of the time over the course of each calendar month during the Term (each a “Month”), except for Excluded Downtime as provided below.

2. Monthly Availability. “Monthly Availability” will be calculated as follows: (Total number of minutes in the Month – Total number of minutes of Downtime in that Month) / (Total number of minutes in the Month – Total number of minutes of Excluded Downtime in that Month) x 100.

3. Service Credits. If the Monthly Availability for any Month drops below the Service Level Commitment above, Customer shall be automatically issued service credits (at the time of the next Subscription Fee invoice) representing the applicable % of the Subscription Fees for that Month (calculated on a pro rata basis based on the annual Subscription Fees). The service credit due shall be in accordance with figures in the table below. For the avoidance of doubt, Customer is only eligible for service credits once for a particular instance of Downtime.

4. Downtime is, for a Customer, a period of time during which the user interface for one or more of the Blink Apps used by Customer is unavailable or non-functional and has more than a 5% Error Rate. Downtime is measured based on server-side error rate.

5. Excluded Downtime. Is all Downtime caused by:

5.1 Scheduled Downtime provided that:

5.1.1 Blink provides Customer at least seven (7) days’ prior written notice.

5.1.2 Each maintenance window does not exceed four (4) hours duration; and

5.1.3 Maintenance occurs outside 08:00 to 23:00 Monday to Friday in the relevant region where the Authorised User is accessing the Services, unless mutually agreed upon Downtime to perform routine, non-emergency, or emergency maintenance.

For the avoidance of doubt, any Scheduled Downtime that exceeds the above limits shall be included in Downtime calculations. 

5.2 Downtime on non-production systems (e.g. development or testing environments) is excluded, provided that it does not impact scheduled critical integrations.Downtime on non-production systems (e.g. development or testing environments) is excluded, provided that it does not impact scheduled critical integrations.

5.3 Factors outside of Blink’s reasonable control (force majeure event) including for example, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Blink’s workforce), local network availability issues for Customer devices, Internet service provider or power failures or delays. In such cases, Blink must take reasonable steps to mitigate the impact of such events and provide prompt notification and regular updates to Customer during such events.

5.4 Customer’s or Authorised User’s Internet access or related problems. 

5.5. Customer’s or any Authorised User’s equipment, software, or technology or by third-party equipment, software or technology (excluding third party equipment under Blink’s direct control). 

5.6 Action’s or Inactions of Customer, Authorised Users, or any third party only if Blink has clearly communicated relevant obligations or restrictions to the Authorised User, Customer and/or third party as applicable through the Acceptable Use Policy, other documentation or direct written instructions (unless it should be reasonably foreseeable to the Customer and/or Authorised User and/or third party that an action or inaction may cause Downtime).

6. Support.

6.1 Customer or Authorised Users may log Issues or queries 24/7 using Blink’s online customer support portal. In the event the customer support portal is unavailable, Customer or Authorised User may log an Issue or query via email (support@joinblink.com) or phone (number to be provided to Customer’s designated Lead Contact for their use only). Response to queries as well as Issues identified by Blink or other customers will depend on the assigned Priority as follows: 

7. Escalation Process

7.1 Notwithstanding any service credits that may be or become due, if a P1 Issue is not resolved or is reasonably likely to remain unresolved within the agreed response and resolution times stated above, Blink shall:

7.1.1 Escalate the Issue to Customer’s designated Lead Contact via email, providing

(a) a detailed explanation of the Issue (if possible); 

(b) the cause of the delay (if known); and 

(c) a revised resolution timeline.

7.1.2 If the Issue remains unresolved, or is reasonably likely to remain unresolved, for an additional four (4) Business Hours for a then Blink shall:

(a) provide Customer with a comprehensive written action plan outlining the steps being taken to resolve the issue, and

(b) commit to providing daily email updates to Customer regarding process until Issue is fully resolved.

7.1.3 If paragraph 7.1.2 applies, the Issue will also be escalated to Blink’s Global Head of Support who will oversee the action plan and further updates and be available for a call with the Customer if reasonably requested.

7.1.4 If paragraph 7.1.2 applies, Blink shall supply Customer with a Root Cause Analysis Report within ten (10) Business Days.

8. Reporting

8.1 SLA Report. Blink shall issue a report to the Customer on a monthly basis detailing the Availability metrics (containing a breakdown of the overall Availability for the previous month, Downtime details, Excluded Downtime details), and performance against the support levels specified in paragraph 6.1 (Support). The report shall be delivered to the Customer no later than the tenth (10^th) Business Day of the following month. In relation to service levels where Blink uses or has access to data and/or metrics captured by any third-party tool (e.g. via real-time API gateways), such data and/or metrics shall be made available to Customer as part of the report.

9. Termination

9.1 Termination Events. Without prejudice to any other provision of this Agreement, if there is less than 96% of Availability in three (3) consecutive months or any six (6) months over a twelve (12) month period it shall constitute a material beach for purposes of clause 15.1(b) in the Agreement.

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