Service Level Agreement (SLA)

Last Updated: 16/12/2024

This Service Level Agreement (“SLA”) sets forth the terms and conditions under which Nexwinds Solutions Lda (“Service Provider,” “we,” “our,” or “us”) will provide services to the client (“Client” or “you”). This SLA outlines our commitments to service availability, support response times, and performance metrics, ensuring a clear understanding of the level of service the Client can expect from Nexwinds Solutions Lda.

By utilizing our services, the Client agrees to the terms outlined in this SLA. This document should be read in conjunction with the Terms of Service and any other agreements between the parties.

1. Scope of Services

Nexwinds Solutions Lda will provide the following services under this SLA:

Website and eCommerce Development
Marketing Services (SEO, Google Ads, Social Media Management)
Custom Software Development
IT and Network Services

The specific details and scope of each service will be outlined in individual project agreements or contracts, but the general service level commitments described here apply to all engagements.

2. Service Availability

Nexwinds Solutions Lda commits to providing the following service availability metrics:

Uptime Guarantee: We guarantee an uptime of 99.9% for all hosted services, including websites and online platforms. This excludes any scheduled maintenance or downtime caused by third-party providers (e.g., cloud hosting services).
- Exclusions: This uptime guarantee does not apply to issues caused by circumstances beyond our control, such as:
  - Force majeure events (natural disasters, power outages, etc.)
  - Third-party service disruptions (e.g., hosting provider failures)
  - Client-caused issues (e.g., server misconfigurations)
Scheduled Maintenance: We will provide at least 48 hours’ notice for any scheduled maintenance that may affect the availability of the services. Maintenance will generally be performed during off-peak hours (e.g., evenings or weekends).

3. Support Response Times

Nexwinds Solutions Lda will provide technical and customer support for the services we deliver. Support requests are categorized based on urgency, and the following response times apply:

Critical Issues (Service outages or critical functionality disruptions):
- Response Time: 1 hour
- Resolution Target: Within 4 hours
- Examples: Website downtime, system crashes, or major service disruptions affecting business operations.
High Priority Issues (Severe degradation of service or functionality but not causing complete service failure):
- Response Time: 4 hours
- Resolution Target: Within 1 business day
- Examples: Partial website outages, payment gateway issues, slow system performance affecting user experience.
Medium Priority Issues (Non-urgent issues that may affect performance but do not severely impact operations):
- Response Time: 1 business day
- Resolution Target: Within 2 business days
- Examples: Minor functionality issues, non-critical bug fixes, enhancements.
Low Priority Issues (Non-urgent requests or minor inquiries):
- Response Time: 2 business days
- Resolution Target: Within 5 business days
- Examples: General inquiries, feature requests, minor non-critical bugs.

Support requests can be submitted via email at [email protected] or through the designated client support portal.

4. Service Performance Metrics

Nexwinds Solutions Lda commits to the following performance standards:

Website Load Time: We aim to maintain a website load time of under 3 seconds for most pages under normal conditions. Performance may vary based on the complexity of the website, hosting environment, and third-party integrations.
Resolution of Critical Issues: For issues classified as critical, we strive to resolve them within 4 hours of the initial support request. This includes actions to restore service or mitigate the impact.
Bug Fixes: Non-critical bugs will be fixed within 5 business days of reporting, unless otherwise agreed upon.

5. Escalation Procedures

If the Client is dissatisfied with the resolution of an issue, they can escalate the matter to higher levels of management. The escalation process is as follows:

Step 1: Contact the Support Team via email at [email protected] with full details of the issue and previous communications.
Step 2: If the issue remains unresolved, the Client may escalate to the Service Manager by requesting a direct escalation via email.
Step 3: If the issue is still unresolved after escalation, the Client may request an executive review by a member of the Nexwinds Solutions Lda leadership team.

6. Client Responsibilities

For this SLA to be effective, the Client agrees to:

Provide Access: The Client must provide all necessary access to systems, servers, or third-party services required for troubleshooting and issue resolution.
Timely Communication: The Client should provide clear, timely, and accurate information regarding the issue or request.
Cooperation: The Client should cooperate in testing, validating, or confirming fixes as needed to resolve issues efficiently.

7. Penalty for Service Level Failures

If Nexwinds Solutions Lda fails to meet the agreed-upon service levels for uptime or response times, the following penalties may apply:

Uptime Failure: If the guaranteed uptime of 99.9% is not met, Nexwinds Solutions Lda will provide a service credit equal to 5% of the monthly service fee for each 0.1% below the 99.9% uptime guarantee. Service credits will be applied to the Client’s next invoice.
Support Response Failures: If we fail to meet the response times for critical or high-priority issues, the Client will be eligible for a 5% reduction in the monthly service fee for each instance of failure to meet the agreed response time.

These penalties apply only when the failure to meet service levels is not due to factors outside our control (as defined in the Exclusions section).

8. Exclusions

Nexwinds Solutions Lda is not responsible for:

Force Majeure Events: Events beyond our control such as natural disasters, war, terrorism, or strikes.
Client-caused Issues: Problems caused by the Client’s failure to follow system requirements, misuse, or unauthorized modifications.
Third-Party Service Disruptions: Issues caused by third-party services or software providers that we cannot control.

9. Term and Termination

Term: This SLA will be effective from the start date of the Services provided to the Client and will remain in force until terminated as outlined below.
Termination: Either party may terminate the SLA by providing 30 days’ written notice. In the event of termination, any ongoing services will be provided in accordance with the agreed-upon terms until the termination date.

10. Changes to the SLA

Nexwinds Solutions Lda reserves the right to update or modify this SLA at any time. Any changes will be communicated to the Client, and the updated SLA will be posted on our website. Changes will take effect immediately unless otherwise specified.

11. Contact Information

For any questions or to request assistance, please contact us at:

Nexwinds Solutions Lda
Rua Engenheiro João Tallone, n.º 80
4470-516 Maia, Porto, Portugal
Email: [email protected]

By using our services, you acknowledge and agree to the terms outlined in this Service Level Agreement. We are committed to providing you with the highest level of service and support to help your business succeed.