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v. 14

Service Level Agreement

Bynder has updated its Service Level Agreement (“SLA”). If you are a Customer that signed an Agreement with Bynder after 9 November 2021, this Service Level Agreement v.14 applies. For the previous version of Bynder’s Service Level Agreement, please click here. In the event this document is translated into any other language, the English version shall be authoritative. Bynder encourages Customer to review the online SLA periodically.

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This Service Level Agreement (“SLA”) supplements and forms an integral part of the Agreement between Customer and the applicable Bynder contracting entity (“Bynder”). This SLA reflects the Parties’ agreement with regard to the uptime and support efforts for the Product(s) purchased from and managed by Bynder, as described in the applicable Agreement. Any capitalized terms used in this SLA without definition shall have the meanings given to them in the Agreement.

  1. Uptime

    Bynder guarantees 99.9% uptime each calendar month, 24 hours a day, 7 days a week (“Service Hours”). Uptime is measured based on the monthly average of availability rounded down to the nearest minute.

    Uptime is calculated as follows:

  1. Downtime

    Downtime is the period of time during which the Product is unavailable to Customer. The Product is unavailable when it is offline or not operational.
    Downtime includes urgent maintenance for which less than 24 hours’ notice was provided to affected Customers and excludes Scheduled Maintenance, as defined in Section 3 of this SLA.

  1. Scheduled Maintenance

    Bynder will be required from time to time to perform maintenance to keep providing the Product(s) (“Scheduled Maintenance”) and will use commercially reasonable efforts to:

  1. Additional Subscription Days

    Should uptime fall below 99.9% in any calendar month, Bynder will pay liquidated damages in the form of additional subscription days ("Additional Subscription Days"), which are calculated as follows:

    To apply for Additional Subscription Days under this SLA, Customer must submit a written request to [email protected] within 30 calendar days of the end of the applicable month with the subject line “SLA Additional Subscription Days”. The request must include the dates and times of the Downtime for which Additional Subscription Days are being requested.
    Additional Subscription Days are the sole and exclusive remedy for Bynder’s failure to meet the uptime. Each month, Additional Subscription Days are capped at the total number of days in the applicable month. Customer cannot claim any Additional Subscription Days if there are outstanding invoices and all Additional Subscription Days expire upon termination or expiration of the Agreement. Additional Subscription Days may be applicable only for the Plus, Enterprise, and Premier Support Packages.

  1. Response Time and Resolution

    In the event that Customer experiences an issue and notifies Bynder (”Issue”), Bynder will undertake commercially reasonable efforts to address the Issue. Neither Bynder nor its agents make any specific promises about time frames to address Issues.

    The following response and target resolution times apply:

    For Standard Support Package (Basic, Bronze, Starter) Customers, Bynder will use commercially reasonable efforts to resolve each significant failure by providing either a reasonable workaround or a solution for how Bynder will address the failure. If your Agreement does not define a specific support package, the Standard Support Package will be applicable.

  1. Help Desk

    If Customer’s question is not resolved via the help portal on the Bynder website (“Knowledge Base”), Bynder Support can be contacted by email via [email protected] and our partner call centre by telephone (English only).

  1. Backups

    Bynder makes full backups of all Customer Data stored in databases on a daily basis. Files are stored across multiple availability zones within one or more regions, where Bynder relies on the guaranteed durability of 99.999999999% for file storage provided by AWS.

    In the (unlikely) event of damage or outage at Bynder’s data hosting locations, Bynder will restore Customer Data from the most recent backup. This will be treated as an A-Priority Issue. At Customer’s request, a backup or a part of a backup can be restored for a fee charged on a time and material basis in accordance with the rates for Professional Services.

  1. Software Improvements

    Bynder will make new versions, releases, and updates to the Product available to: (i) solve defects and/or errors, (ii) keep the Product up to date with market developments, or (iii) otherwise improve the Product. Bynder will only support the most recent version of the Product.

  1. Exclusions

    Bynder’s failure to attain to the uptime and support efforts set out in this SLA will not be considered as a breach of this SLA, if such failure is caused, directly or indirectly, by:

  1. Updates to the SLA

    Bynder may revise this SLA from time to time. The most current version will be available at https://www.bynder.com/en/legal/service-level-agreement-v14. If the revision, in Bynder’s sole discretion, is material, Bynder will notify Customer of such change. If Customer does not wish to be bound by such revision, Customer must notify Bynder at [email protected] within 30 calendar days of receiving the updated SLA of Customer’s objection and Customer will remain subject to the prior SLA until termination or expiration of any applicable Term, as defined in the Agreement.

Updated: 9 November 2021.