This is an English translation provided for convenience. In the event of any discrepancy, the Romanian version available at www.routena.com/sla shall prevail.
This SLA applies only when it is expressly included in the Offer.
In the absence of an express mention in the Offer, the availability of the Services is governed by section 15 of the General B2B Terms, on the basis of reasonable commercial efforts, without a contractually guaranteed level of availability and without service credits.
1. Definitions
Core Services — the production components of the Routena web platform expressly identified in the Offer as being covered by the SLA. Integrations with third-party providers, mobile applications, beta, test or preview functionalities and optional services are not included, unless the Offer expressly provides otherwise.
Availability — the percentage of Eligible Time, within a Measurement Period, during which the Core Services are accessible and can be substantially used for their main functions.
Measurement Period — the calendar month, unless the Offer provides otherwise.
Eligible Time — the total duration of the Measurement Period, from which the periods excluded under section 5 are deducted.
Downtime — the continuous period during which the Core Services are unavailable or materially unusable for the majority of authorized Users, for reasons attributable to the Provider.
The failure or unavailability of an individual functionality, of a third-party integration or of an individual account does not constitute Downtime if the Core Services remain substantially usable.
2. Applicability and guaranteed level
2.1. The SLA becomes binding only if the Offer expressly identifies:
a) the fact that the SLA is included;
b) the Core Services covered;
c) the guaranteed level of Availability;
d) the mechanism or table of service credits;
e) the maximum cap of the credits for a Measurement Period.
2.2. If the Offer mentions the SLA but does not indicate the guaranteed level of Availability or the credit mechanism, no numerical availability guarantee is deemed to have been granted.
2.3. This SLA does not include guaranteed times for responding to, investigating or remedying incidents. Such obligations apply only if they are expressly provided in the Offer or in a separate support annex.
3. Calculation of Availability
Availability is calculated according to the following formula:
Availability = ((Eligible Time − Downtime) / Eligible Time) × 100
Downtime is calculated in whole minutes, on the basis of the Provider’s records and monitoring tools.
4. Source of measurement
4.1. Availability is determined on the basis of the Provider’s monitoring tools, technical logs and records.
4.2. The Provider will carry out the measurement reasonably and in good faith.
4.3. At the Client’s reasonable request, made in connection with an SLA complaint, the Provider will provide a summary of the relevant measurements and incidents, without being obliged to disclose confidential information, data of other clients or information that could affect the security of the Services.
5. Exclusions
The following do not constitute Downtime and are not taken into account in determining Availability:
a) planned maintenance, announced in advance in accordance with section 6;
b) emergency maintenance reasonably necessary for the security, integrity or stability of the Services;
c) unavailability caused exclusively by third-party providers, public utilities, internet infrastructure or other systems outside the Provider’s reasonable control, to the extent that the unavailability was not caused or aggravated by a breach of the Provider’s obligations;
d) the unavailability of the systems of public authorities or of external integrations, including ANAF/SPV, GPS providers, maps, routing, fuel cards, road tolls or similar services;
e) force majeure and fortuitous events;
f) cyberattacks, denial-of-service attacks or security incidents outside the Provider’s reasonable control, provided that the Provider has implemented appropriate security measures;
g) causes attributable to the Client, including the network, equipment, software, configurations, data, non-compliant use or exceeding the contractual limits;
h) suspension carried out in accordance with the General B2B Terms, including for non-payment, unauthorized use or security risk;
i) beta, experimental, test or preview functionalities;
j) changes, tests, migration or operations requested or authorized by the Client;
k) periods during which the Client prevents or delays the remediation of the incident.
6. Maintenance
6.1. Planned maintenance will be announced through the application or by email, as a rule at least 24 hours in advance, where this is reasonably possible.
6.2. The Provider will try to schedule planned maintenance outside usual usage hours and to limit its duration and impact.
6.3. Emergency maintenance may be carried out without notice when it is necessary to protect the security, integrity or stability of the Services. The Provider will inform the Client within a reasonable time, if the nature of the incident allows it.
7. Service credits
7.1. If the guaranteed level of Availability is not reached within a Measurement Period, the Client may request the service credit provided in the Offer.
7.2. The credit is calculated only on the monthly recurring Fee or the monthly equivalent of the recurring Fee for the affected Core Services.
The credit is not calculated on:
a) the implementation fee;
b) professional services;
c) migration or customization services;
d) consumption-based fees;
e) the costs or services of third-party providers;
f) VAT and other legal taxes.
7.3. The service credits:
a) represent the sole and exclusive remedy for the isolated or ordinary failure to reach the guaranteed level of Availability;
b) do not limit the Client’s rights in the event of a material breach of the Contract that remains unremedied, of wilful misconduct, gross negligence or other situations in which liability cannot be limited under the law;
c) do not exceed the cap provided in the Offer for a Measurement Period;
d) are applied on the next invoice or against other amounts owed to the Provider;
e) are not paid in cash and are not transferable;
f) are not granted if, at the date of the incident or of the request, the Client is in default of payment of material amounts that are due and not disputed in good faith;
g) cannot be cumulated with another compensation for the same damage or the same event.
8. Requesting the credit
8.1. To benefit from a service credit, the Client must send a written request to [email protected] within 30 calendar days of the end of the relevant Measurement Period.
8.2. The request will include, to the extent the information is available to the Client:
a) the date and approximate interval of the incident;
b) the affected Services;
c) a description of the observed unavailability;
d) any screenshots or other relevant information.
8.3. The Provider verifies the request on the basis of its own measurements and communicates the result within a reasonable time.
8.4. Failure to submit the request within the stated period results in the loss of the right to the service credit for that Measurement Period, to the extent permitted by law.
9. Relationship with the other documents
9.1. This SLA supplements the General B2B Terms and the Offer.
9.2. In the event of a discrepancy concerning exclusively the level of Availability, the calculation of Downtime and the service credits, this SLA prevails, only if it is expressly included in the Offer.
9.3. The Offer prevails with regard to the guaranteed level of Availability, the Core Services covered, the value of the credits and their cap.
9.4. This SLA does not modify the obligations regarding data protection, security, confidentiality, data portability or other obligations provided in the General B2B Terms and the DPA.