Availability, maintenance, support and service credits.

1. Scope of application

These terms apply to paid contracts for STRYK. No availability commitments and no service credits apply to trial and demo access or to preview and beta functions. Deviating values apply only if expressly agreed in the offer.

2. Availability commitment

Nextpulse commits to an availability of the production environment of 99.5% per calendar month. Covered are the STRYK web application, the Booking Engine with its public booking pages, and STRYK’s public programming interfaces.

A covered service is unavailable if it cannot be reached over the internet from outside the data centre or does not return an error-free response to a proper request. Unavailability begins at the earlier of the two points in time at which Nextpulse establishes it or the customer reports it under clause 9, and ends with restoration of the service. The basis is Nextpulse’s operating and incident records; the customer may submit its own records. Individual functions that do not belong to the core benefit of the affected service do not constitute unavailability of that service.

Availability in percent is calculated from the minutes of the calendar month, less the excluded times and less the minutes of unavailability, divided by the minutes of the calendar month less the excluded times. Nextpulse notifies the customer of material disruptions and planned maintenance by e-mail to the contact address stored by the customer, or by a notice in the product, and on request informs the customer of the availability determined for a calendar month.

3. Excluded times

• planned maintenance announced under clause 4, to the extent of no more than four hours per calendar month;
• emergency maintenance to avert an immediate threat to the security or integrity of the platform or of customer data;
• disruptions to internet connections outside Nextpulse’s area of responsibility, and to the customer’s end devices, browsers, networks or systems;
• outages or changes at third-party providers within the meaning of the B2B SaaS Terms, in particular payment service providers, booking platforms, cash register, locking or reporting systems;
• force majeure within the meaning of the B2B SaaS Terms;
• misconfiguration, overload or impermissible use caused by the customer or its users, as well as blocks under the B2B SaaS Terms.

4. Maintenance and updates

Nextpulse announces planned maintenance that may result in unavailability at least 48 hours in advance by the route stated in clause 2 and, where possible, carries it out between 01:00 and 05:00 (Europe/Vienna). Planned maintenance exceeding four hours per calendar month is counted as unavailability.

Emergency maintenance may be carried out without advance notice. Nextpulse informs the customer without delay and limits its duration to what is necessary.

Nextpulse rolls out updates centrally. There is no entitlement to retain a particular version, provided the agreed scope of services is maintained.

5. Support, business hours and priorities

Support is provided through the support channels available in the product and by e-mail. Business hours are Monday to Friday, 09:00 to 17:00 (Europe/Vienna), excluding public holidays in Salzburg. Critical disruptions may be reported at any time; their handling outside business hours takes place without a response commitment, unless on-call duty is expressly agreed.

Response times are targets for the first qualified reply within business hours and are not resolution deadlines. Nextpulse classifies reports according to their actual impact.

• Critical: use of a covered service is not possible for the entire operation, or data security is acutely at risk – response target two business hours.
• High: an essential business process is significantly restricted and no reasonable workaround is available – response target four business hours.
• Normal: an individual function is impaired, a workaround is available, or there is an operating question – response target one business day.
• Request: advice, configuration or a feature request – response target three business days.

6. Service credits

If availability in a calendar month falls below the commitment, the customer receives, upon request, a credit against the net monthly fee for the base fee and for rooms or units for the affected month. Revenue-dependent fees, the platform fee and third-party fees are disregarded.

• Availability below 99.5%: credit of 5%.
• Availability below 99.0%: credit of 10%.
• Availability below 98.0%: credit of 15%.
• Availability below 95.0%: credit of 25%.

7. Application, set-off and further rights

The application must be made in text form within 30 days after the end of the affected calendar month. The credit is set off against the next invoice; payment is made only upon termination of the contract. The credits for one calendar month amount to no more than 25% of the net monthly fee under clause 6.

Service credits are a lump-sum compensation for falling short of the availability commitment. They do not exclude further claims for reduction or damages under the B2B SaaS Terms, but are credited against them.

If availability is below 95.0% in two consecutive calendar months, or in three calendar months within six months, the customer may terminate the contract for good cause.

8. Data backup and recovery

Production data is regularly backed up in encrypted form at a location separate from production operations. Following an outage, Nextpulse restores availability without undue delay. Fixed maximum data-loss or recovery periods apply only where expressly agreed.

9. Reporting of disruptions

The customer reports disruptions stating the time, the affected operation, the impact, reproducible steps and any error messages available. To restore operation, Nextpulse may first deploy workarounds.