Annex 1 (Service Level Agreement)

During the term of the contract for the “YourHub” service, the Contractor shall make the said service available to the Client for a monthly uptime percentage of at least 98%.

(1) If the Contractor fails to fulfill this obligation of availability, the Client shall be entitled to receive a credit note as described below. The credit notes shall be calculated as a percentage of the total remuneration paid by the Client for the billing month in which the disruption occurred:

• 97% (Availability) will result in 10% (Crediting of the monthly remuneration)
• 95% (Availability) will result in 25% (Crediting of the monthly remuneration)
• Less than 95% (Availability) will result in 100% (Crediting of the monthly remuneration)

(2) The Contractor shall offset credit notes against future payments by the Client. The Contractor may disburse the credit note at its reasonable discretion. Credit notes do not entitle the Client to refunds or other payments from the Contractor.

(3) Credit notes cannot be transferred or credited to another account. Unless otherwise stipulated in the contract, receipt of the credit note is the sole remedy in the event of unavailability of YourHub.

(1) The assertion of credit notes is excluded if they are not made to the Contractor in text form within three months of the due date. If the Contractor rejects the claim or fails to make a declaration within three weeks of the claim being made, the credit note shall also expire if no legal action is taken. This shall be subject to a one-month period after rejection or expiry of the deadline.

(2) Credit notes are also excluded in the event of disruptions to YourHub,

1. caused by factors beyond the control of the Contractor, including force majeure;
2. which are due to acts or omissions of the Client;
3. arising from the Client's equipment or software (I.e. unavailability or malfunctioning of platforms used or provided by the Client); or
4. resulting from non-compliance with the contract.

In such cases, the Contractor may, at its reasonable discretion, issue a credit note taking these factors into account.