Last updated: 1 July 2024 

The following Service Level Agreement (SLA), which applies to all Bentley Cloud Offerings, supplements the relevant Bentley commercial program agreement, including the Cloud Offering Terms, and supersedes all prior service level agreements between the parties with respect to any Bentley Cloud Offerings. In the event there is a conflict between this SLA and the relevant Bentley commercial program agreement, this SLA shall prevail. Bentley’s cloud-hosting and cloud services will change over time, and therefore Bentley reserves the right to update and amend this Service Level Agreement. Updated SLAs will become effective: i) for SELECT subscribers and subscribers who have obtained licenses from the Bentley Virtuosity eStore, 30 days following prior notice to Subscriber, or as of the next renewal of the SELECT or Virtuosity subscription (as applicable); ii) for E365 Program subscribers, 30 days following prior notice to Subscriber, or as of the next CSS fund replenishment; and iii) for EPS Program subscribers, at the end of the contract term during which Subscriber has been notified of a SLA update.

Definitions

• Availability Commitment means that Bentley guarantees that users will be able to access and login to the Cloud Offering.
• Available Minutes means the same as Uptime.
• Cover Period means each calendar month during which the Cloud Offering is provided.
• Incident means any occurrence of Unscheduled Downtime experienced by a Subscriber that is not subject to one or more of the limitations set forth below.
• Maintenance Window means a scheduled outage of the Cloud Offering for the sake of planned changes, upgrades and/or repairs.
• Pro Rata Subscription Fee means the monthly amount of the Cloud Offering subscription fees for a given Cover Period.
• Scheduled Maintenance means maintenance that has been planned and for which Subscribers have been provided with advance notice.
• Service Credit is the remedy provided to the Subscriber where Bentley fails to meet the Availability Commitment during any Cover Period (see Table 1 below).
• Services Availability Period means twenty-four hours a day, seven days a week.
• Unscheduled Downtime means any time an authorised user is unable to access the Cloud Offering except for downtime or failures excluded in Limitations.
• Uptime means the time, reflected in minutes, during which the Cloud Offering is accessible. Same as Available Minutes.

Zobowiązanie dotyczące dostępności

Firma Bentley zapewni dostępność systemu zgodnie z Tabelą 1 poniżej.

Tabela 1 — Dostępność

Measurement 

Firma Bentley będzie mierzyć wyniki w stosunku do Zobowiązania dotyczącego dostępności w miesiącu kalendarzowym w oparciu o następujące obliczenia:

Availability % = Available Minutes – Unscheduled Downtime/ Maximum Available Minutes X 100

• Users will be given notice of Maintenance Windows which will be used to apply required updates to the Cloud Offering to ensure the continued security, availability, and performance of the Cloud Offering. Wherever practical, Maintenance Windows will be scheduled outside of Subscriber’s core business hours.
  • Maintenance Windows are published at: https://communities.bentley.com/communities/other_communities/pwhosting/c/32
  • Cloud Offerings maintenance and outages are published at https://status.bentley.com/
• Unscheduled Downtime is calculated:
  • from the minute it is clearly reported by the Subscriber to Bentley by filing a Service Request via the Bentley Support Portal; and
  • to the minute when the affected Cloud Offerings have been restored,
• Protracted delays in Subscriber’s responses to relevant Bentley communications that adversely impact Bentley’s timely resolution of Critical Incidents may result in Bentley subtracting such time from the calculated downtime.
• Only Critical Incidents (Table 3 below) will be considered as Unscheduled Downtime in the above Availability calculation.
• Where Bentley provides multiple production services that are identified by different Universal Resource Locators (URLs), the availability will be calculated for each URL.
• To ensure the compliance with the Availability Commitment, Bentley reserves the right to update the Cloud Offering as needed to provide higher quality of service. Best efforts will be made to communicate the updates, and to conduct the updates outside of business hours. If an update requires the Subscriber to update client software for administration or user access, that information will be provided as soon as practically possible.

Środki zaradcze

Bentley shall provide Subscriber a Service Credit for each documented Critical Incident during any single calendar month (the Cover Period). If the Cloud Offering subscription fee covers multiple Fully Qualified Domain Names (FQDNs), the remedy will be based off a part of the subscription fee proportional to the usage of that FQDN.

Tabela 2 — Środki zaradcze 

Bentley will apply Service Credits against amounts due from Subscriber for Subscription Fees in the next billing cycle. Service Credits will not entitle Subscriber to any refund or payment from Bentley.
Subscriber agrees that the Service Credits set forth herein are Subscriber’s sole and exclusive remedy, and Bentley shall have no further liability for any failure by Bentley to meet the Availability Commitment or Services Availability Period. In no event will the aggregate of other claims, losses, or damages, whether arising from tort (including negligence), breach of contract, or otherwise under or in connection with this SLA exceed a pro rata amount of the Cloud Offering subscription fees for the applicable Cover Period during which the event giving rise to the liability occurs.

Cele wsparcia

Bentley will, in consultation with the Subscriber, be responsible for classifying each reported, verifiable, and reproducible incident per Table 3 and will use commercially reasonable efforts to resolve such incidents in accordance with the targets specified in Table 4.

Tabela 3 — Klasyfikacja priorytetów

Pusty nagłówek

Tabela 4 — Cele dotyczące reagowania na incydenty i rozwiązywania problemów

• Critical Incidents will be forwarded immediately and worked continuously by qualified team members until resolution, or until an acceptable workaround is delivered to reduce the priority.
• The provision of a workaround or temporary fix will reduce the Priority of an incident to reflect the remaining impact to the user. Bentley reserves the right to determine the Priority classification in accordance with the above listed definitions.
• Poziomy docelowe reakcji, rozwiązania i aktualizacji są wskaźnikami i służą jako wzorce dla zespołów wsparcia technicznego firmy Bentley.
• Response Times and Resolution Times commence from the point in time accurate and complete information regarding the incident or interruption is correctly entered in Bentley’s Incident Tracking system. If the resolution of any P2, P3 or P4 issue requires an update, fix or patch to the relevant Bentley commercial software product resulting in a modification of standard COTS or customized code, then additional development, testing and release tasks will be required to ensure the quality of the product release. Bentley’s support obligations in these instances, including response times, shall not be governed by this SLA, but rather the Bentley commercial program agreement that governs Subscriber’s use of the applicable Cloud Offering.
• Business Day for support of P2 though P4 incidents is defined as the standard working days of the geographic region affected by the incident, excepting Public Holidays, in the location where support is provided.

Ograniczenia

Niniejsza umowa SLA oraz wszelkie obowiązujące Poziomy usług nie mają zastosowania do jakichkolwiek kwestii związanych z wydajnością lub dostępnością:

• That result from downtime due to Scheduled Maintenance.
• During or with respect to preview, pre-release, beta or technical preview versions of a Cloud Offering, feature, or software (as determined by Bentley).
• Due to factors outside our reasonable control (for example, force majeure event, government action, or a network or device failure external to our data centres, including at Subscriber’s site or between Subscriber’s site and Bentley’s data centre).
• That result from the use of services, hardware, or software provided by Subscriber, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services.
• Caused by Subscriber’s continued, unmodified use of a Coud Offering after instruction from Bentley to modify use of the Cloud Offering.
• That result from Subscriber’s unauthorized action or lack of action when required, or from Subscriber’s employees, agents, contractors, or vendors, or anyone gaining access to Bentley network by means of Subscriber’s passwords or equipment, or otherwise resulting from Subscriber’s failure to follow appropriate security practices.
• That result from non-adherence to any required configurations, faulty input, instructions, or arguments (for example, requests to access files that do not exist).
• That result from any unauthorized modification, operation, or use of the Cloud Offering by the Subscriber or any third party.
• That result from non-compliance with applicable documentation, or any agreed specifications.

Zakończenie świadczenia usługi i dane Subskrybenta

Upon termination or expiration of the relevant Subscription, Bentley will deactivate any remaining Subscriber accounts. Upon written request within fourteen (14) days after expiration or termination, Bentley will provide an export of Subscriber’s data in a standard, generally accepted electronic form within thirty (30) days and places no restrictions on its use by the Subscriber.
Unless otherwise requested, Bentley will delete all copies of Subscriber’s data from its servers within two (2) weeks of being notified that the Subscriber has successfully read the files, or within four (4) weeks of the data being provided if no confirmation or associated Service Request is received.

Note: it may take up to an additional thirty (30) days for back-ups of that data to expire.

ProjectWise Hosting Services Operations

The operational standards that are included when Bentley hosts ProjectWise Design Integration Server on behalf of any account are documented here