S E R V I C E L E V E L A G R E E M E N T. LuitBiz. SaaS Business Software

Transcription

1 uitbiz uit nfotech Private imited el: mail: Website: umber: U P P o: 9512F o:

2 ntroduction uitbiz Service evel greement (S) - SaaS Software Services his purpose of this document is to define the service level metrics that uit nfotech will deliver while providing uitbiz SaaS Software Services. his document will also define what commercial compensation that will be provided if uit nfotech does not deliver according to the stated metrics. his Service evel greement (S) forms part of the agreement between the customer and uit nfotech and is effective as of ay 17, 2012, and applicable to all active uitbiz SaaS Software Services. Definitions (i) S: Service evel greement between uit nfotech and the customer. {ii) SaaS Software: SaaS software is defined as software applications hosted by uit nfotech where the ustomer does not take ownership of the software. he ustomer only purchases access to the application via the nternet. he Service evel greement is intended to assure the ustomer that uit nfotech will provide an acceptable level of availability and performance of the SaaS application. (iii) Downtime: he period of downtime within the agreed vailability has not been met with a deduction for the time of Permitted Downtime. Downtime is calculated from the moment in time the failure in vailability is reported to Help Desk of uitbiz until the service becomes available. (iv) Permitted Downtime: a) Planned service and maintenance about which the customer has been informed in advance, or b) Other downtime at the request of the customer or with the customer's approval. he number of occasions of Permitted downtime as referred to in a) above shall not exceed one per month, except where otherwise agreed. (v) vailability: vailability of a Service means that the Service is available at the measuring point. vailability is calculated using the following formula: vailability (%) = ((S - PD - D)x 100) / (S - PD) S = greed Hours of Service PD = Permitted Downtime D = Downtime (his will not include downtime according to definition (vi) below)

3 uitbiz Service evel greement (S) - SaaS Software Services (vi) Downtime for which the uit nfotech is not responsible: uit nfotech is not responsible for downtime or any other failure to satisfy the agreed service level if he can show that it was caused by any of the following circumstances and provided that the said circumstance was not directly attributable to uit nfotech. a) Faults in the ustomer's software b) ircumstances outside the uit nfotech's area of responsibility for the Service, such as a failure of communications or other products or services from third parties for which uit nfotech has not specifically taken responsibility. c) ny other circumstances for which the customer has responsibility under the terms of the agreement. d) irus or other attack on security, despite uit nfotech having taken professional security measures, or any circumstance referred to as force majeure or corresponding limitations of liability in the agreement, or limitation in the customer's access to the Service. e) nterruption from nternet provider. (vii) eporting of downtime: a) Downtime is only reported after it has been registered in uitbiz Help Desk. b) he customer has responsibility for ensuring that the fault is reported using the agreed channels. he report shall include a relevant description of the fault and contact details for the users affected. (viii) easurement: a) uit nfotech has responsibility for implementing tools capable of measuring the agreed service levels. b) he measuring point for service level vailability is the onnection Point. c) he onnection Point is web address were the ustomer connect to uitbiz. Service Definitions uit nfotech and its partners will assume responsibility for the services listed below to the ustomer in support of this agreement provided by uit nfotech.

4 uitbiz Service evel greement (S) - SaaS Software Services Service Hosting Services pplication dministration Services Software aintenance and Upgrade Services pplication ecovery Services Data Storage and etention Support anagement Server and etwork nfrastructure uit nfotech is responsible for providing adequate server infrastructure so it meet good performance. he ustomer is responsible for providing adequate internal network infrastructure so as to not affect uit nfotechís ability to meet good performance. he ustomer is responsible for the support, maintenance, and monitoring of the ustomerís dedicated and or W. uit nfotech bears no responsibility for performance and availability problems on networks within the ustomerís control. Service Definition uit nfotech assumes all responsibility for the computing environment supporting the hosted applications. pplications provided under this agreement will be the responsibility of uit nfotech. uit nfotech will own and manage the application, related databases, supporting computing hardware, and necessary operating systems. uit nfotech will provide complete software maintenance and upgrade services to the ustomer. uit nfotech will provide the following ecovery Services: ï Hosting nfrastructure and environment recovery processes. ï pplication recovery processes. uit nfotech will ensure ustomer data is stored and retained in accordance with ustomerís ecord etention policies. he ustomer will assign Support ontacts for uitbiz. he Support contact will report issues to uitbiz Support Portal. uit nfotech will provide the support for uitbiz.

5 uitbiz Service evel greement (S) - SaaS Software Services Price reduction in event of failure to reach agreed level of service f vailability is below the agreed level of vailability for the Service, the ustomer is entitled to a price reduction of the percentage of the monthly access fee. he price reduction will be for the specific month. greed level of Service 95.1% % 5 Below 95% 10 Price reduction in % of monthly ccess Fee o avoid losing the right to a price reduction the ustomer shall submit a claim for a price reduction by no later than the end of the calendar month following the month in which the request is sent. customer is not entitled to receive a service credit in the following cases: f any downtime was caused by customer initiated actions whether implemented by customer or by uit nfotech f any downtime was caused by an operating system or application mal-functioning or misuse by the customer and not a failure on the underlying network and physical host infrastructure directly and solely managed by uit nfotech's hosting partner unacloud f any downtime was due to Scheduled aintenance and within the defined aintenance Window announced f any downtime was due to a Force ajeure event f the customer had his account suspended for any day of the month under analysis caused by nonpayment of the usage fees Downtime due to the acts or omissions of the customer, its employees, agents, third party contractors or vendors ny event or condition not wholly within the control of uit nfotech and violations of its cceptable Use Policy. Force ajeure ither party shall be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party; provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause of such delay or failure.