SERVICE TERMS & CONDITIONS FOR EHS TRACKER CLOUD SERVICE
1.0 Service Level Agreement
This Service Level Agreement will apply to all hosted services provided by EL LICENCIANTE Software Colombia SAS (EL LICENCIANTE) cloud applications under a Software as a Service model. THE LICENSOR agrees to provide a network of high availability and security to support users of the service. This Service Level agreement includes certain rights and resources in the event that the user experiences service interruption as a consequence of insufficiency of THE LICENSOR’s infrastructure or breakdowns. Here are the terms and conditions covered under this agreement.
2.0 Glossary of Terms
2.1 Availability: When the USER has an active and enabled account, he has reasonable access to the contracted service, not counting the exclusions in downtime defined below.
2.2 Maintenance Time: The period of time during which the service may not be available for THE LICENSOR to perform routine maintenance.
2.3 Time Out Of Service: The total number of minutes / hours that the user cannot access the service. This calculation excludes the time that the user cannot access the hosted services for any of the following reasons:
to. Maintenance time
b. Force Majeure or Act of God
c. Any systemic internet failure
d. Any failure in the user’s own hardware, software or network connection
and. User bandwidth restrictions
F. The acts or omissions of the user
g. Anything outside the direct control of THE LICENSOR
2.4 Cloud OF THE LICENSOR: The internal network of THE LICENSOR from where the service is provided.
2.5 Problem Response Time: The period of time after confirmation by THE LICENSOR of service problems, from the receipt of the necessary information by the user so that the support of the technical team of THE LICENSOR begins to work on the resolution of the problem and open a service case. Due to the great diversity of problems that can arise, and the methods necessary to solve them, the response time of a problem is not defined as the time between receiving a call and solving the problem.
2.6 Affected Posts (Seats): Cloud services are offered in posts or seats occupied by users, either permanently or shared. The number of positions are defined in the recruitment form. A user will not occupy more than one position at a time.
2.7 Maintenance Notices: THE LICENSOR will communicate the date and time that THE LICENSOR will plan to carry out maintenance. Said notification will be sent between 24 to 48 hours before the planned date. The USER understands and accepts that there may be cases in which THE LICENSOR has to interrupt the services without prior notice in order to protect the integrity of the data and / or services hosted for security reasons, virus attacks, spam problems or other unforeseen circumstances.
j 2.8 Emergency Maintenance: These change controls occur immediately, with little advance notice; however, we will post the information on our website shortly after or during the change.
2.9 Preventive Maintenance: These change controls are when we detect an element in the environment and we have to take measures to avoid emergency change controls in the future. These controls vary, if possible, generally occurring at low peak times, peak times defined by our network metrics.
2.10 Planned Maintenance: These are change control and are made for the continuous support of products and operational projects, to guarantee optimal performance, the implementation of non-critical service packages or patches, and periodic redundancy tests. Whenever possible, planned maintenance will be published 5 days in advance.
3.0 User Responsibility
The user must have and is responsible for having:
to. Internet connection with adequate bandwidth
b. Validated Internet browser (Chrome, Explorer, Mozilla, Edge, Safari)
c. Antivirus on any device you use to access the service.
4.0 Minimum Service Levels
4.1 Availability: The service contracted in the Cloud will have an availability of 99.00% of the time without including maintenance periods. THE LICENSOR uses its own system to measure if the hosted services are available and the USER agrees that this system will be the only basis for the resolution of any controversy that may arise between the user and THE LICENSOR regarding the availability of the Service. Availability is calculated based on the following formula:
· A = (T – M – D) / (T – M) x 100%
· A = Availability
· T = Total number of monthly minutes
· M = Maintenance Time
· D = Downtime
Job Availability Credit
> 97.9% per <99.0% —————————— 5%
> 96.9% but <97.9% —————————– 7%
<96.9% ———————————————– – 9%
4.2 Response Time to the Problem: The hours of provision of technical service will be from 8:00 AM to 8:00 PM from Monday to Saturday. The incident response time will vary depending on the level and category and are defined below:
Response Time Criterion
1. Unplanned interruption of service, not available; no workaround. (30 minutes)
2. Unplanned interruption of service, not available; temporary solution available. (60 minutes)
3. The services are available to a single user or a small percentage of affected users. (2 hours)
4. Services are available but an intermittent problem persists. (8 hours during regular hours)
4.3. Claim Procedure: The procedure for claiming credits for lack of Unavailability will be as follows:
to. Open a service case documenting the event within 24 hours of service interruption.
b. Include the following data in the description of the affected problem or service
c. Name and email of the user or contact person.
d. Include account number, date and time when the fault occurs and the user who reports it for the first time.
and. Include an estimate of the amount of downtime or unavailability.
F. Detailed description or screenshot of the problem or failure.
THE LICENSOR will confirm receipt of the claim within five (5) business days after receipt of the claim. If the claim proceeds according to the terms and conditions defined in this agreement, the credit will be reflected in the invoice for the following month. Please note that credits can only be applied to accounts that are safe and sound.
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