1. Scope of the Agreement

    1. Overview. This Service Level Agreement (“Agreement”) describes the standard software as a service and support levels currently offered by Statvoo (“Provider”) to The Client (“Client”) who have agreed to be bound thereby. Capitalized terms not otherwise defined herein have the meanings ascribed to them in the Agreement.
    2. Definition of Services. This Agreement describes the availability of the Application Services and support offered by the Provider for the Provider Products that are identified on the Provider Product Order Forms and installed on servers managed by the Provider and accessible to the Client over the Internet.
    3. Environments. The Provider maintains the Production Environment used by users from the Client organization for accessing and using the Provider Products.
    4. Service Availability & Scheduled Maintenance.
      The Provider will use commercially reasonable efforts to provide availability to the Application Services on the Production Environment 99.5% of the time calculated as follows [(total-non-excluded-excluded)/(total-excluded)]?99.5%, assuming the following exclusions:

      • Maintenance and upgrade downtime;
      • Any period of unavailability lasting less than five (5) minutes;
      • Any unavailability caused by circumstances beyond the Provider’s reasonable control, including without limitation, acts of God, strikes or other labor disturbances, war, whether declared or not, sabotage, and/or any other cause or causes, whether similar or dissimilar to those herein specified, which cannot reasonably be controlled by the Provider, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems not within the Provider’s possession or reasonable control, and including denial of service attacks against internet infrastructure providers;
  2. Changes

    Provider may make changes to the content and Services offered on the Site at any time. Provider can change, update, or add or remove provisions of these Terms, at any time by having you agree to a new version of these Terms or by posting the updated Terms on this Site and by providing you notice. By assenting to the updated Terms or using this Site after Provider has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and receiving Services.

  3. Eligibility

    By using the Site, you represent that you are 18 years of age or older, or if you are between the ages of 13 and 18, that you are using the Site with the permission of your parent or legal guardian, or that you are an emancipated minor between the ages of 13 and 18. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to these Terms and to fully indemnify and hold harmless Provider if your child breaches or disaffirms any term or condition of these Terms. If you are using this Site on behalf of a company, you represent that you are authorized to legally bind Provider to these Terms.

    If Provider believes that you do not meet any of these requirements Provider may immediately terminate your use of the Site.

  4. Subscription Period & Plans

    • Contractual Period: Standard monthly rolling or annually subscribed;
    • Data Retention: Indefinite and or length of contract and or life of business;
    • Allocated Actions/Events: Stipulated per plan;
    • Agents Allowed: Stipulated per plan;
  5. Levels of Support & Availability

    1. Support. The Provider provides online case submissions with business hours support providing call-back responses to Client issues and cases. Support includes:

      • Online support through the Provider’s Customer Portal
      • Online case submission
      • One (1) Authorized Support Contact
      • Under four (4) hour call-back response time
      • Coverage from 8:00AM to 6:00PM (GMT) Monday through Friday, excluding holidays
  6. Exclusions, Review & Validity of Agreement

    1. Review. The services described in this Agreement will be reviewed and amended from time to time by the Provider and the then current version of this Agreement will be made available to the Client. The Provider may review and change this Agreement over time but cannot materially reduce its obligations herein without prior Client written approval.
    2. Validity. This Agreement is valid during the stated Subscription Period.
    3. Exclusions. The Provider will use reasonable commercial efforts to resolve all support requests submitted by the Client as set forth in Section 3 above, except for issues reported to the extent due to the following factors:
      Where the Client has used the Application Services in a manner other than in accordance with the Documentation
      Problems created as a result of the Client’s changes to the Client’s software, operating systems or hardware, telecommunications problems or as a result of customized changes to the Application Services unless such changes were previously agreed, in writing, by the Provider
      The Provider shall have no obligations under this agreement during any period in which the Client is in material breach of the Agreement, including any period in which the Client has failed to meet its payment obligations there under
  7. Additional Value Added Services

    1. Application Performance. The Provider will continually monitor application performance from multiple perspectives and provide support under this Agreement to rectify and return to normal service and performance as described in the Documentation.
      Components that the Provider continuously monitor for performance include but are not limited to:

      • Page Overhead Time
      • Tracker Average Response Time (~100ms-150ms baseline)
      • Query Execution Time
      • Network Traffic
      • CDN POPs & Caching Controls

      If at any time the Provider identifies a concern with any of the monitored performance points, the Client will be notified in writing and a support case will be opened to track the resolution of the issue.

    2. Data Backup Processes. The Provider’s Client database backup processes include scheduled daily incremental backups and monthly full backups. It is the Provider’s policy to maintain the Client backup data onsite for three (3) months prior to rotation.
  8. Contract duration/cancellation/place of execution

    1. Contract Time. The contract is in place for the time set out in Section 2.
    2. Reasons for Cancellation. The contract can be cancelled without giving reasons by either party at any time provided one (1) months notice is given.
      A cancellation can only be done in writing by letter or via the secure online administrations area, provided this option is available.
    3. Termination. We are also entitled to terminate the contractual relationship for good cause without notice.
      One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed.
      Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of usage.
    4. Communications. When you send email or other communication to the Provider, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
  9. Updates to Core Service/Functionality

    1. Notifications. A notification will be emailed to all administrators on the account one (1) week before core updates to the service are made live.
  10. Data and Information

    1. You own the Data. We may retain and use, subject to the Privacy Policy, the Data received through your use of the Services. We will share Data with third parties (a) where we (i) have received your approval or consent; (ii) conclude that it is required by law or has a good faith belief that access, preservation or disclosure of Data is reasonably necessary to protect our rights, property or safety or that of our users or the public; (iii) provide Data in certain limited circumstances to third parties to carry out tasks on our behalf (e.g., billing or data storage) with restrictions that prevent the Data from being used or shared except as directed by us; and as otherwise provided for in the Privacy Policy. When you delete your account, we will purge the Data on the next data deletion/cleanup cycle. With your approval, we allow third party services to access the Data via the API.

      You hereby agree to not transfer, or cause to be transferred, to Provider any of the following types of data: Social Security number; tax ID number; credit card number or financial account number; date of birth; driver’s license, passport or other government identification number; login credentials; medical information; biometric data; sensitive data (as that term is defined by the Data Protection Directive); protected health information (as that term is defined under the Health Insurance Portability and Accountability Act and its implementing regulations, as amended); any nonpublic personal information (as defined by the Gramm-Leach-Bliley Act); or any data subject to data breach notification obligations under state, federal or other law.