SERVICE LEVEL AGREEMENT
We value your privacy and your data. We will never sell your data or give it to third parties without your knowledge or consent. Your data is only accessed by us for support and development purposes for you, and/or when needed for the function of a specific service or integration you are utilizing like load boards or other software integrations. We maintain a high level of security in the storage and handling of your business data including housing our servers in a HIPPA compliant monitored data center. Our customers are our focus. Our business revolves around you and developing solutions for your business while providing reliability, customer service and security. Any interaction we have with your data is based on these goals. Please see below for our SLA terms:
Term: commencement of term; end of term.
Set Up Services: obligation to provide set up services; set up services timetable; delays in set up services consequent upon second party delays; hosted services set up and intellectual property rights.
Hosted Services: provision of hosted services access credentials (set up services option); grant of license to use hosted services; limitations on use of hosted services; prohibitions on the use of the hosted services; security of access credentials; availability of hosted services and SLA; hosted services acceptable use policy; no damaging use of hosted services; no excessive use of the hosted services; no unlawful use of hosted services; no access to platform code; suspension of hosted services.
Scheduled maintenance: right to suspend hosted services for scheduled maintenance; notice of scheduled maintenance to hosted services; times for provision of scheduled maintenance; maximum aggregate time for scheduled maintenance of hosted services.
Support Services: support services provision; standard of support services; support services in accordance with SLA; suspension of support services.
Customer obligations: general second party obligations; access to computer systems.
Customer Data: license of second party data (hosted services); warranties relating to second party data; back-up of second party data; restoration of second party data.
Integrations with Third Party Services: integration of third party services; right to integrate third party services; activation of third party services integration; right to remove third party services integrations; Provider not responsible for supplying third party services; Customer responsibilities in relation to third party services; charges relating to third party services; no warranties or liability in relation to third party services.
Mobile App: mobile App governed by separate terms.
No assignment of Intellectual Property Rights: no assignments of intellectual property rights.
Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments; interest on late payments.
Provider’s confidentiality obligations: first party confidentiality undertaking; disclosure of confidential information by first party to certain persons; exceptions to first party’s confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party confidentiality obligations after termination.
Data protection: compliance with data protection laws; warranty of Customer’s right to disclose personal data (GDPR); details of personal data processed by the Provider (GDPR); purposes of processing of personal data by the Provider (GDPR); duration of personal data processing by Provider (GDPR); personal data processed by Provider on instructions (GDPR); authorized international transfers of personal data (GDPR); informing Customer of illegal instructions (GDPR); personal data processed by Provider as required by law (GDPR); confidentiality obligations on Provider persons processing personal data (GDPR); security of personal data processed by Provider (GDPR); appointment of sub-processor by Provider (GDPR); authorization for Provider to appoint sub-processors (GDPR); Provider to assist with exercise of data subject rights (GDPR); Provider to assist with compliance (GDPR); obligation to notify Customer of personal data breach (GDPR); Provider to provide data protection compliance information (GDPR); deletion of personal data by Provider (GDPR); Provider to allow audit (GDPR); changes to data protection law.
Warranties: first party general warranties; hosted services general warranties; warranty of legality of hosted services; hosted services intellectual property infringement warranty; breach of hosted services infringement warranty; second party warranty of authority; exclusion of implied warranties and representations. Host will not be held liable for anything whatsoever. Including but not limited to: Software bugs, unavailability of service, website downtime, etc .
Acknowledgements and warranty limitations: hosted services not error free; hosted services not entirely secure; hosted services compatibility limitation; no legal etc advice with hosted services.
Indemnities: indemnity upon breach: any provision or specified provisions (with definition); conditions upon first party indemnity; indemnity upon breach: any provision or specified provisions (with definition); conditions upon second party indemnity; limitations of liability vs indemnities.
Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for loss of data or software (subject to back-up obligations); no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
Termination: termination without cause (optionally asymmetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment; rights of termination supplemental or exclusive.
Effects of termination: surviving provisions upon termination; termination does not affect accrued rights; charges on termination of contract.
Notices: methods and deemed receipt of contractual notices; first party contact details for contractual notices; substitute contact details for notices.
Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations; subcontracting of hosting.
Assignment: assignment by first party; assignment by second party.
No waivers: no unwritten waivers of breach; no continuing waiver.
Severability: severability of whole; severability of parts.
Third party rights: third party rights: benefit; third party rights: exercise of rights.
Variation: variation only in accordance with section; variation by signed written agreement; variation on first party’s notice.
Entire agreement: entire agreement: documents; no misrepresentation; section subject to caveats to limits of liability.
Law and jurisdiction: governing law; jurisdiction.
Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
Schedule 1 (Hosted Services particulars)
Set Up Services: specification of software set up services prompt.
Specification of Hosted Services: specification of hosted services prompt.
Financial provisions: financial provisions prompt.
Contractual notices: prompt for second party contractual notice address details.
Schedule 2 (Acceptable Use Policy)
Introduction: definitions for acceptable use policy; parties to acceptable use policy; agreement to policy by using services; express agreement to policy; services user minimum age under policy.
General usage rules: no damaging use of services; no unlawful use of services; content must comply with provisions of part.
Unlawful Content: no unlawful user content: general prohibition; no unlawful user content: specific prohibitions; previous complaints and user content.
Graphic material: age suitability of user content; no violence in user content; no pornographic user content.
Factual accuracy: content must be truthful; content must not risk defamation.
Negligent advice: no professional advice in user content; no negligent advice in user content.
Prices: All prices subject to change without notice. All prices are available on www.loadmanager.com
Etiquette: content appropriate etc; no offensive content; no annoying content; no hostile communications; no deliberate offense; no content flooding; no duplicate content; categorization of content; appropriate content titles; courtesy to service users.
Marketing and spam: prohibition on marketing activities; no spam in user content; sending spam using email addresses; no promotion of marketing schemes; avoidance of IP blacklisting.
Regulated businesses: no gambling-related activities; no pharmaceutical activities; no weapon-related activities.
Monitoring: acknowledgement relating to monitoring.
Data mining: no data mining.
Hyperlinks: no hyperlinks to prohibited content.
Harmful software: no harmful software; no risky software.
Schedule 3 (Availability SLA)
Introduction to availability SLA: purpose of hosted services availability SLA; informal definition of uptime.
Availability: uptime commitment; measurement of uptime; reporting of uptime measurements.
Service credits: earning service credits; amount of service credits; application of service credits; service credits are sole remedy; service credits upon termination.
Exceptions: list of exceptions to availability commitment.
Schedule 4 (Support SLA)
Introduction: introduction to support SLA.
Helpdesk: helpdesk obligation; purpose of support services helpdesk; access to helpdesk; times of helpdesk availability; all requests for support to go through helpdesk.
Response and resolution: hosted services support issue categorization; allocation of support issue severity categories; support response times; contents of response to support request; support resolution times.
Provision of Support Services: support services to be provided remotely.
Limitations on Support Services: excessive use of hosted services support; misuse of hosted service and support services.
Schedule 5 (Data processing information)
Categories of data subject: prompt for categories of data subject.
Types of Personal Data: prompt for types of personal data.
Purposes of processing: prompt for personal data processing purposes.
Security measures for Personal Data: prompt for security measures for personal data.
Sub-processors of Personal Data: prompt for identifying sub-processors of personal data.
SLA terms subject to change without notice. SLA terms available upon request for my going to: https://www.loadmanager.com/service-level-agreement/