Service Level Agreement Terms & Conditions
This service level agreement (“Agreement”), sets forth the terms under which Pinevision Inc. a California Corporation (“Pinevision”) shall provide the services to the customer (“Client”).
1.1 These General Terms of Service, including Service Level Agreement (SLA), regulates the relationship between Client and Pinevision, and are intended to be applied for agreed service. This Service Level Agreement shall be accompanied by a Master Services Agreement, and a Statement of Work signed by the Client.
1.2 Pinevision supplies Epage, which is a website development and maintenance tool for users to develop and manage their own website, which is then stored on Pinevision's web server. Epage consists of the services and systems described at www.epage.se. Pinevision has the right to remove or make changes to the service regarding structure, scope and features for developing and improving the service.
1.3 Pinevision's service commitment takes place through distance support.
1.4 The Service includes the web space for the website as well as a (1) domain name.
2. Subscription Services
2.1 The subscription is based on a self-service agreement (i.e. the Client is responsible to maintain and develop any updates to their website after the initial publishing date (see Master Services Agreement Section 6).
3. Client’s Responsibilities
3.1 The Client shall designate one (1) contact person who is responsible for all communication between the Client and Pinevision as it pertains to this agreement. Pinevision shall be informed of the choice of contact person.
3.2 The Client shall promptly assist Pinevision with the necessary information for Pinevision to be able to complete this agreement and, upon request from Pinevision, submit information for future operation and development of the system and services.
3.3 The Client shall perform the commitments specified in the agreement with suitable qualified persons and competent employees and sufficient resources, as well as in case of error be able to report the issues in detail.
3.4 An error/case is reported only when it has been registered in Pinevision ticketing system. Registration can be made through a written submittal to firstname.lastname@example.org or after Pinevision's discovery.
3.5 The Client may not use information in Epage or space on Pinevision AB's servers for anything other than the use of Epage and as specified in this agreement.
3.6 The Client are required to ensure that the user's email address and other contact information is correct and updated.
3.7 The Client is responsible for using and submitting email logs stored in a safe way and unavailable to third parties. Pinevision has no responsibility for third parties taking action using the Client’s login information. In case of suspicion that third parties have obtain login details, the Client shall contact Pinevision immediately and request their login information to Epage is blocked.
3.8 The Client is solely and exclusively responsible for all information that users enter and handles with the help of Epage and for all information stored by Pinevision servers.
3.9 The Client shall only use Epage in accordance with this agreement and Pinevision’s current instructions. Users may not use Epage in ways that may damage, overload, or impair Epage or use Epage in any way that may lead to transmission, distribution or upload of programs or materials containing harmful code such as viruses, spyware or other potentially harmful programs, materials or information.
3.10 The Client may not use Epage to conduct illegal activities or to publish, e-mail or otherwise process or forward information in violation of applicable laws, or which may be perceived as racist, offensive, threatening, harassing, and/or indecent or impersonating another person's privacy. Users are not allowed to use Epage in a manner that may damage Pinevision’s reputation. User undertakes to not use Pinevision’s trademarks other than as expressly permitted Pinevision.
3.11 Images provided by Pinevision may be used exclusively for web pages provided by Pinevision
3.12 The Client is responsible for all processing of personal data that is made through its website created by the Client in Epage being in accordance with the Personal Data Act.
3.13 In case of suspicion from Pinevision that the Client has violated any of the terms specified in this agreement, Pinevision is entitled to terminate this Agreement immediately and turn off access to Epage without the the Client being entitled to any form of compensation or refund.
3.14 Upon termination of this agreement, the Client’s account will be deactivated, and will not be available externally. Unless the Client within one (1) month signs a new agreement with Pinevision, Pinevision owns the right to delete all user accounts related to the Client. It is the Client’s responsibility to transfer their content to another web host at the latest one (1) month after this agreement has expired.
3.15 If users want help transferring information from Epage to another system, Pinevision has the right to receive compensation for work performed.
3.16 Images included in the Epage system or otherwise provided by Pinevision may only be used for the respective website. Epage is entitled to, at any time, remove and/or change these images.
3.17 Pinevision has the right to terminate this agreement with immediate effect should the Client withhold their payments, go bankrupt, or enter into liquidation.
4. Pinevision’s Responsibilities
4.1 Pinevision shall, in a professional manner, perform what is required to fulfill this agreement.
4.2 Pinevision may hire a subcontractor to perform services within the scope of the assignment. Pinevision is responsible for the work of sub consultations as for their own.
4.3 Support for the service is provided via telephone or e-mail and upon requests, error situations, or assumed ones, regarding the product or services. Support assumes that the customer has the required knowledge of the system and does not require unreasonable duration.
4.4 Corrections and adjustments of software program errors occurs through software updates, or by instructions for circumvention of the failure and which does not cause unpleasant inconvenience to the customer.
4.5 Pinevision's commitment to the maintenance of third-party products includes, if not otherwise specifically agreed, support as defined in section 4.3, and Pinevision should, in a professional manner, try to remedy errors that are related by third party products. If Pinevision, despite this, cannot correct the error itself, Pinevision must immediately report the error to the product provider and forward it to the product supplier who may or may not provide a solution to the Client. In addition, Pinevision is not responsible for the maintenance of third party products.
4.6 Pinevision has the right to take action that affects the availability of the service for technical, maintenance, operational or security reasons, legal reasons, or decision taken by the competent registrar of relevant top level domains or competent organization designated by such registry.
4.7 Pinevision exerts no control over information or material contained on the Clients storage space and Pinevision are thus not responsible for direct or indirect damage caused by the Clients actions or deficiencies on customer applications. Pinevision is not liable for damages incurred in connection with intrusion into the Clients service.
4.8 Pinevision is only responsible for damage caused by neglect of Pinevision or hired subcontractor. Pinevision's liability shall, unless intent or gross negligence on Pinevision's side caused the damage, be limited to direct losses amounting to a total amount corresponding to the fee for the current contract period. Pinevision is not responsible for indirect damage such as loss of information nor for corruption of information due to third party unauthorized infringement Pinevision's computer resources.
4.9 Pinevision does not delete the Clients information as long as the service is active, unless the Client, in writing, expressed a wish for this and strengthened his identity. Pinevision reserves the right, however, for the technical reasons to transfer information to another data media.
4.10 Pinevision handles all customer information as confidential and in accordance with the Personal Data Act (PUL), to protect Customer integrity. However, Pinevision is entitled to publish data according to top level registrar's "whois" policy and to provide information to authorities requesting this by law.
4.11 Pinevision liability for property damage only includes compensation for direct loss and is limited to the maximum amount that the Client is scheduled to pay for Pinevision for twelve (12) months in accordance with the current agreement. Compensation does not include any case of indirect damage e.g. lost profit, reduced production or turnover in movement, barriers to fulfill obligations against third parties, or non-use of the agreement.
5. Server / Hosting
5.1 Pinevision provides the service through the Levonline’s server environment.
5.2 In case of malfunction, contact Pinevision during office hours weekdays 08:00 - 17: 00. Pinevision will then try to correct the error to the best of its ability during office hours.
5.3 Pinevision has the right to change server provider or server solution when Pinevision considers that it is required.
5.4 Pinevision liability for damages arising from server operations, shall, unless intentional or gross negligence from Pinevision's side caused the damage, be limited to direct losses amounting to a total amount corresponding to the fee for the current contract period. Pinevision is not responsible for indirect damage such as loss of information nor for corruption of information due to third party unauthorized infringement Pinevision's computer resources.
6. Hours of Coverage
6.1 Epage is available 24 hours / day, 7 days a week, except for periods of planned or unplanned maintenance or in case of operational errors.
6.2 Support from Pinevision is available from 08.00 – 17.00, Mon-Fri, except for national holidays.
7. Response Times and Escalation
7.1 The response time for support from Pinevision is stated below and is dependent on error/case classification according to the table below.
Critical / Priority: 1 day
Serious / Urgent: 3 days
Significant / Normal: 7 days
Less / Unprioritized: At Pinevision’s discretion
7.2 If an error is classified as priority level Critical, Pinevision should work continuously, even outside the agreed service period, in order to solve the problem. This assumes that the customer works with Pinevision to the extent that Pinevision considers necessary. In case of disagreement, the parties may agree on special matters plan for how to escalate and remedy the error.
7.3 If Pinevision fails to provide a response within the agreed upon response time, the Client is entitled to deductions per case as percentage of monthly fee for Pinevision's service according to the table below.
Critical / Priority: 7.5%
Serious / Urgent: 5%
Significant / Usually: 2.5%
Less / Unprioritized: –
7.4 The maximum monthly price reductions that can claimed by the Client is 30% of the monthly fee monthly fee for Pinevision's service.
7.5 To claim a price reduction based on as defined in section 7.3, the Client shall make the claim in writing by the end of the calendar month following the reported error/case.
7.6 Pinevision’s response time and escalation commitments, and stated fees, do not include errors caused by third party products, temporary errors caused by software updates or installation of new version, errors caused by Client’s intervention with the program without Pinevisions consent, errors caused by viruses or cyber-attacks, or any other errors outside of Pinevisions control.
8. Software Updates
8.1 All software updates are made by Pinevision. The Client may not deny software updates within the framework of this agreement.
8.2 This agreement, and the terms herein, covers any future software updates and changes to the Epage system.
9. Responsibilities for Service
9.1 If Pinevision fails in its maintenance commitment, Pinevision will, after a written complaint from the Client, with the urgency that circumstances require, remedy the inadequate service.
9.2 In addition to what is stated in clause 7.3, the customer is not entitled to compensation or other compensation due to deviation from the service level, unless intentional or gross negligence exists.
10. Changes to this Service Level Agreement
10.1 Pinevision has the right to make changes to these terms, with effect from 30 days after publication.