Service Level Agreement

1. DEFINITIONS & INTERPRETATION

When used in this schedule with the initial letters capitalized, in addition to terms defined elsewhere in this schedule, the following terms have the following meanings:
“Authorised Users” means those employees, agents and independent contractors of the Customer who are authorised by You to use the Platform, the Services and the Documentation.
“Business Hours” means between 08:00 and 06:00 Rome time (22 hours of coverage) on a Business Day;
“Change” means any change to the terms of this Schedule;
“Customer Data” means the data inputted by the Customer, Authorised Users, or 4ward on Your behalf for the purpose of using the Services or facilitating Your use of the Services

“Customer Materials” means all works and materials:

    1. uploaded to, stored on, processed using or transmitted via the Platform by or on behalf of the Customer or by any person or application or automated system using Your account; and
    2. otherwise provided by the Customer to 4ward in connection with this Agreement;

including but not limited to Customer Data.

“Data” means the information collected from or on behalf of the Customer by 4ward.

“Defect” means a defect, error or bug having an adverse effect on the appearance, operation or functionality of the Platform, but excluding any defect, error or bug caused by or arising as a result of:

    1. an act or omission of the Customer, or an act or omission of one of Your employees, officers, agents, suppliers or sub-contractors; or
    2. an incompatibility between the Platform and any other system, application, program or software not specified as compatible in Schedule 1;
“Documentation” means the documentation produced by 4ward and supplied / made available on the Platform to the Customer specifying how the Platform should be used;
“Microsoft” relates to all services from Microsoft Corporation that are used by 4ward to provide services to the Customer (including but is not limited to Office 365, Microsoft Online, Exchange Online)
“New Functionality” means new functionality that is introduced to the Platform by an Upgrade; and
“Platform” means the software platform known as 4ward365 that is owned and operated by 4ward, and that will be made available to You as a service via the Internet under the license Agreement;
“Services” means all the services provided or to be provided by 4ward to the Customer under the Agreement, including the Support Services;
“Support Services” means support and maintenance services provided or to be provided by 4ward to the;
“Term” means the term of the Agreement; and
Terms defined in the Data Protection Act 1998 (DPA) have the meanings set out in the DPA.

2. HELPDESK

  1. 4ward will make available, during Business Hours, an email based helpdesk facility for the purposes of:
    1. assisting the Customer with the configuration of the Platform;
    2. assisting the Customer with the proper use of the Platform; and/or
    3. determining the causes of errors and fixing errors in the Platform.
  2. Subject to Paragraph 2.3, the Customer must make all requests for Support Services through the helpdesk, and all such requests must include at least the following information: Detailed description of the problem and contact information.
  3. 4ward will use reasonable endeavours to ensure that a member of its support staff can be reached outside Business Hours in the case of an emergency.

3. RESPONSE & RESOLUTION TIMES

1. 4ward will:

  1. respond to requests for Support Services made through the helpdesk; and
  2. use reasonable endeavours to resolve issues raised by the Customer,
in accordance with the following response time matrix.
Severity Examples Response Time Resolution Time
Critical Platform inaccessibility 2hrs 24hrs
Moderate Feature not working as expected,
Incorrect information being displayed
8hrs 48hrs
Minor Questions 24hrs As soon as reasonably possible
Hrs means Business Hours
2. 4ward will determine, acting reasonably, in to which severity category an issue raised through the Support Services falls.
3. All Support Services will be provided remotely unless expressly agreed otherwise by 4ward.

4. LIMITS ON SUPPORT SERVICES

1. 4ward shall have no obligation under this Agreement to provide Support Services in respect of any fault or error caused by:

  1. the improper use of the Platform; or
  2. the use of the Platform otherwise than in accordance with the Documentation.

5. UPGRADES

  1. The Customer acknowledges that from time to time during the Term 4ward may apply Upgrades to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of the Platform.
  2. The Customer shall not be subject to any additional Charges arising out of the application of the Upgrade unless explicitly stated in writing by 4ward.

6. UPTIME COMMITMENT

  1. 4ward shall use reasonable endeavours to ensure that the Platform is available the 99% of the time during each calendar year, subject to Paragraph 8.

7. BACK-UP AND RESTORATION

  1. Subject to Paragraph 7.2, 4ward will:
    1. make back-ups of the Customer Materials stored on the Platform on a daily basis, and will retain such back-ups for at least 30 days; and
    2. at least once every day, 4ward will arrange for a current back-up of the Customer Materials stored on the Platform.
  2. 4ward may not make back-ups of any and all information that can be recreated or acquired through other means, including but not limited to information that can be re-collected from Microsoft Office 365.
  3. In the event of the loss of, or corruption of, Customer Materials stored on the Platform being notified by the Customer to 4ward under Paragraph 2, 4ward shall if so directed by the Customer use reasonable endeavours promptly to restore the Customer Materials from the most recent available back-up copy.

8. SCHEDULED MAINTENANCE

  1. 4ward may suspend access to the Platform in order to carry out scheduled maintenance, such maintenance to be carried out outside Business Hours and such suspension to be for not more than 8 hours in each calendar month.
  2. Platform downtime during scheduled maintenance carried out by 4ward in accordance with this Paragraph 8 shall not be counted as downtime for the purposes of Paragraph 6.

9. ACCURACY OF DATA

  1. Subject to Paragraph 9.2, 4ward will:
    1. endeavour to collect Data from Microsoft on behalf of the Customer at least once every 24 hours, where the time of collection is decided by 4ward.
    2. ensure that the Data presented to the Customer is accurate and true
    3. not in any way manipulate or change the Data presented to the Customer
  2. The Customer acknowledges:
    1. that the Data provided by 4ward has been sourced from Microsoft and that it does not hold 4ward responsible for any inaccuracies or defects of any Data presented to the Customer
    2. that from time to time 4ward may not be able to collect Data from Microsoft due to a Force Majeure Event or Service affecting issues outside of 4ward’s control.