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THIS
SERVICE LEVEL AGREEMENT DEFINES THE SERVICE LEVELS PROVIDED TO YOU BY SMARTPHONES
TELECOM AS.
Capitalized
terms used herein but not otherwise defined shall have their respective
meanings set forth in the End User Hosting Master Service Agreement (the
"Agreement").
The term
"You" shall have the definition set forth in the Agreement. In
the event of any conflict between this Service Level Agreement and the
Agreement, the Agreement shall govern.
I. Service
Definition. SmartPhones Telecom AS will provide
Hosted Exchange and other Application Services as defined by the plan or
plans purchased by You from SmartPhones Telecom
AS.
II.
Technical Support. SmartPhones Telecom AS will
provide You through Your authorized account contacts with technical support
on setting up and configuring Your account, access to the Services, and
other issues related to the Services. Only Your authorized account contacts
may request information, changes or technical support pursuant to the
Agreement. For more information, visit the Technical Support page of the
administrative control panel. SmartPhones Telecom
AS uses commercially reasonable efforts to maintain a standard response
time to technical support issues. This response time will depend on the
complexity of the inquiry and support request volume. The Technical Support
Department assigns the highest priority to customer inquiries related to
server unavailability. The estimated time to respond does not apply to
inquiries that require extensive research and testing.
III.
Specification on technical support availability. SmartPhone
Telecom AS’s technical support can be contacted by telephone +47 815
17 080 or e-mail support@anymail.no. The opening hours for the
technical support department are 09:00 to
17:00 - Monday to Thursday and 09:00 to 16:00 Friday, except for public
holidays.
IV.
Billing Disputes SmartPhones Telecom AS must
receive notice of billing disputes within sixty (60) days of the date Your
account was invoiced for the Services or You shall be deemed to have
accepted such charges.
IV.
Control Panels and Server Management
a. Account
Management Tools. Account holders are provided with SmartPhones
Telecom AS’s online account and server management tools, the administrative
control panel and end-user control panel. These tools are designed to give
You control over Your account and the Services. Technical Support personnel
can help You to become familiar with control panels; however, Technical
Support shall not be expected to perform for You the tasks that can be done
through control panels.
b. Custom
Configuration. Requests for modification to the standard configuration will
be considered on a case-by-case basis. Approval of such modifications will
be at SmartPhones Telecom AS’s sole discretion. SmartPhones Telecom AS does not guarantee any
particular result from non-standard configurations nor can it be held liable in any way for Service performance
changes or failures which result from non-standard configurations. c.
Additional Services. For the tasks that cannot be performed through the
administrative control panel or for services that are not included in the
plan or plans purchased by You, You may request SmartPhones
Telecom AS perform professional services on a time and materials basis
through the administrative control panel or Technical Support. The request
shall include a detailed description of work and the authorized amount of
time, in half hour increments, to perform the work. SmartPhones
Telecom AS may evaluate and revise the request (including the estimated
number of hours to perform the work) and reserves the right, in its sole
discretion, to decline any request. The services shall be performed at SmartPhones Telecom AS’s standard published rates,
provided that any emergency services that require commencement within 24
hours shall be charged at 1.5x SmartPhones Telecom
AS’s standard published rate. SmartPhones Telecom
AS will use commercially reasonable efforts to perform requested services.
However, it does not guarantee any particular result from performance of
services or make any representations or warranties regarding such services
nor can it be held liable in any way (including for any credits) for
Service performance changes or failures which result from performing tasks
requested by You.
V.
Maintenance
a.
Scheduled Maintenance. To ensure optimal performance and security of the
Services, SmartPhones Telecom AS will routinely
perform maintenance on a regularly scheduled basis within its published
maintenance windows. This may require specific Services to be suspended
during the maintenance period. SmartPhones
Telecom AS schedules maintenance windows according to its policies, which
can be referred to in the administrative control panel. Service
unavailability due to scheduled maintenance will be excluded from Your
uptime calculations for availability. SmartPhones
Telecom AS will use commercially reasonable efforts to notify You in
advance of any scheduled maintenance that may adversely affect Your
Services.
b.
Emergency Maintenance. Under certain circumstances SmartPhones
Telecom AS may need to perform emergency maintenance, such as security
patch installation or hardware replacement. SmartPhones
Telecom AS will not be able to provide You with advanced notice in case of
emergency maintenance. Service unavailability due to emergency maintenance
will be excluded from the uptime calculations.
c.
Hardware Replacement. SmartPhones Telecom AS will
use industry standard practices to determine whether server hardware is
functioning properly and will replace non-functioning hardware with
similarly functioning hardware. SmartPhones
Telecom AS shall use commercially reasonable efforts to implement hardware
replacement within four hours from the time the problem is identified. In
the case where this time is exceeded, the excess downtime is counted
against the Service Availability credit.
VI.
Service Availability.
a. Uptime.
The Company shall provide at least 99.999% Service Availability, measured
on a per calendar month basis. Service Availability is defined as the
ability of a user on Your Exchange account to (a) access and retrieve
information from his or her mailbox, and (b) send and receive messages via
his or her mailbox using the Services, each on per mailbox basis, provided
that Your account is active, in good standing and enabled. Unavailability
caused by issues beyond SmartPhones Telecom AS’s
reasonable control, including denial of service or similar attacks, mail
bombs, DNS resolution, Domain Name expiration, Internet availability, SYN
attacks, and other events or any other Force Majeure event will be excluded
from Service Availability calculations.
b. Service
Availability Monitoring 1. SmartPhones Telecom AS
monitors its servers and the Services as a whole but does not monitor
individual mailbox or mobile device availability. To verify Service
Availability, SmartPhones Telecom AS uses a
combination of methods to validate availability, including but not limited
to Exchange HTTP access availability and internal mail flow monitoring
between Edge and Mailbox servers. These checks are run on predetermined
intervals with specific failure thresholds with respect to the service
being provided. If two or more consecutive tests fail, the lack of Service
Availability will be noted as the number of minutes between the first and
the last failed tests. Any unavailability less than five minutes in
duration will not be recorded.
2. SmartPhones Telecom AS does not guarantee incoming and
outgoing mail delivery time and thus it is not included in its calculations
or considered an outage if mail flow is delayed. If a delay in mail flow is
due to a complete Service, server, or network outage, Service Availability
will be calculated related to those services only. SmartPhones
Telecom AS will use commercially reasonable efforts to provide reasonable
times for incoming and outgoing mail flow.
VII. Credit for Non-Compliance
a. Service
Availability. If Service Availability for the first 30 day period (or any
calendar month thereafter) is below 99.999%, SmartPhones
Telecom AS will issue a credit to You according to the schedule below:
Service Availability* Amount of the refund as a percentage of monthly fee
for affected Service* 99.0% to 99.999% 3% of monthly fee credited 98.0% to
98.99% 5% of monthly fee credited 95.0% to 97.99% 10% of monthly fee
credited 90.0% to 94.9% 25% of monthly fee credited 89.9% or below 2.5%
credited for every 1% of lost availability up to the maximum total penalty
limit To receive a credit, Your account must (a) be in good standing with SmartPhones Telecom AS, and (b) send an email or
written credit request to the Billing Department in the month immediately
following the month for which You are seeking a credit. Credit requests
must include Your account username (account number) and the dates and
specific times that the Service availability was below the prescribed
levels. The Billing Department will compare information provided by You to
the monitoring data SmartPhones Telecom AS
maintains. A credit is issued only if SmartPhones
Telecom AS confirms from the monitoring data warranting the credit. * SmartPhones Telecom AS will calculate the credit based
on the type of particular Service for which Service Availability was below
the prescribed level, the fees for the particular Service and the
percentage of overall individual mailboxes or other units adversely
affected. For example, if the credit pertains to the Service Availability
of two mailboxes of 200 mailboxes, the credit would be calculated as 1% x
the monthly fee for the mailboxes x the % of monthly fee credited.
b. Total
Credit Limits; Sole and Exclusive Remedy. The total credit to You for any
account may not exceed 50% of the monthly fees charged to that account
during the month for which the credit is to be issued, unless the amount to
be credited is less than one (10) NOK Norwegian Kroner in which case the
credit amount will be one (10) NOK Norwegian kroner. Only one credit and
credit level is available in any given month. Notwithstanding anything set
forth in the Agreement or this Service Level Agreement, the credit
described in this Section VII shall be Your sole and exclusive remedy in
connection with any outages, unavailability or breach by SmartPhones Telecom AS of the Agreement or this Service
Level Agreement.
VIII.
Server Software a. Software Configuration. SmartPhones
Telecom AS will exercise industry standard practices to ensure that all
pre-installed software is correctly configured. In case there is more than
one way to configure the software, SmartPhones
Telecom AS will choose the configuration it determines, in its sole
discretion, to be the most appropriate. b. Patches, Updates and Service
Packs. SmartPhones Telecom AS will use
commercially reasonable efforts to promptly install security patches,
updates, and service packs. Software updates may change system behavior and
functionality and as such may negatively affect the Services purchased by
You. SmartPhones Telecom AS cannot foresee nor
can it be responsible for service disruption or
changes in functionality or performance due to implementation of software
patches and upgrades. If such disruption or changes occur, SmartPhones Telecom AS will use commercially reasonable
efforts to remedy the situation as soon as possible after being notified of
the problem by You.
c.
Required Upgrades. SmartPhones Telecom AS may be
required by its software licensors to upgrade to the latest versions of the
software. Licensor-required upgrades will be performed free of charge and
upon reasonable notice to You. Software upgrades on SmartPhones
Telecom AS’s servers will occur at SmartPhones
Telecom AS’s discretion upon reasonable notice to You. d.
Incompatibilities. SmartPhones Telecom AS is not
responsible for problems that may arise from incompatibilities between new
versions of the software and Your content, regardless of whether it was a
requested, required or a discretionary upgrade. Nevertheless, SmartPhones Telecom AS will use commercially reasonable
efforts to assist You in finding a solution. IX. Storage Capacity; Data
Transfer; Server Resources. Each account is allotted storage capacity and
data transfer amounts on SmartPhones Telecom AS’s
servers according to the plan and options selected by You. This storage
size and data transfer allotments can be increased through the
administrative control panel for an additional charge up to the maximum
amount allowed for each plan or service. The servers may stop accepting,
processing, or delivering data when the purchased limit is reached thus
causing Service unavailability or data loss. SmartPhones
Telecom AS shall not be responsible for such unavailability or data losses.
Server resources are shared among all customers hosted on the same
server(s). SmartPhones Telecom AS configures
servers, Services and storage in such a way that You are separated from
other customers. However, due to its nature, for shared resources, server
and service performance levels cannot be guaranteed.
X. Hosted
Exchange Limitations
a. Mailbox
and Public Folder Storage Capacity. Each mailbox and public folder has
their own storage limits. When the storage limit is reached on an
individual mailbox or folder, the Exchange servers will stop sending and/or
receiving messages or data leading to possible Service unavailability or
data loss. To prevent such occurrences, You can
manage each mailbox and public folder storage limit, using the
administrative control panel. SmartPhones Telecom
AS is not responsible for unavailability or data losses caused by any
mailbox or folder exceeding its storage limit. You can obtain a detailed
disk usage report from the administrative control panel at any time.
b. Log
Files. SmartPhones Telecom AS adheres to a daily log maintenance and clean-up schedule in order
to optimize disc space for our Services.
c. Top
Level Folders and Sub-Folders. The Exchange server itself retains ownership
of the two top layers of the public folder hierarchy, "Public
Folders", and under that folder, the "All Public Folders".
This is set by the Exchange server architecture and cannot be modified. The
administrative control panel allows You to create and manage mail-enabled
Top-Level public folders. Only Top-Level public folders can be made visible
in the Global Address List. Only Top-Level public folders can be made
mail-enabled.
d. Address
Lists. SmartPhones Telecom AS provides one Global
Address List and one Offline Address List for Your account. The Global
Address List and Offline Address List are available to all users within
Your account. The Global Address List contains all mailboxes, contacts and
distribution lists for Your account, unless You explicitly choose to hide
any of these objects from Your Global Address List. Your Offline Address
List is a replica of Global Address List. Your Offline Address List is used
when You are working offline or, in MS Outlook 2007 or above, in the
activated cache mode. The Global Address List is replicated to Offline
Address List on a daily basis.
e.
Anti-Virus Checking. SmartPhones Telecom AS uses
third-party, anti-virus software. This software is configured to check all
inbound messages. The virus-detecting heuristics of the software are
regularly updated. Messages sent between mailboxes on the server are not
scanned. If a virus is detected or if a message attachment cannot be
scanned (for example, when it is encrypted or corrupted), the message and
its attachments may be permanently deleted. For Secure Mail customers,
encrypted messages will not be deleted. Messages with attachments larger
than 5MB are not scanned. SmartPhones Telecom AS
advises You to use up-to-date, local anti-virus software. SmartPhones Telecom AS is not responsible for any
damages due to viruses, including infection of end-user devices or lost or
corrupted messages. f. Anti-Spam Message Filter. SmartPhones
Telecom AS installs third-party, anti-SPAM software on its servers. This
software is configured to check all incoming messages according to the
SPAM-detecting heuristics provided with the software. As a part of the
anti-SPAM software service, the SPAM-detecting heuristics are regularly
updated. SmartPhones Telecom AS is not
responsible for any damages due to anti-SPAM filtering, including lost or
corrupted messages. g. Wireless Exchange Server Access. As an add-on
service, SmartPhones Telecom AS provides wireless
access to the Exchange server through the use of third-party software.
Limited customer control of wireless Exchange server access and
configuration is available via the administrative control panel. Success in
configuration and set up of wireless Exchange server access is highly
dependent upon the device and the wireless access provider chosen by You.
Therefore SmartPhones Telecom AS can only assure
that it will make commercially reasonable efforts to assist You in
configuring and supporting Your wireless Exchange server access for the
portions of the access not under SmartPhones
Telecom AS’s control.
XI.
Privacy; Confidentiality
a.
Privacy. SmartPhones Telecom AS is committed to
protect Your privacy and the confidentiality of Your data to the maximum
extent permitted by law and/or accepted by industry standards. We will not
access, view or review any of Your private data accessible to us (including
but not limited to that contained in Your web server files, email messages,
calendars, notes, contacts, memos or public folders) unless:
1. either
You or a government agency or regulatory body specifically requests us to
do so;
2. when
performing routine backup and restore operations, virus scan and virus
removal, spam and content filtering; or
3. if such
access, view or review is urgent and necessary to protect personal safety,
perform troubleshooting, restore systems operation in the event of a server
failure, remove illegal or offending (e.g. pornographic, violating our
policies, etc.) content or prevent a server failure, Service outage or
other damage. Under no other circumstances will SmartPhones
Telecom AS access Your private data or share Your confidential data with
any third parties without Your prior permission, except to the extent
required by law or governmental or regulatory body or necessary to render
our services to You.
XII. Data
a. Data
Integrity and Server Backup. SmartPhones Telecom
AS will utilize various technologies to ensure the integrity of Your data
on SmartPhones Telecom AS’s servers and to
prevent data loss in the event of disk failure. SmartPhones
Telecom AS performs routine server backups for disaster recovery purposes
only. Server backup scope and scheduling is at SmartPhones
Telecom AS’s sole discretionSMARTPHONES TELECOM
AS SHALL NOT PERFORM BACKUP OR RESTORE SERVICES OF YOUR DATA UNLESS SUCH
BACKUP OR RESTORE SERVICES ARE SPECIFICALLY NOTED IN A CUSTOMIZED SERVICE
AGREEMENT. Additional service charges may apply if SmartPhones
Telecom AS recovers lost data that SmartPhones
Telecom AS is not required to restore according to Your service plan.
XIII. Data
Retention. While Your account is active, SmartPhones
Telecom AS shall retain Your data, including but not limited to the content
of private mailboxes and public folders within the database information
store, active directory, log files and backup copies. SmartPhones
Telecom AS shall not be responsible for retaining any of Your data after
account termination. All data is deleted from the servers after Your
account is terminated and from backups during scheduled backup rotation. SmartPhones Telecom AS shall not restore, provide on
any storage media or send out any data pertaining to terminated accounts,
unless specifically noted in a customized service agreement. XIV. Customer
Responsibilities. To access SmartPhones Telecom
AS services You must provide at the very minimum:
- an Internet connection with sufficient
bandwidth and quality to allow trouble-free browsing, data uploading
and downloading and that does not constrain Microsoft® Exchange
functionality;
- Windows XP or later to access the
Exchange server using Microsoft ® Outlook RPC/HTTP;
- a fully functional Internet browser to
access the control panel and Exchange server using OWA; and
- a fully functional POP/IMAP/SMTP e-mail
program (client) such as Microsoft® Outlook Express.
XV.
Acceptable Usage and No-Spam Policies. SmartPhones
Telecom AS adheres to Acceptable Usage and No- Spam policies.
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