Service Level Agreement

This is the standard S.L.A. for ‘Signaling Servers’, ‘Virtual Reception Desks’ and ‘Agent Workstations. Deviations from these standard service levels and modalities are valid only after mutual, written consent between parties and will be added as an addendum to this Agreement.

  HARDWARE

  SOFTWARE

  SERVICES

EXCLUSIONS

Are excluded from this SLA

• Issues or malfunctions caused by unqualified use in a way that is not conform with the suppliers specifications of use or environmental conditions. These specific instructions are provided at time of training of the equipment.
• Unauthorized changes to the configuration or set-up of the equipment, software or services or moving the equipment without prior approval. The customer is not allowed access to the computers integrated within the equipment.
• Damages and malfunctions caused by external causes such as, but not limited to, : fire, water, floods, smoke, war, riots, strike, nuclear interference, liquids, acts of God, etc
• All ‘passive’ components : metal or plastic bodywork of Kiosk, chassis, glass.
• Consumables such as paper, ribbons, toner,…
• Everything not listed in this Agreement

SUPPLIER KEY RESPONSIBILITIES

The supplier will maintain the ‘system’ (Hardware and Software) and will support the users.
Additionally, the supplier will :

• Ensure relevant software, services and equipment.
• The availability of pare parts is contingent on an hardware maintenance agreement.
• Provide qualified, skilled, trained personnel
• Respond to support requests as described in the SLA.
• Escalate and resolve issues in an appropriate, timely manner
• Maintaining good communication with the client at all times.

CUSTOMER KEY RESPONSIBILITIES

The customer will :

• Ensure availability of a suitable network connections (specs provided by supplier)
• Notify the supplier of issues and problems in a timely manner by using the dedicated HelpMe link (password secured)
• Follow the instructions provided by the supplier and provide prompt feedback in response to the instructions and actions.
• Provide the supplier with free and onubstructed access to the systems for the purpose of maintenance, updates and fault prevention. That includes both physical onsite access and remote electronic access via the internet.
• Keep the supplier informed about potential changes to its System; including network changes.
• Grant remote network access for support over distance

SERVICE LEVEL AGREEMENT

The supplier will perform specific activities as described below.

HARDWARE MAINTENANCE

Perform system monitoring and system reboots (or instruct the customer to do so.)

Preventive Maintenance if compulsarily required by the Vendors of the hardware components. (this excludes cosmetic maintenance such as keeping the unit clean on the outside, which is a responsibility of the customer).

Ensure compatiblity between the hardware and the software.

In case of hardware failure : replace the defective unit or Component by an equivalent spare-part or Field replaceable Unit in good working order. The replaced part becomes the property of the supplier.

Travel, labor and materials are included in monthly price if HW maintenance agreement is in force.

SOFTWARE MAINTENANCE

The software agreement is pursuant to the Terms of the Software Licensing Agreement https://www.teleportel.com/user-agreement and is considered to be an integral part of the latter.

Skilled labour is included.

Travel is included if the issue cannot be resolved over distance for reasons other than not having remote access.

The software monitoring and maintenance are provided remotely – via the Internet.

Installation of software patches, fixes, updates and upgrades required to keep the system operational. Ensure compatibility between software and hardware.

Proactively inform customer about potential or current problems and provide advise. Programmatical changes to the content such as updating screen layouts which have been provided by the customer (the actual design changes are not included. Content of slides -i.e. Screen layouts – can be provided at 45,00 €/slide/screen).

SIGNALING SERVER

Monitor server event logs for potential problems and inform the customer accordingly and in a timely fashion.

Monitor status and availability of the cloud services.

Perform server reboots General Server Maintenance. Ensure compatibility between the Server Software and the software / hardware of the individual components (Kiosk and Agent Workstation).

Disaster Recovery Service : switch to different server in case of server outage (contingency).

REACTIVE SUPPORT

The supplier will provide reactive support services to the customer. When the customer encounters an issue with the System, it can only be reported through this link https://www.teleportel.com/helpme using the private password that has been provided separately. Reporting problems via email and telephone, will lead to delays and waiting times.

This Malfunction Notification System enables the supplier to prioritise and handle the issues and anomolies correctly and rapidly. Moreover, it allowes correct reporting and measurement of the systems’ performance and the SLA.

At time of reporting the problem, the supplier will investigate the reported issue within max. 4 working hours (response time) and respond accordingly.

If this initial problem analysis indicates that an onsite intervention is required to replace or repair a hardware component, the response time typically varies between 4 and 8 working hours.

FEES

The Software Maintenance is included in the monthly licensing fees; which are compulsary.
The hardware maintenance (following the warranty period) is optional (not compulsary).

The Support fees are Invoiced quarterly, for the coming 3 months and are payable in the beginning of that period. This price covers what is described in this contract, with following conditions:

• Support will be provided during office working hours. These are also referred to as ‘standard hours’ and are Monday through Friday, 08:00- 17:00 (excluding Official Holidays and Bank Holidays).
• Outside coverage can be provided at a surcharge ranging from 35% to 100%, depending on the location, type of equipment and desired service levels.
• All initial Support will be provided on a remote access basis (via internet)
• In case of hardware malfunctions, onsite service will be provided during standard hours.

The fees are subject to annual revision (cfr. Belgium Consumer Price Index -CPI)

MISCELLANEOUS

• Notices. All notices permitted or required under this contract shall be in writing and shall be delivered in person, by confirmed facsimile transmission or by certified or registered mail, return receipt requested, and shall be deemed given upon personal delivery, receipt of confirmed facsimile transmission or five (5) days after deposit in the mail. Notices shall be sent to the Managing Director.
• Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder, except for the payment of money, on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, acts of terrorism, nuclear interference, material shortages or any other cause which is beyond the reasonable control of such party.
• Confidentiality. The terms of this contract shall be maintained in the strictest confidence by both parties and shall not be disclosed to any third party, and shall not be used by either party other than to fulfill its obligations of this contract. Both parties shall take all necessary measures to prevent disclosure of the terms of this contract by its employees, directors, shareholders, trading partners or any other person or company.
• Waiver. No waiver of any breach of this contract shall be effective unless in writing. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof constitute a waiver of any subsequent breach of any provision.
• Severability. If any portion of this contract is determined to be or becomes unenforceable or illegal, such portion shall be (i) modified to be made enforceable and legal in such a manner as to best effectuate the intent of the parties, or (ii) deemed eliminated where such modification is not practicable; the remainder of this contract shall remain in effect in accordance with its terms as modified by such modification or deletion.
• Consequential Damages Waiver. THE SUPPLIER WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, PATENT INFRINGEMENT OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Assignment. This contract shall not be assigned, transferred, or encumbered by either party without the prior written consent of the other party, which shall not be reasonably withheld. Any attempted assignment, transfer or encumbrance in violation of this section shall be void.
• Controlling Law. this contract shall be governed by the Belgian Law and the venue will be the Courts of Brussels.