SaaS Service Level Agreement (SLA)
Last modified on May 27, 2024
Introduction:
This Service Level Agreement (SLA) is between the User Client and UNIMENTIS, regarding the use of the Orasyo Software as a Service (SaaS) platform. Orasyo is a SaaS platform provided by UNIMENTIS, located in Vincennes, France.
Parties:
- Supplier (UNIMENTIS): Provider of the Orasyo SaaS platform.
- User Client: The individual or entity accessing and using the Orasyo SaaS platform.
Service Details:
- Service Name: Orasyo SaaS
- Subscription Plans:
- Monthly Studio Suite Audio Subscription
- Monthly Studio Suite Audio + Video Subscription
- Annual Studio Suite Audio Subscription
- Annual Studio Suite Audio + Video Subscription
- Payment Method: Online payments facilitated through a secure payment processor.
Effective Date: [Date of Acceptance by User Client]
Objectives:
- Ensuring the provision of reliable and high-quality SaaS services through Orasyo.
- Meeting company goals, marketing objectives, sales targets, and IT benchmarks.
- Providing a seamless user experience for the User Client.
Overview:
This agreement outlines the scope of services provided by Orasyo, including issue resolution, service commitments, performance standards, and data security measures.
Service Commitment:
- Orasyo commits to providing the User Client with access to the subscribed services as per the chosen subscription plan.
- The service shall be available 24/7, with guaranteed uptime as outlined below.
- In the event of downtime, Orasyo will work diligently to resolve issues promptly and efficiently.
- Orasyo pledges to maintain high performance standards in service delivery, ensuring optimal user experience and satisfaction.
- Performance metrics and Key Performance Indicators (KPIs) will be regularly monitored to ensure constant services.
| Support Package | Studio Suite Audio | Studio Suite Audio + Video |
|---|---|---|
| Email & Support Communication | ||
| Support languages | English, French | English, French |
| Severity 1 issue Support | 24/7 | 24/7 |
| Help Desk Support hours for all issues other than Severity 1 | 3AM ET – 8PM ET Monday - Friday | 3AM ET – 8PM ET Monday - Friday |
| Issue Classification | ||
| Required Monthly Availability | 99.5% | 99.5% |
Help Desk Support:
Maintenance and support services outlined herein are provided as an integral component of the selected Subscription Tier of Service.
- Our support help desk operates during the hours of 3am ET – 8pm ET from Monday to Friday, offering assistance exclusively in the English or French language.
- For urgent matters classified as Severity Level 1 Issues (as defined below), our assistance is accessible 24 hours per day, 7 days a week.
- However, during National Holidays or off-hours (between 8pm ET and 3AM ET), as well as on weekends, support for Severity 1 issues necessitates direct engagement via email.
- To initiate support, you have the option to ask a Support assistance through the contact us page , or reach out via email at support@orasyo.com.
- For all Subscription Tiers, it is imperative to generate a Support Request for Severity 1, Severity 2, and Severity 3 issues.
- Any issues conveyed to entities or personnel other than Orasyo (aka Supplier), or from unregistered individuals, will be treated as Severity 4 issues.
- By initiating a Support Request, you grant authorization to the Orasyo technical support team to access, download, or duplicate any pertinent data required for troubleshooting the reported issue. Should any concerns arise regarding this authorization, please communicate with your Orasyo support team interlocutor.
- Direct communication with an account manager, project manager, technical contact, or management representative is excluded from Issue Response and Resolution Times.
- By submitting a support request, you authorize the Orasyo technical support team to access, download, or duplicate any data necessary for the duration of the issue's resolution process. If any apprehensions regarding this authorization arise, please liaise with your Orasyo support team interlocutor.
Supplier Support Response and Resolution Commitment:
Issue Classification
In accordance with the stipulated criteria outlined below, we shall designate a priority level (Severity 1, Severity 2, Severity 3, or Severity 4) to each reported Issue:
- Severity 1: In cases where the Customer is unable to utilize a significant portion or the entirety of a product or service, such as instances where most pages fail to load or display error messages, or where there is imminent data corruption or loss.
- Severity 2: When the Customer encounters hindrances in executing critical business processes, such as saving or exporting files, affecting a substantial number of users. Additionally, when Services exhibit usability with constrained functionalities and/or intermittent disruptions that significantly impact business operations.
- Severity 3: Instances where the primary functionality of the product is severely compromised and renders it unusable. Customers may find themselves unable to utilize a core feature to its full extent, while data display discrepancies may occur without resulting in data loss. Furthermore, in scenarios where no commercially viable workaround is available to customers.
- Severity 4: Where certain customers experience sporadic errors on product pages or encounter challenges in utilizing the product in unconventional manners. This may manifest as slow or partial loading of the product, potentially missing images. However, a workaround is available for affected customers.
Note on Issue Submission: Customers are advised to exercise their discretion when submitting tickets to identify the severity of the issue. For instance, confirmation with every user may not be necessary for a Severity 1 issue. A reasonable verification process involving multiple colleagues from varied locations to rule out local internet issues suffices. Following engagement, Orasyo support team reserves the right to assess the situation and, at its discretion, reclassify the issue to the appropriate severity level.
Response and Resolution Timeframes
This agreement delineates the response and resolution commitments as follows:
| Issue Classification | Response Timeframe | Resolution Timeframe |
|---|---|---|
| Severity 1 | Within 30 minutes | Within 8 hours |
| Severity 2 | Within 4 hours | Within 2 business days |
| Severity 3 | Within 8 hours | Within 4 business days |
| Severity 4 | Within 48 hours | Not Applicable (resolution not guaranteed) |
These designated response and resolution timelines serve as the benchmarks for the provision of services under this SLA.
Exceptions and Exclusions:
- Exclusions to the service provision may include scheduled maintenance windows, force majeure events, and actions taken by the User Client that impact service availability.
Recovery Point Objective
- In the occurrence of a substantial service disruption, the Recovery Point Objective (RPO) shall be minimized to the greatest extent feasible.
- Customer data is backed up at the same time.
- In the event of force majeure circumstances posing a substantial risk to data integrity, we reserve the right, under exigent circumstances, to initiate data restoration to a subsequent recovery point without prior consent.
Service Credits:
- In the event of service disruptions beyond agreed-upon levels, Orasyo may provide service credits to compensate for the inconvenience caused to the User Client.
- We affirm our commitment to maintaining the accessibility and functionality of our Services in accordance with the Required Monthly Availability. In the event of any deviation from this standard, we will provide a service credit. It is imperative to note that service credits are not automatically granted; user clients are required to promptly submit a request for consideration. Furthermore, the User Client cannot claim a service credit if they allege service inactivity during its active state.
- The calculation of the service credit amount will be based on the applicable credit percentage delineated in the table below, multiplied by the prorated monthly or annualy subscription cost associated with the affected service. This credit will be applied to the subsequent subscription invoice.
| Availability | Service Percentage Credit |
|---|---|
| 99.50% - 100.00% | 0% |
| 98.00% - 99.49% | 5% |
| 95.00% - 97.99% | 10% |
| Less than 94.99% | 15% |
Customer Responsibilities:
- The User Client is responsible for adhering to the terms of service and payment obligations outlined in the subscription agreement.
- Any necessary data or information required for the optimal usage of Orasyo SaaS shall be provided by the User Client.
- Non-Payment or Delayed Payment:
The User Client must avoid Non-Payment or Delayed Payment of subscription fees outlined in the agreement. Failure to fulfill payment obligations within the specified timeframe may result in suspension or termination of services, as per the terms of the SLA. - Misuse of Resources:
The User Client is obligated to refrain from Misuse of Resources, including but not limited to excessive consumption of bandwidth, storage, or computational resources beyond the agreed-upon limits defined in the SLA. Any usage exceeding the allocated resources may incur additional charges or service restrictions. - Unauthorized Access or Sharing of Credentials:
The User Client is expressly prohibited from Unauthorized Access or Sharing of Credentials to the SaaS platform. Any unauthorized sharing, distribution, or use of login credentials may lead to immediate suspension of services and legal action for breach of security protocols. - Violation of Acceptable Use Policy:
The User Client must adhere to the Acceptable Use Policy outlined by the SaaS provider. Any Violation of the Acceptable Use Policy, including engaging in illegal activities, spamming, phishing, or distributing malware, will result in account suspension or termination without prior notice. - Data Breaches or Loss:
The User Client is responsible for safeguarding sensitive data and complying with data protection regulations. In the event of Data Breaches or Loss resulting from the User Client's negligence or non-compliance with security protocols, the User Client shall bear full responsibility for any damages or liabilities incurred. - Refusal to Provide Necessary Information:
The User Client agrees to cooperate with the SaaS provider by promptly providing Necessary Information and access required for troubleshooting or resolving issues related to the services. Refusal to provide such information may impede the resolution process and result in prolonged service disruptions. - Interference with Service Performance Testing:
The User Client shall not engage in any activities that interfere with Service Performance Testing conducted by the SaaS provider. Deliberate interference or manipulation of performance metrics may result in immediate termination of services and legal action for breach of contract. - Non-Compliance with Contractual Obligations:
The User Client acknowledges and agrees to comply with all Contractual Obligations outlined in the SLA. Failure to adhere to usage restrictions, limitations, or other terms specified in the agreement may result in penalties, including but not limited to fines, service restrictions, or termination of services. - Unreasonable Support Demands:
The User Client is expected to make reasonable requests for support services and refrain from making Unreasonable Support Demands that exceed the scope of the agreement. Any excessive or unreasonable demands on customer support resources may result in additional charges or limitations on support availability. - Negative Publicity or Reviews:
The User Client shall refrain from engaging in activities that generate Negative Publicity or Reviews detrimental to the reputation of the SaaS provider. Any public criticism or dissemination of false information without attempting to resolve issues through proper channels may result in legal action for defamation and termination of services.
Exclusions:
The following situations are expressly excluded from this agreement:
- Service interruptions resulting from network or hardware failures beyond the control of the SaaS provider.
- Disruptions caused by third parties or external security incidents.
- Interruptions resulting from misuse or negligence on the part of the User Client.
- Scheduled maintenance periods and system updates.
- System failures due to unforeseeable circumstances or force majeure events.
- Cases where the User Client has not complied with its contractual obligations, including payments late or failure to comply with acceptable use policies.
- Disruptions resulting from unauthorized use or fraudulent access to systems.
- Incidents resulting from unauthorized modifications made to the system by the Client User or some thirds.
Terms of Termination or Cancellation:
- Termination of this agreement may occur due to a breach of contract, non-payment, or by mutual agreement between the parties.
- Cancellation before the end of a term may incur additional fees as specified in the subscription agreement.
Contract Management:
- Renewal processes, changes to pricing, and other modifications to the SLA shall be communicated in advance by Orasyo to the User Client.
- Escalation procedures for resolving disputes or issues shall be outlined in a separate document provided by Orasyo.
Indemnification and Limitations of Liability:
- Both parties agree to indemnify and hold harmless each other from any liabilities arising from the use of Orasyo SaaS.
- The liability of Orasyo is limited to the extent permitted by law.
Governing Law:
This SLA shall be governed by and construed in accordance with the laws of France.
Acceptance:
By accepting the terms of service, the User Client agrees to abide by the provisions outlined in this SLA.