Umowa o świadczeniu usług

Terms

These terms of service level is an Agreement between a Legal Entity, PEOPLEFORCE LTD, incorporated and operating under the laws of England and Wales, company number 12537808, with its registered office at 10 John Street, London, WC1N 2EB, United Kingdom (hereinafter referred to as the “Service Provider”)  and any natural person, individual entrepreneur or legal entity (hereinafter referred to as the “User”), and hereinafter jointly referred to as the Parties.

This Service Level Agreement (SLA) defines the level of service the User expects from the Service Provider, laying out the metrics by which service is measured, as well as remedies or penalties should agreed-on service levels not be achieved. 

Together Parties concluded this Service Level Agreement (hereinafter referred to as the “SLA”), which mutually agreed on the following:

Goals and Objectives
The purpose of this SLA is to ensure that the proper elements and commitments are in place to provide provision of PeopleForce virtual platform technical support services.
The goal of this SLA is to reach a mutual agreement on the provision of technical support services between the Service Provider and the User
The objectives of this SLA is to provide services to the User for technical support of the software, namely the  PeopleForce virtual Platform, in accordance with the terms of this Service Level Agreement to ensure the normal functioning of the software (hereinafter referred to as "Services").

1.  Definitions:

Table 1 


2. Types of errors, determination of their level of criticality:

Table 2

3.  General provisions of technical support services

All Services are provided by the Service Provider only at the relevant User's Request.
All Services are provided in accordance with the order of Services provided in this SLA.
The Service Provider does not provide technical support for client workstations.
Technical support of the software is provided by the Service Provider based on the principle of exclusivity, i.e. no other natural or legal entity can provide technical support of the software to the User, the terms and scope of which fully or partially coincide with the terms and conditions described in this SLA.
The User can use the TSS only within the validity period of the Service Agreement for the use of the PeopleForce Virtual Platform (hereinafter referred to as the “Service Agreement”).
If necessary, the Service Provider can provide remote access to the User's information systems via the Internet in order to analyse problems. Service Provider personnel will access only those systems to which access is permitted by the User. To receive assistance through remote access, the User must provide the Service Provider with appropriate access and the necessary equipment.
In order to provide technical support, the Service Provider has the right to request the User to provide information related to account data, technical characteristics of the equipment.

4. The procedure for providing technical support services and ensuring system performance.

Electronic requests for technical support are accepted 8 (eight) hours a day, 5 (five) days a week.
All Requests are submitted by the User or the User's contact persons to the TSS e-mail: [email protected]. , or the User applies to the support chat (within the period stipulated by the SLA).
Technical support is provided to the User on business days and during business hours.
System update works and preventive works are carried out by the Service Provider during the hours of the lowest system load, in particular on holidays and weekends, as well as at night from 22:00 to 06:00.
If necessary to eliminate a Critical Incident or problem, technical services can be provided during business hours, if they do not interfere with the stable operation of the software.
In case of receiving a request for technical support, the period of solving problems depends on the priority of the request (Table 3).

5. Service levels, rankings, and priority:

Table 3

6. Definition of the main functionality of the software:

Table 4

7. Exceptions and limitations:

The platform consists of various modules that can work both independently and in combination with other modules.
The Service Provider can guarantee the normal operation of the Software (Platform and its modules) during the entire time for which it is provided for use, only if the User observes the compatibility of the purchased modules.

8. Service availability:

Table 5
 
Note: If the User's request is received by the technical support service after 17:50 UTC+2 (UTC+3 in Summer time), TSS has the right to consider such a request on the next working day starting at 10:00 a.m.

9. Processing the Customer's requests on non-working days and non-working hours:

In case of receiving a request from the User regarding a Critical Incident during non-working hours and/or non-working days of the Service Provider, TSS must respond to such a request within 3 (three) hours from the moment of its receipt and provide technical support (restore the operation of the main functionality of the software) no later than 48 hours.
In the case of receiving a request from the User regarding a critical problem during non-working hours of the Service Provider, TSS must respond to such a request on the first working day no later than 11:00 UTC+2/UTC+3 and provide technical support for restoring the normal operation of the software according to Table 5.
In the case of receiving a request from the User regarding a non-critical problem during non-working days of the Service Provider, the TSS must return no later than Monday 11:00 UTC+2/UTC+3 to the user and provide technical support for restoring the normal operation of the software according to Table 5.

10. User’s processing requests 

On working days and during working hours, the User informs the Service Provider in writing (by e-mail, to the TSS address/support chat) about the occurrence of a request for technical support of the software.
TSS, in turn, on the same day informs that it has taken the matter into work, and may also contact the User for additional questions by phone or email;
TSS assesses the criticality of the technical problem and the criticality of the response and, in accordance with the classification of the problem, informs the User about the possibility and approximate term of restoring the full operation of the software.

11. Software integration with other systems

With the agreement of the Parties to this SLA, the Software Platform (its modules) can be integrated with other systems (both with the User's systems and with the Service Provider's systems).
In the event of a problem with the software integrated with another system, the User has the right to contact the Service Provider with a corresponding Request for technical support in accordance with Section 4 of this SLA.
The User understands and accepts the conditions that in the event of a problem with the software integrated with another system, the time of providing technical support by the Service Provider may exceed the period specified by the Parties in Tables 3,4,5 and Section 9, since, in particular but not exclusively, the term of checking the corrected version of the software depends additionally on the term of its checking by the service where the integration is placed, and in this case the Service Provider cannot guarantee the time of its review.

12. Requirements for the User's software

For the full and correct operation of the Service Provider's software (Platform, its modules), the User must comply with the following technical requirements:
  • Use one of the listed browsers of the latest version, such as: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari, Opera.
  • Allow the use of Сookies.
  • Enable JavaScript.
  • Check the settings of his/her personal and/or corporate Firewall (a program that protects a computer/local network from destructive actions from the Internet) or proxy server so that they allow JavaScript.
  • The User understands and accepts the conditions that in case of non-compliance by the User with the requirements of clauses 6.1.-6.4. of this SLA, the Service Provider cannot guarantee the User uninterrupted, full-fledged and correct operation of the software, as well as ensure the normal operation of the platform during the entire time it is provided for use.

13. Rights and obligations of the Parties.

The User has the right to:
  • notify the Service Provider about detected errors in the software;
  • require the Service Provider to eliminate identified errors in the software conditions defined by this Agreement;
  •  to submit applications for the provision of Services to the Service Provider.
 The Service Provider has the right to:
  • receive from the User the information necessary to fulfil the obligations under this Agreement.

14. The User's obligations: 

Ensure the availability of a secure access channel to its internal corporate network for remote access of the Service Provider's specialists to the software, for the purpose of administration, testing and monitoring of the software. This access must be opened by the User for the period of provision of Services in accordance with the terms of this SLA.
Provide the necessary assistance in the provision of Services by the Service Provider, namely: provide the Provider (its authorized persons) with unhindered access to the software, provide all available to the User and the necessary information and documentation for the provision of Services in accordance with this SLA (at the request of the Service Provider).
Provide access to information that the Parties consider necessary for the provision of Services, in compliance with confidentiality requirements to the extent and on the terms agreed by the Parties. If necessary, provide documentation, as well as test data in the amount and quality necessary and sufficient to solve the tasks of software integration with the User's information systems.
Notify the Service Provider in a timely manner of any changes in circumstances beyond the User's control, but affecting the Service Provider's performance of its obligations under this SLA.
Comply with the software requirements specified in section 6 of this SLA.

15. The Service Provider’s obligations:

To provide the Services in a high quality, on time and manner, in full accordance with the terms of this SLA.
Provide the User with verbal and, if necessary, written consultations on software architecture, software support and configuration.
Carry out the necessary regular software maintenance work to maintain the normal operation of the Platform.
Immediately inform the User in writing about all technical and software changes to the software affecting its functionality.
Eliminate errors/bugs in the software independently and at its own expense within the specified time limits in accordance with this SLA within the framework of the Services Agreement.

16. Responses and Responsibilities

The User’s responsibility:
The User is responsible for monitoring the functionality of the Software, administering the Software servers and administering the Software.
Responsibility of the Service Provider:
The Service Provider is responsible for solving incidents in the operation of the software, ensuring the normal functioning of the software 24/7.
17. Compensation for damages. The User  has the right to compensation for losses suffered as a result of non-fulfillment or improper fulfilment by the Service Provider of its obligations under this SLA, namely in the event that:
  • After the User made a request to the TSS in accordance with the requirements of this SLA, the User did not receive the technical support service or received it in violation of the terms specified in Table 5 of this SLA, which made it impossible to use the main functionality of the software (and in the absence of a temporary solution for accessing the main functionality of the software) and/or led to a complete stoppage of the software for more than 8 hours in a row;
  • After providing the technical support service, the User did not have full access to the platform and could not fully use the software, which made it impossible to use the main functionality of the software (and in the absence of a temporary solution for accessing the main functionality of the software) and/or led to a complete stoppage of the software more than for 8 hours in a row;

The User has the right to compensation in the amount of 5% for each day of inability to use the main functionality of the software, which is calculated from the amount paid by the User for 1 (one) calendar month of using the module or modules to which the User did not have access (the main functionality of which the User could not use) due to the Service Provider's fault.
The compensation can be transferred to the User's account within 14 calendar days from the moment the service is restored or upon the agreement of the Parties to this SLA, this compensation can be credited as a discount for the next period of use of the Platform.
In case of early termination of the Agreement on the provision of services for the use of the PeopleForce virtual platform by the User, due to the impossibility of using the main functionality of the software (and provided there is no temporary solution to access the main functionality of the software) for more than 24 hours in a row, the Service Provider will return to the User the funds paid for the unused period of using the Platform (its modules), within one calendar month from the moment of termination of the Agreement , while the User is not entitled to compensation of damages in the amount of 5% for each day of inability to use the main functionality of the software.
The total amount of compensation for damages related to non-fulfillment or improper fulfilment by the Service Provider of its obligations under this SLA cannot exceed the amount of the total cost of using the Platform (its modules) in accordance with the Service Agreement.


18. Acceptance of provided services.

The Parties have agreed that in the case of existing comments from the User to the TSS, the User has the right to send a reasoned Claim to the address of the Service Provider [email protected] within 3 working days from the moment of receiving the technical support service.
The Service Provider is obliged to consider the User's Claim within 14 working days from the moment of its receipt and provide a reasoned answer.

19. Term

This SLA will be valid for the entire term of the Service Agreement.
In the event of early termination of the Service Agreement, for any reason, this SLA shall also automatically terminate from the moment of termination of the aforementioned Agreement.

20. Other conditions

The Service Provider has the right to unilaterally change the terms and conditions of this Agreement, the procedure, the scope of services provided, etc., and notify the User by publishing the relevant information on the Service Provider's website. 
All notices, requests, demands and other notices within the framework of this Agreement must be made in writing and carried out by email.