Email Solutions Service Level Agreement (SLA)

Agreement Overview

This Agreement represents a Service Level Agreement ("SLA" or "Agreement") between Buzinessware FZCO ("Buzinessware", "Service Provider", "We" or "Us") and Customer ("Client", "Member", or "You") for the provisioning of Email Solutions (Buziness Email, Hosted Exchange, Exchange Online, Office 365, Microsoft 365) to customer and required support level to sustain the service.

This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.

This Agreement outlines the parameters of all IT services covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.

A. Buziness Email

These Buziness Email Service Terms and Conditions are supplemental to the General Terms and Conditions, including the Acceptable Use Policy and Anti-Spam Policy and apply to the provision of the Buziness Email Service by Buzinessware FZCO ('buzinessware'). The ordering of Buziness Email Service from Buzinessware constitutes acceptance by the Client of the General Terms and Conditions and these Buziness Email Service Terms and Conditions. Buziness Email Service reserves the right to amend these Buziness Email Service Terms and Conditions at any time and without notice to the Client.

1. Scope of the Agreement
1.1. These Buziness Email Service Terms and Conditions govern the provision of Buziness Email Service by Buzinessware to the Client ('the Services').
1.2. The Services consists of Buzinessware making a partition on a commonly used email server available to the Client with certain functions made available to the Client through a control panel.
1.3. The Services are not subject to any fixed term contract.
1.4. Provision of the Services is subject to the storage quota specified for each Buziness Email Service.
1.5. Buzinessware shall notify the Client by email if the Client is approaching the quota and request that the Client make changes to its account to remain within the quota. Once the client meets or exceeds its quota then incoming emails will be returned to sender as undeliverable.
1.6. In the event that the Client exceeds the quota then Buzinessware reserves the right, by written notice to the Client, to request that the Client upgrade to an Buziness Email Service with a higher quota or, where the maximum quota allowable has been reached, to delete the content in excess of the quota. Clients are required to manage and effectively change their email storage through the control panel within 7 working days of request.
1.7. Buzinessware further reserves the right to suspend the Services in the event that the Client: i) exceeds its mail quota; ii) fails to make any payment due to Buzinessware; iii) fails to renew its agreement for the Buziness Email Service; iv) cancels its agreement for the Buziness Email Service and/or v) when requested to do so by a competent legal, regulatory or governmental authority.
1.8. Buzinessware shall endeavor to reinstate a suspended mailbox when the Client has, within 15 days of the suspension, brought the mailbox storage under the mail quota amount.
1.9. If, within 15 days of a suspension being imposed, the Client has failed to remedy the reason for the suspension being imposed then Buzinessware shall be entitled to permanently delete the Customer's mailbox and all content therein.
1.10. Clients are required to log into their webmail accounts on a regular basis, no less than monthly, for webmail specific content to remain active. If, after six months, no login has been made then the webmail service and any webmail content will be permanently removed.
1.11. The Customer represents and warrants that it has, or has access to, knowledge and expertise required to configure, maintain and monitor the Buziness Email Service.
1.12. The Customer accepts that Buzinessware will have access to any material stored in the Customer's mailbox and may, from time to time, require access to such material.

2. Service Delivery
2.1. While Buzinessware shall make commercially reasonable efforts to maintain the uninterrupted provision of the Services there are various factors outside of Buzinessware's control that may make the Services unavailable from time to time. Accordingly, Buzinessware cannot guarantee that the Services will be uninterrupted or error free.
2.2. To the fullest extent permissible by law, the Services are provided by Buzinessware on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind is given in connection with the Services including as to satisfactory quality or fitness for a particular purpose. In particular, Buzinessware gives no warranty or representation that:
2.2.1. the Services will meet the Client's requirements;
2.2.2. the Services will be provided on an uninterrupted, timely, secure or error-free basis;
2.2.3. any results obtained from use of the Services will be accurate, complete or current; or
2.2.4. that the Services will be compatible with any files or software used by the Customer.
2.3. If the Customer upgrades or downgrades its package or restores the default settings in the control panel then such changes will take effect immediately. Accordingly, Buzinessware will not be liable for any loss of data or other consequences as a result of such actions.

3. Fees
3.1. The fees for the Services shall be as set out in the order confirmation or such other fee as notified to the Customer from time to time.
3.2. Any renewal of the Services shall be subject to the prevailing fee at the time of renewal as advertised on Buzinessware's website.
3.3. If the Client upgrades its package during the term of the Agreement then the price difference, calculated pro-rate for the remainder of the then current charge, will be payable immediately by the Customer.
3.4. If the Client opts to downgrade its package during the term of the Agreement, then no refund or credit shall be given. Renewal of the Services will then be at the price of the downgraded package.

4. Remedies and Limitations
4.1. Buzinessware's total liability in relation to the Services, and under this Agreement and these Email Hosting Terms, whether in respect of any breach of this Agreement, negligence, any act or omission of Buzinessware whether intentional or otherwise, shall be limited to the total fees paid by the Client to Buzinessware in the twelve months preceding the event giving rise to the liability.
4.2. Under no circumstances shall Buzinessware be liable for any loss of profits, loss of business or any indirect, special, exemplary, punitive, incidental or consequential loss or damages.
4.3. Buzinessware accepts no responsibility for any delay, lack of connection, slow connection, loss of data, loss of usability or any similar or related issues due to, but not limited to, any of the following:
4.3.1. the active or passive negligence of Buzinessware, the Client or any third party;
4.3.2. downtime due to scheduled or emergency maintenance;
4.3.3. an upgrade, downgrade or other alteration to the Services;
4.3.4. hard failure (including issues caused by other users on the hardware);
4.3.5. incompatibility; or
4.3.6. the Customer's error.
4.4. Buzinessware may limit or deny access to the Services and to Buzinessware's systems in the event that, in Buzinessware's sole judgement, such action is required to prevent damage to the network (including software and stored data) or to ensure the integrity or security of the network.

B.Exchange Online & Office365

1. Buzinessware's Email and Anti-Spam Policy is applicable to all Exchange Online & Office365 Plans.
2. Buzinessware keeps right to restrict global admin access at its sole and absolute discretion.
3. Buzinessware Online Exchange & Office365 services are not subject to any fixed term contract.
4. Customer shall click below link from Microsoft for Service Level Agreement. http://www.microsoftvolumelicensing.com/Downloader.aspx?DocumentId=13322
5. Buzinessware is no way liable for any loss of mails, profits, or business due to downtime or delay in mail delivery as Buzinessware do not have any control on servers of MICROSOFT from where Online Exchange & Office365 runs.
6. LIMITATION of LIABILITY and INDEMNIFICATION mentioned in Buzinessware's General Terms and Conditions are applicable to Online Exchange & Office365 service too.
7. Buzinessware keeps right to terminate or Suspend Customer's Accounts/License without prior notice at its sole and absolute discretion, if any breach of Buzinessware's Terms of Service or Microsoft's Terms & Conditions noticed.

Uptime: 99.9%

Support Availability: 24/7/365

Response Time: 8 Hours

 

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