Service Level Agreement (SLA)

INTRODUCTION –  EZCOM eCommerce solutions

These terms and conditions govern the use of the EZCOM services. By contracting with EZCOM for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement.

The customer or the customer’s agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorized by the customer to contract on customer’s behalf.


SCOPE OF SERVICES

Support and maintenance services are to be provided by EZCOM Group and shall be, subject to the following specific exclusions:

  • Customization of the Software will be treated as a project outside the scope of this SLA and cost and fees for these services will be negotiated on an ad-hoc basis with the contracted client.
  • Changes to Services will be formally documented, agreed to and communicated to the parties.
  • Service will be provided in adherence to any related policies, processes and procedures.
  • Scheduling of all service related requests will be conducted in accordance with service descriptions.

 DUTIES & RESPONSIBILITIES

EZCOM Group shall:

  • Deliver to the client prompt, efficient and professional services as agreed and reflected in this agreement.
  • Meet response, repair, replacement times associated with the priority assigned to incidents and the service requests set out in this Agreement.
  • Give notification to the client representative for all scheduled maintenance via defined processes to deliver these services and or any change control procedures.
  • Assist client with knowledge, expertise and continuous improvements for a tailor made solution to meet their needs and expectations.

CLIENT DUTIES and RESPONSIBILITIES

The Client shall:

  • Pay the monthly service and license fees as per agreement.
  • Ensure the availability of a Manager or representative when resolving a service related incident or request.
  • If a suspected problem arises with the software, immediately report the problem in writing. Defects must be reported within the relevant coverage period, if longer than 7 days the client may be billed.
  • Management responsibility of the respective installed software shall remain the responsibility of the CLIENT for safekeeping and all related insurances.

All support requests must be logged with the Helpdesk via the following methods in Support procedure & Hours below.


DURATION OF SERVICE LEVEL AGREEMENT

This agreement will remain in force for the period of 36 months. A new agreement will have to be signed after the initial period expired to continue using the software with the monthly license fees.


SUPPORT PROCEDURE AND HOURS

Should an error in the system be experienced then the CLIENT or User must log a fault with the Helpdesk and will this fault only be deemed logged if contacted as per below methods with confirmation of a fault reference number.

REPAIRS

EZCOM will be entitled to assume that service provision to a subscriber is in good working order until such time as the subscriber advises EZCOM Support of any problems or service breaks.

Any faults or service interruption should be reported:

  • Online at http://support.ezcom.co.za or
  • By emailing support@ezcom.co.za or
  • By calling the EZCOM Client Services during office hours.

According to the circumstances of the service interruption and nature of the repairs required, both EZCOM will attend to faults reported by the subscriber during office hours and the relevant party will apply its reasonable endeavors to have the services restored in the shortest possible time.

If either EZCOM determines that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement with EZCOM, the subscriber shall be liable for payment of the relevant call-out charge as determined by EZCOM from time to time.

SUPPORT HOURS

The following support hours will apply:

  • Helpdesk email support – Monday to Friday 8:00 to 17:00, Saturdays 9:00 to 13:00 (Excluding Public Holidays)
  • Telephone Support – Monday to Friday 8:00 to 17:00 (Excluding Public Holidays.)

Any support matters and or faults not logged as per above shall fall outside the parameters of this agreement with the result that EZCOM Group shall not commit to any timeframe in which the underlying problem inherent in the support matter will be remedied.


RESPONSE TIMES – ADMINISTRATIVE MATTERS

After receipt by the accounts department of a matter logged with the Helpdesk will the accounts department respond within 48 hours during business hours being:

Monday – Friday: 8:00 to 17:00 (excluding Public Holidays)

Premium support packages may include extended support hours, please refer to your contractual agreement.


MAINTENANCE AND SERVICE

The 100% website uptime guarantee is applicable only if the web server on which a customer’s shared web hosting account resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the customer and the web server which prevents the customer from seeing the web server, e.g. if the customer’s ISP’s link to Internet Solutions (IS) goes down or is faulty, but the web server EZCOM hosts is still up we are not responsible for the customer not being able to reach their website.

EZCOM is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, customer’s internet connection, firewall service managed by IS). If the applicable web server is up and running at all times then the website will deemed to have achieved 100% uptime.

The 100% website uptime guarantee does not apply to any scheduled downtime for maintenance of any of the EZCOM web servers. If there is scheduled maintenance to be done the customer will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.

Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

DOMAIN REGISTRATION

EZCOM registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the EZCOM server(s) on behalf of customers. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by EZCOM.

Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

FREE DOMAIN REGISTRATION

Your free domain registration is provided with the clear assumption that you intend to host with EZCOM for the foreseeable future. If your intention is to just use our free policy to get your domain registered and then immediately cancel your hosting account then we will not pay for your registration. If, however you do have a legitimate reason for cancelling your account immediately, then we will review it on the merits and pay for your registration in good faith.

Our hosting and free registration is sold as a bundled package and cannot be separated, i.e. we will not pay for your registration if it is not combined with any of our hosting accounts.

EZCOM will not tolerate any intended abuse of our free registration policy. Any such abuse will result in the immediate termination of your account and Service Agreement.

HOSTING SERVICES

EZCOM does NOT provide SMTP mail services by default with any hosting packages. These are available on request at an additional charge.

EZCOM reserves the right to suggest suitable alternatives to the customer and / or charge for excessive traffic as it deems necessary at its sole discretion.

EZCOM reserves the right to suggest suitable alternatives to the customer for excessive Web Server Processor usage as it deems necessary at its sole discretion.

EZCOM reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a customer moves in excess of 2 GB traffic monthly then the customer will be contacted and various options will be presented.

EZCOM reserves the right (but does not assume any obligation) to inspect the contents of data that the customer transmits, receives or stores on an EZCOM Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.


MONTHLY COST AND PAYMENT TERMS

PAYMENT AND PAYMENT TERMS

The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first debit at the end of the subsequent month. Customer shall ensure that there are sufficient funds in the account, details of which have been supplied to EZCOM to cover such amount.

In the event that a debit order amount is recalled due to incorrect information supplied by customer or due to insufficient funds in the customer’s bank account the hosting of the website will be immediately suspended.

In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended.

In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R100 administration fee charged.

EZCOM may record the existence of the customer’s account with a Credit Bureau.

EZCOM may record and transmit details of how the customer has performed to a Credit Bureau, and how the account is conducted by the customer in meeting their obligations on the account.

CANCELLATION

A cancellation request in respect of any Domain Registration, Web Hosting or Support service must be completed by submitting written request to support@ezcom.co.za one calendar month (30 days) before the date of ceasing the service.

EZCOM reserves its rights to change its prices at any time on reasonable notice. EZCOM reserves the right to stop offering certain web hosting package types if it deems it necessary. EZCOM will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

LIABILITY FOR REGISTRATION AND USE OF DOMAIN NAMES

EZCOM has not and does not conduct pre-registration searches in respect of the customer’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.

The use or registration of the Domain Name by customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested.

EZCOM cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that EZCOM may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance EZCOM shall be allowed to provide a complainant with customer’s name and address and all further communication will exclude EZCOM and EZCOM will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by EZCOM until a court or other body with jurisdiction directs otherwise.


RETRIBUTIVE REDUCTION

EZCOM Group will pass a rebate based on a percentage of the monthly fee should it fail to adhere to this SLA as set out below:

  • For a failure exceeding 24 Hours to resolve its obligation as per this agreement on the EZ*Store uptime a 5% reduction on the following month’s monthly fee payments will occur.
  • For failure exceeding 24 Hours to resolve its obligation as per this agreement on the EZ*Speed a 5% reduction on the following month’s monthly license fee payments will occur.

An Independent Mediator will be appointed should there be any disputes as to the above mentioned rebates and its judgment on this matter will be final.

All SLA claims must be filed by opening a helpdesk ticket through our client portal within 7 days of the incident. The helpdesk ticket must include all relevant information including server name, IP address, full description of the incident and any logs (if applicable). All SLA credits will be issued as service credits against future invoices.

Clients currently in arrears for services do not qualify for SLA claims. Clients participating in malicious or aggressive activities thereby causing attacks or counterattacks, do not qualify for SLA claims and shall be in violation of the AUP.


ARBITRATION

Should any dispute arise out of this agreement, either party shall be entitled to require, by written notice to the other, that the dispute be submitted to arbitration. Any such arbitration shall be held under the provisions of the arbitration laws for the time being in force in the Republic of South Africa. The arbitrator shall be a suitable qualified independent person, agreed on between the parties, and failing such agreement within three days after the date on which the arbitration is demanded, appointed by the committee of the Arbitration Association of South Africa, at the request of either party.


VARIATION

No variation of this SLA shall be of any force or effect unless it is in writing and is signed by both Parties. This SLA contains all the terms and conditions of the agreement between the Parties with regards to service levels. The parties acknowledge that there are no understandings, representations, or terms between the Parties in regard to the minimum levels of service, other than those stated herein. No relaxation or indulgence which one Party may give to the other at any time whatsoever shall be construed as a waiver or prejudice the rights of any Party in terms hereof.


LIMITATION OF LIABILITY

In no event will EZCOM Group be liable for any incidental damages, consequential damages, special damages, indirect damages, loss of profits, loss of revenues, or loss of use, even if informed of the possibility of such damages. These limitations and exclusions will apply regardless of whether liability arises from breach of contract, warranty, deflect (including but not limited to negligence), by operation of law, or otherwise. Liability to EZCOM Group under contract, deflect or otherwise, shall, in no event exceed an amount equal to the price received by EZCOM Group from the Client for the Services in terms of this Agreement.


INTELLECTUAL PROPERTY RIGHTS

Although ownership in all Software, physical Equipment, components and equipment comprising the network and telecommunications infrastructure will vest in the Client and the User/Business owner, the abstract Intellectual Property inherent in said network & telecommunications infrastructure will at all relevant times remain the intellectual property of EZCOM Group, whether in terms of copyright, trade mark or patent, who is free to exploit same as it sees fit and to develop and build software, process and systems solutions for other third party clients now and in the future, without notice to or requiring permission from the Client, and irrespective of whether such development is undertaken during or after its engagement with the Client. Use of the Intellectual Property will be under license to the Client and User/Business owner, which license may be revoked on breach or default of the Client’s duties and obligations towards EZCOM Group Terms of this Agreement as the case may be.