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Service Level Agreement

  1. OVERVIEW

    This Service Level Agreement covers the Software as set out on venuelife.com (Site) Please see the exclusions set out below for what this SLA does not cover.

  2. DEFINITIONS

    Unless otherwise set out in the User Terms and Conditions, in this SLA the following words will mean:

    Emergency Maintenance means any maintenance deemed necessary to protect and maintain the security and integrity of the Software.

    Force Majeure Event means an event which is beyond a party's reasonable control including a fire, storm, flood, earthquake, explosion, accident, act of the public enemy, terrorist act, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, transportation embargo, unavailability of or interruption or delay in telecommunications or third party services, malware and virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics, or free scripts) and strikes by employees of a third person.

    Service Credit Request is defined in clause 6.4.

    Service Level means the service levels as set out in this SLA excluding any Excluded Events.

    Service Level Credit means the service level credit as set out in clause 6.

    Site is defined in clause 1.

    Software means the software provided at the Site.

    Software Fault is defined in clause 3.1.

    SLA or Service Level Agreement means this document.

    User Terms and Conditions are the terms and conditions for use of the Software as set out on the Site.

  3. SERVICE LEVELS

    3.1 Resolution

    We recognise that availability of the Software is key to your business and as such we will use best commercial efforts to resolve faults with the Software as soon as possible (Software Faults). We are unable to provide guaranteed resolution times as the nature and causes of Software issues can vary. In all cases, we will ensure that best commercial efforts are applied as quickly as possible to arriving at a resolution for the Software Fault.

    3.2 Uptime and measurement

    We will provide the Software in accordance with the Service Levels. Compliance with the Service Levels will be measured on a monthly basis.

  4. SOLE AND EXCLUSIVE REMEDY

    Despite anything to the contrary (including in the User Terms and Conditions), you acknowledge that your sole and exclusive remedy for our failure to meet any Service Levels is the issue to you of any Service Credits.

  5. EXCLUSIONS

    5.1 Exclusions

    We will not be responsible for a failure to meet a Service Level to the extent that failure is directly or indirectly attributable to:

    1. faults caused by any software, hardware or other components outside our network or not provided by us;
    2. any trial or beta software (being any software released to the market for testing and feedback);
    3. any trial period of the Software;
    4. a Force Majeure Event;
    5. a scheduled outage, being any outage windows scheduled by use when maintenance is required, which will occur 9 pm to 7 am AEST;
    6. Emergency Maintenance;
    7. any resource reduction directed and approved in writing by you despite our written notice from that such reductions may result in that failure or less than optimum performance;
    8. any modification, revision, variation, translation or alteration of the Software that are not authorised by us;
    9. failure of access circuits to our network or upstream providers, unless such failure is caused solely by us;
    10. issues with, POP, IMAP, or SMTP access;
    11. issues with your access to any software or portal provided by us;
    12. issues with access to Account settings provided by us to enable you to access the Software;
    13. the restoration of data from backup;
    14. your acts or omissions (or acts or omissions of others engaged or authorized by you), including, without limitation, custom scripting or coding, any negligence, wilful misconduct, or use of the Software in breach of the User Terms and Conditions;
    15. outages elsewhere on the internet that hinder or prevent access to the Software or your Account;
    16. browser or DNS caching that may make Software inaccessible to you when others can still access the Software;
    17. any outage caused, or substantially caused by your actions;
    18. IP address blacklisting by third parties,

    (the Excluded Events).

    5.2 Failure to pay

    We have no obligation to meet any Service Level or provide any Service Credits if:

    1. any undisputed invoice is overdue for payment;
    2. your Account is suspended for any reason; or
    3. the Software Failure is due to an Excluded Event.

  6. SERVICE LEVEL AND SERVICE LEVEL CREDITS

    6.1 Overview

    If you encounter a Software Error, you must log a support ticket with us via email at support@venuelife.com. On receipt of the support ticket, we will investigate the Software Error as set out in this clause 6:

    6.2 Software Availability

    Service Level (excluding any Excluded Events) Downtime (excluding any Excluded Events) Service Level Credit
    99.9% to 100% 43 minutes to zero minutes No Service Level Credit
    98% to 99.8% 43 minutes to 14 hours and 24 min 10% of the relevant month's Fees
    95% to 97.9% 36 hours to 14 hours and 23 min 25% of the relevant month's Fees
    90% to 94.9% 36 hours to 72 hours 50% of the relevant month's Fees
    89% and below More than 72 hours 100% of the relevant month's Fees

    6.3 Response time

    Definitions:

    Response means the number of our business hours before we respond.

    Restoration means a solution that enables the Software fault to be resolved, but restoration may not necessarily mean a permanent fix of the Software fault. Restoration of the Software may be achieved by:

    1. a permanent fix of the Software Fault; or
    2. a temporary work around; or
    3. rolling back to the most recent known stable version of the Software.
    Priority Assignment Definition Response Time Restoration Service Level Credit
    Critical Incident An error that renders the Software inoperable. You are unable to login to the Software. 1 business hour 2 business hours 25% of the relevant month's Fees
    Major Incident An error that causes the Software to be partially inoperative and the inoperative portion of the Software severely restricts your use of the Software. 2 business hours 6 business hours 10% of the relevant month's Fees
    Minor Incident An error that causes the Software not to comply with its specifications but does not severely restrict your use of the Software, which are still usable but with moderately limited functions. 1 business day 3 business days Not applicable
    Informational Incident An error that does not materially affect the operation of the Software, which is still usable. 2 business days Not applicable Not applicable

    6.4 Claim process

    1. To request a Service Level Credit under this SLA, you must send us an email to support@venuelife.com within 30 days of the relevant Software Fault occurring detailing your Account and all dates and times you consider we failed to meet the Services Levels (Service Credit Request).
    2. If we confirm our failure to meet the Service Levels, we will apply the Service Level Credit within two billing cycles after our receipt of the Service Credit Request.
    3. Service Level Credits are not refundable and can be used only towards future billing charges on your Account.
    4. Service Level Credits are not transferable.
    5. Despite anything to the contrary, you will not be entitled to any Service Credits that exceed 100% of the relevant month's Fees.
    6. You acknowledge we may charge you for fault resolution services at our then current time and materials rates if we respond to a request from you and determine that the fault was not caused by a breach of our obligations under this Agreement or was due to an Excluded Event.

 

For questions and notices, please contact us at:
Venuelife Systems Pty Ltd ACN 604 167 991
51 Bendena Garden, Stanwell Tops NSW 2508
support@venuelife.com

Last update:   1 August 2023