1. Description of Service. Alcea Technologies, Inc., of 2197 Riverside Drive, Suite 204, Ottawa, Ontario, K1H 7X3 (Vendor) provides hosting of the FIT (Fast IssueTrack) Issue Management Platform (Software or System). The hosting service (Service) covers access to the FIT software, storage of data on behalf of the Customer, server maintenance and software support as defined within this agreement.
2. System Hosting. Alcea Technologies hosts FIT software systems on our own servers located in secure, state of the art data centres across North America. All of these locations are equipped with redundant systems and are physically secured and monitored 24/7. Data is backed up between data centres every 24 hours. In the event of a catastrophic failure, Alcea will activate a mirror of your system from a different physical location. Physical access to Alcea Technologies servers is limited to the technicians performing hardware maintenance at the data centres and the Alcea Technologies technical team are the only individuals able to login to access the systems on these servers. As part of the system hosting service, Alcea will be responsible for the configuration of any settings specific to the operation of the system on the server.
3. Application Availability Guarantee. Alcea Technologies guarantees 99.5% application availability; the highest level that can be delivered by todays technology. This equates to less than five hours of downtime per year after time of discovery. If your system downtime exceeds this limit, your account will be credited for the amount of downtime, not to exceed 50% of the total monthly recurring charge. There are many situations that are beyond the control of Alcea Technologies, and therefore are not in the scope of this SLA. These situations include: scheduled network maintenance, hardware maintenance, software maintenance, acts of omission or error by the Customer, condition of Customers hardware or bandwidth of Customers Internet connection, malicious attacks, infrastructure unavailability and force majeure. This guarantee does not include the time it takes to perform additional software or hardware related maintenance. Regular maintenance is conducted outside of regular business hours, in the evening or on weekends (EST), unless otherwise requested or agreed to by our customers. Problems are required to be reported to Alcea Technologies upon discovery and a guarantee claim made within 10 days of discovery.
4. Software Support. Alcea Technologies is committed to helping you get the most out of the FIT Issue Management Platform software. Hosted systems will always be up-to-date with new releases, revisions, updates, fixes, patches and/or bug corrections. The Alcea Support Team is available to troubleshoot any problems related to the softwares performance and operation and answer questions about the set-up, use and administration of the system. Feature requests are encouraged – however we do not guarantee that requests will be integrated into the system and such work needs to fit into our production cycle.
5. Application/Hosting Support Contact Points. To report a problem or make an inquiry, Alcea Technologies Technical and Support Staff are available via toll free phone support (8AM-4PM EST), and in addition, they are available outside of business hours using our online helpDesk or by email.
a. Phone: 877-321-4463 (North America) or 613-563-9595
c. Email firstname.lastname@example.org
d. Online Resources http://fittrackingsolutions.com/support/
6. Service Cancellation. Customer is responsible for all fees until written notice of service cancellation is received. Once cancellation notice is received, the Customer is responsible to pay to the end of the current month.
7. Permitted Users. Based on the SLA, a hosted system customer is licensed to allow access to a certain number of users. A User is defined as an individual who has an account to login to the FIT system to view, edit and create reports within the system. We do not include individuals entering information through the anonymous entry feature (guest, email polling or web form) as users. Users may include, but are not limited to, a Customers agents, contractors, service providers, clientele, partner organization or vendor. It is the Customers responsibility to manage user accounts and groups.
8. Alcea Technologies Intellectual Property Rights. The Customer acknowledges that this agreement covers the usage of the FIT software and does not offer any title, right, interest, license or warranty to or on the software itself.
9. Customer Intellectual Property Rights. Alcea Technologies claims no ownership rights or control over any data or content submitted, posted or displayed using the FIT software on our hosted servers.
10. Content of the Service and Proper use. Alcea Technologies takes no responsibility for the content entered into the system by the customer, nor does Alcea have any obligation to monitor such content (including, but not limited to, any text, images, video, or other files submitted, attached or uploaded to the Alcea severs or files linked to from external sources that may contain viruses or other disabling features). The customer agrees that they are using the system in compliance of all applicable laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
11. Storage and Bandwidth. Alcea Technologies reserves the right to limit the amount of space required to host your data and transfer bandwidth.
12. Copyright. Alcea Technologies retains ownership of all copyrights. Any use of trade names, service marks, logos and other distinctive brand features must be in compliance with this agreement; any other use must be agreed upon in writing.
13. Representations and Warranties. The Customer represents and warrants that all of the information provided to Alcea Technologies by you is correct and current; and that you have all of the necessary right, power and authority to enter into this agreement and perform the acts required of the Customer hereunder.
14. Indemnification. You, the Customer, agrees to hold harmless and indemnify Alcea Technologies, and its affiliates, officers, agents and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs, attorneys fees, of every kind and nature. In such case, Alcea Technologies will provide you with written notice of such claim, suit or action.
15. Choice of Law; Jurisdiction; and Forum. This agreement constitutes the entire agreement between Alcea Technologies and the Customer and governs your use of the service. The failure of Alcea Technologies to exercise or enforce any right or provision of the SLA shall not constitute a waiver of such right or provision. Should any provision of the SLA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the SLA remain in full force and effect. This agreement will be governed by and construed in accordance with the laws of the Province of Ontario. Any legal proceedings, claims or litigation arising in connection with the service will be brought solely in Ottawa, Ontario, Canada, and you consent to the jurisdiction of the courts.