Twig Com Service Level Agreement

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Twig Com Service Level Agreement

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1. TWIG Com – Service Level Agreement Version 1.1 – October 2019 1. GENERAL This Service Level Agreement (“SLA”) is a policy by Oy TWIG Com Ltd (“TWIGCOM”, “Us” or “We”) to all users of Services (“End User“ or “You”) and governs the use of any and al l cloud services provided by TWIGCOM with the brand name TWIG Point (“Service”) under the TWIGCOM Term s of Service (“Terms of Service”). We may review this SLA by time to time by providing an amended SLA in Our website and informing You thirty (30) days prior its entry into force. By using the Services, Y ou agree with the terms of amended SLA. Unless otherwise provided herein, this SLA is subject to the provi sions of the Terms of Service. 2. SERVICE COMMITMENT We will use commercially reasonable efforts to make Ser vice up and running and available for You, however, taking into account the fact that our Services are in the mode of cons tant development. We assure to use reasonable efforts to develop the quality and functionality of Services and provid e support for all End Users using products manufactured by TWIGCOM, either directly or through our distribut ion partners. We are using third party hosting services with guaranteed monthly uptime percentage of 99,99 during a monthly cycle. We commit to provide Service to You with a monthly up time percentage of 99,95. A monthly uptime percentage means a level of Service in which You will exp erience no more than 23 min/month of downtime during a calendar month. Downtime means the time the Service is not available and a ccessible by You. Downtime is calculated as minutes as set above. The following occasions are excluded and not deemed to be downtime: - scheduled maintenance of our Services - Service unavailability due to force majeure events, which ar e events beyond Our or Our subcontractor’s direct control, including, but not limited to, failure of unavailability of internet; - Service unavailability due to a reason attributable to You, such as Your system restrictions, Your bandwidth restrictions, Your acts or omissions or anything similar; - Your mobile connections is not operating properly; - Service is inaccessible due to Your lost user account informat ion; - Service is inaccessible due to actions or omissions by Your local Service provider; - Javascript is disabled in Your browser; - cookies are disabled in Your browser; - Your browser is not updated with necessary updates by browse r provider; - Incorrect API integration by You or Your subcontractor, when us ing Services over an API or protocol, such as TWIG Point API or TWIG MPTP; and - Unavailability or defect of a TWIG device or TWIG devices, whether due to user error, faulty configurations or device failure. Please contact TWIG Support at for device technical support, software updates and repair services. 3. TECHNICAL DETAILS ON HOSTING We may provide Services by hosting Services in servers lo cated worldwide and thus We cannot explicitly indicate the exact location of your information. However, in the course of providing the Services subject to data protection laws of the European Union, we assure the location of our Servers inside the European Union. 4. SUPPORT AND MAINTENANCE SERVICE In the event of any malfunctions in the Service, please cont act TWIG Support at or phone +358 40 5105058. We offer You a contact point by email and phone and provide You sta ndard service during working hours 9-15 (Finnish time). You may inform us of Service breaks 24/7 via ema il but We will handle Your contacts during our working hours. Our standard service level consists of response to support conta ct as set out in Section 5.

2. TWIG Com – Service Level Agreement Version 1.1 – October 2019 Unless otherwise agreed between TWIGCOM and You concerning extra service levels, all Service errors are dealt with on commercially reasonable assistance taking into acc ount the nature of the error as well as Our hosting service providers actions to fulfill the guaranteed monthly uptime pe rcentage. 5. OUR SERVICE LIABILITY We will offer service levels to the End Users in accor dance with separate agreements between Us and End User. In all other respects the Service is provided on “as-is” and “as-available” basis, and TWIGCOM will not give the End User any warranty or guarantee, express or implied, for the Se rvice, including but without limitation to warranties of merchantability, fitness for any particular purpose, performa nce, or non-infringement. End User expressly acknowledges that the Service is not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance. TWIGCOM is not liable for any non-functionalities due to erroneous integration by any third party using Products as a component of its own service solution. We define ”Service Failure” as the Service operating diffe rently than previously, in a manner which reasonably can be construed to present significant disadvantage to user/custo mer. We make best efforts to correct Service Failures and ot her downtime that may occur within the following times: Critical / Non-critical / complete unavailability partial unavailability or fail ure Support response Next business day 2 b usiness days Workaround Next business day 4 busin ess days Resolution 2 business days 6 business days User data is stored generally for as long as the user’s Se rvice subscription is active. User history data (such as a lert events, location updates) is stored for a maximum of 5 years . Specifically: o TWIG Point Monitor: User data is stored as long as service subscription is valid. User events history is stored for 5 years, excluding near real time location data and device raw data which are compressed or not stored at all. o TWIG Point Remote Configurator: User data is stored as long a s service subscription is valid. No history data is stored. o TWIG Point Site: User data is stored as long as service s ubscription is valid. No history data is stored. o TWIG Point Netloc: No data is stored. o TWIG Point AGNSS: No data is stored. o TWIG Point API: No data is stored. o Raw data transferred between TWIG Point and TWIG device: User data is stored for at least 1 month. We may offer You refunds for the non-usability of the Services. U nless otherwise agreed between You and TWIGCOM, Your sole and exclusive remedy for any unavailabilit y, non-performance, or other failure by Us to provide the Services is restricted to maximum amount equal ing to 100 per cent of the monthly Service fees paid by You for each calendar month of Service provision. TWIGCOM shall have no liability in the event the Services a re used against the applicable Terms of Service concerning both Services and Products.


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