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HomeundefinedLegalundefinedService level agreement for GelatoConnect workflow module

Service level agreement for GelatoConnect workflow module

1. Definitions

“Claim” means a claim you may submit to Gelato pursuant to this Agreement relating to an Outage for any single period of time in excess of the Permitted Downtime, which may entitle you to receive Service Credit. 

“Incident” means any set of circumstances resulting in an Outage;

“Maintenance Event” means maintenance of GelatoConnect Workflow that requires an interruption of the Services;

“Permitted Downtime” means an Outage continuing for a period of up to six (6) consecutive Working Hours;

“Scheduled Maintenance” means a Maintenance Event in respect of which Gelato has given you at least twenty-four (24) hours prior written notice; 

“Service Credit” means any service credits due to you by Gelato for an Outage exceeding the Permitted Downtime, as more specifically detailed in section 3 below;

“Outage” means that an Incident where you are unable to access all parts of GelatoConnect Workflow AND all transmitted Orders are not being acknowledged (i.e. the entire GelatoConnect Workflow Services are “down”); and

“Working Hour” means the hours between Monday through Friday 09:00-17:00 local time, excluding national and Gelato designated holidays.

2. Availability time and remedy for Outage

The target availability time is 99.9% per year and Gelato shall exercise reasonable efforts to achieve this target. 

Availability measurement shall be carried out by Gelato. 

In the event you believe that an Outage has occurred for any single period over and above the Permitted Downtime, you can submit a Claim to obtain Service Credits. 

3. Exclusions

Gelato shall not be responsible for downtime or unavailability of the GelatoConnect Workflow Software due to the following events: 

  1. Scheduled Maintenance; 

  2. your or a third party’s hardware or software, including your own or regional internet connectivity and available bandwidth; 

  3. any carrier or third-party shipping systems; 

  4. invalid authentication or login credentials; 

  5. your use of the GelatoConnect Workflow after Gelato advised you to modify it, if you did not modify such use as advised;

  6. force majeure;  or other events outside of Gelato’s reasonable control;

  7. your acts or omissions or those of users or other persons gaining access to GelatoConnect Workflow Software by means of your users’ passwords or equipment; or

  8. any other breach by you of your obligations under this Agreement.

4. Claim submission and Service Credits

Claim

If you reasonably believe that an Incident has taken place, you must submit a written Claim to Gelato within three (3) days of the Incident, which must include : 

  1. a detailed description of the Incident;

  2. how long the Incident lasted;

  3. a description of any action taken by you to resolve the Incident; and

  4. any other information relating to the Incident reasonably requested by Gelato in order to investigate the Claim.

Gelato shall be entitled to reject any Claim if you fail to comply with the requirements listed above. 

Performance slow-down of the Services or part of the Services for any reason does not constitute an Outage.

In addition to the information supplied by you as part of your Claim, Gelato shall use all information reasonably available to it to validate Claims and make a good faith decision on whether to approve the Claim.

Service Credit

In the event Gelato validates your Claim in respect of an Outage, you shall be granted a Service Credit for each whole Working Hour of Outage over the Permitted Downtime in accordance with the following formula : 

Service Credit =

2 x Monthly Subscription Fees x [Number of whole Working Hours of Outage over Permitted Downtime / Total number of business hours in the current month]

Any Service Credit due to you shall be deducted from the Fees due by you for the period following the quarter in which Gelato approved the Claim.

Exclusive Remedy 

The Parties acknowledge and agree that the provisions relating to Service Credits are not intended to serve as a penalty but constitute a genuine attempt to pre-estimate loss.

You understand and acknowledge that Service credits shall be your exclusive and sole remedy available for non-compliance by Gelato with the service levels set out in section 2 of this Service Level Agreement, and no other form of compensation, damages, or remedies shall be sought or provided.