Table of Contents
1. Agreement Overview 3
2. Goals & Objectives 3
3. Service Plans 3
4. Periodic Review 4
5. Service Agreement 4
5.1. Service Scope 4
5.2. Client Requirements 4
5.3. Service Provider Requirements 5
5.4. Service Assumptions 5
5.5. Indemnification 5
5.6. Non-Solicitation 5
5.7. Dispute Resolution 5
6. Service Management 6
6.1. Service Availability 6
6.2. Service Requests 6
1. Agreement Overview
This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between IT Expert Solutions (the “Service Provider”) and Client Name (the “Client”) (collectively the “Parties”) for IT services required to support and sustain the Product or service.
This Agreement remains valid until superseded by a revised agreement mutually endorsed by both Parties.
This Agreement and all incorporated documents outline the parameters of all IT services covered as they are mutually understood by the Parties.
2. Goals & Objectives
The purpose of this Agreement is to ensure that the proper elements and commitments are in place to provide consistent IT service support and delivery to the Client by the Service Provider.
The goal of this Agreement is to obtain mutual agreement for IT service provision between the Service Provider and Client.
The objectives of this Agreement are to:
• Provide clear reference to service ownership, accountability, roles and/or responsibilities.
• Present a clear, concise and measurable description of service provision to the Client.
• Match perceptions of expected service provision with actual service support & delivery.
3. Service Plans
The SLA will operate on the basis of one of three plans available to the Client. The plans are explained in Schedule A and incorporated into this Agreement.
4. Periodic Review
This Agreement is valid from the Effective Date outlined herein and is valid until further notice. This Agreement should be reviewed at a minimum once per fiscal year; however, in lieu of a review during any period specified, the current Agreement will remain in effect.
The Service Provider is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required, provided mutual agreement is obtained from the Parties in writing. All subsequent revisions and obtain mutual agreements / approvals will be incorporated as amendments into this document.
Review Period: Bi-Yearly (6 months)
Previous Review Date: Month/Day/Year
Next Review Date: Month/Day/Year
5. Service Agreement
The following detailed service parameters are the responsibility of the Service Provider in the ongoing support of this Agreement.
5.1. Service Scope
The following Services are covered by this Agreement;
o Manned telephone support
o Monitored email support
o Remote assistance using Remote Desktop and a Virtual Private Network where available or WebEx, etc.
o Planned or Emergency Onsite assistance (extra costs apply)
o Monthly system health check
5.2. Client Requirements
Client responsibilities and/or requirements in support of this Agreement include:
• Payment for all support costs at the agreed interval, based on the selected service plan.
• Reasonable availability of Client’s representative(s) when resolving a service related incident or request.
5.3. Service Provider Requirements
Service Provider responsibilities and/or requirements in support of this Agreement include:
• Meeting response times associated with service related incidents.
• Appropriate notification to Client for all scheduled maintenance.
• Provide a copy of an NDA Agreement to be signed by both Service Provider and Client.
• Provide a copy of the Contractor NDA Agreement signed by any agents, employees, or contractors of Service Provider, and ensure that all NDA agreements are in effect and enforced at all times.
5.4. Service Assumptions
Assumptions related to in-scope services and/or components include:
• Changes to services will be communicated and documented to all Parties, and agreed upon in writing.
5.5. Indemnification
Client agrees to hold harmless and indemnify Service Provider against any and all third party claims or liabilities, costs or expenses which result from work done in accordance with the Client’s specifications which involve directly or indirectly the infringement of any third party’s IPR or are caused by or attributable to any act or omission by the Client, its employees or its agents.
5.6. Non-Solicitation
During the term of this Agreement and for [NON-SOLICITATION PERIOD] after any termination of this Agreement, Client will not directly or indirectly, on Client's own behalf or in the service or on behalf of others, in any capacity induce or attempt to induce any employee or contractor to leave the Service Provider.
5.7. Dispute Resolution
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by arbitration in Georgia before an impartial arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
6. Service Management
Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.
6.1. Service Availability
Coverage parameters specific to the service(s) covered in this Agreement are as follows:
• Telephone support : 9:00 A.M. to 5:00 P.M. Monday – Friday
o Calls received out of office hours will be forwarded to a mobile phone and best efforts will be made to answer / action the call, however there will be a backup answer phone service
• Email support: 24 hours a day, Monday – Friday
o Emails received outside of set hours will be collected, however no action can be guaranteed until the next working day.
• Onsite assistance guaranteed within 72 hours during the business week.
6.2. Service Requests
In support of services outlined in this Agreement, the Service Provider will respond to service related incidents and/or requests submitted by the Customer within the following time frames:
• 0-2 hours (during business hours) for issues classified as Emergency priority.
• Within 4 hours for issues classified as Urgent priority.
• Within 6 hours for issues classified as Medium priority.
• Within 8 hours for issues classified as Low priority.
Remote assistance will be provided in accordance with the above timescales dependent on the priority of the support request.