No provision of any purchase order or other business form employed by you will supersede or supplement the terms and conditions of this Agreement, and any such document relating to this Agreement will be for administrative purposes only and will have no legal effect. Account Registration. Basically, the firm promises your site will have a certain level of uptime, measured monthly. Third Party Code. 13.2. License Term and Renewals. If a purchase order number is required in order for an invoice to be paid, then you must provide such purchase order number to Atlassian by emailing the purchase order number to sales@atlassian.com. Increased Scope of Use. The SFS Programs provided as a service consist of system administration, system management, and system monitoring activities that SFS performs and include the right to use the programs, and support services for the SFS Programs (collectively, the "Services"). ATLASSIAN DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS OR VENDORS. Heres what I mean: Issue Levels normally range from Low Priority to Moderate Priority to High Priority. The solution should be appropriately tailored to your needs. 2.2. Software Service Agreement Sample Clauses | Law Insider GK Software SE: Conclusion of Delisting Agreement with Fujitsu Atlassian Policies: Our products and business are constantly evolving, and we may modify the Atlassian Policies from time to time, including during your then-current License Term in order to respond to changes in our products, our business, or Laws. Support and Maintenance means Atlassians support and maintenance services for the Software, as further described in the Atlassian Support Policy and Enterprise Support and Services Policy (if applicable). Each party represents and warrants that it has the legal power and authority to enter into this Agreement. If the effective date of such modifications is during your then-current License Term and you object to the modifications, then (as your exclusive remedy) you may terminate your affected Orders upon notice to us, and we will refund to you any fees you have pre-paid for use of the affected Software for the terminated portion of the applicable License Term. The content in an SLA varies from provider to provider, but commonly includes any combination (or all of) the following: Support. 780-633-0415. That would be too easy. You are responsible under Section 2.2 (Authorized Users) for all Secondary Users as Authorized Users and are otherwise solely responsible for your own products, support offerings and Secondary relationships. When it comes to the service level part of Service Level Agreements, there are 6 critical areas you, the buyer, need to understand. Atlassian may modify this Agreement from time to time, subject to the terms in Section 21 (Changes to this Agreement) below. If you want cookie notice banner and user consent. Wondering what a real SLA looks like? 10. The parties agree that the waivers and limitations specified in this Section 15 (Limitations of Liability) apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. If you enable or use third-party products or services (including Third Party Apps as referenced in Section 4.2 (Marketplace Apps)) with the Software, you acknowledge that the third-party providers may access or use your data as required for the interoperation of their products and services with the Software. Service-level agreements (SLAs) a complete guide You agree that any such electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. You may disable data collection by the Software through the settings in the Software. Access to any Atlassian APIs, SDKs or other Atlassian developer assets is subject to the Atlassian Developer Terms and not this Agreement. Software License Agreement | Atlassian Notwithstanding the foregoing, you may have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed. 6.1. Our notices to you will be deemed given upon the first business day after we send it. Software Service Level Agreements Software service level agreements come in all forms. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.1 (GENERAL WARRANTIES) AND 14.2 (VIRUS WARRANTY), ALL SOFTWARE, SUPPORT AND MAINTENANCE AND ANY ADDITIONAL SERVICES ARE PROVIDED AS IS, AND ATLASSIAN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. The repo? In the event you terminate your initial Order under this Section 7.3, Atlassian may disable the license key that allowed the Software to operate and, at your request (which may be made through your account), Atlassian will refund you the amount paid under such Order. 11. In the pricing table, we include the hourly rate for those (or, if its a retainer, we include the size of that retainer). Software as a Service (SaaS) Agreements | Practical Law - Westlaw All negotiations pursuant to this Section 18.1 will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions. A Software as a Service Agreement, or SaaS, as it is often called, is a document through which an owner of software provides clients or customers with access to the software.It is used for cloud based software, where the software is stored on servers controlled by the software provider and the user is just given access to it. At our request, you agree to provide a signed certification that you are using all Software pursuant to the terms of this Agreement, including the Scope of Use. The terms Apps, Atlassian Apps, Third Party Apps, Vendor and Vendor Terms are defined in the Atlassian Marketplace Terms of Use, which is a separate agreement governing use of the Atlassian Marketplace. You are responsible for all actions taken through your account, including Orders made or Apps enabled (which may incur fees). You have your support firm who signed the SLA, internal IT who are also hosting the platform, content managers with upload permissions, and a subcontracted external developer. 4.1. Description of the SFS Programs. What Is a Software Service Level Agreement? - UpCounsel If you are an entity, you represent and warrant that this Agreement and each Order is entered into by an employee or agent of such entity with all necessary authority to bind such entity to the terms and conditions of this Agreement. Unless you have selected the autorenewal option in your account, any renewals must be mutually agreed upon by the parties in writing. What is a Service Level Agreement (SLA)? - ServiceNow Again, all the details here are variable and dependent on what your firm offers, the size and value of the software to your organization, and your budget. As promised, here is a perfect service level agreement example one can adjust to their needs - Download Service Level Agreement Template. A service level agreement (SLA) is a documented agreement between a service provider and a customer that identifies both the services required and the expected level of service. All information regarding the characteristics, features or performance of any No-Charge Software (including Beta Versions) constitutes Atlassians Confidential Information. Unless otherwise specified in your Order, for each Software license that you purchase, you may install one (1) production instance of the Software on systems owned or operated by you or one of your Authorized Users. Headings are for convenience only. 22.9. You may not charge Secondary Users a specific fee for use of the Software but you may charge an overall fee for your own offerings. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). Restrictions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ATLASSIAN NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.2 (VIRUS WARRANTY), THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Atlassian may suspend or terminate your rights to use Software if Atlassian does not receive the corresponding payment from the Reseller. Only Authorized Users may access and use the Software. Your use of No-Charge Software is subject to any additional terms that we specify and is only permitted during the License Term we designate (or, if not designated, until terminated in accordance with this Agreement). You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country. Download our sample and feel more prepared. The final, critical point to understand about SLAs are the exclusions meaning, what precludes the promises made in the SLA around the above mentioned items (primarily uptime and response time)? Its important that, if youre assuming your web application or mobile application will require not just managed web services and support but also tweaks or additions to features, your SLA covers this distinction though. Documentation means our standard published documentation for the Software, currently located here. Diving into detail on each of the above is beyond the scope of this article instead, Ill focus on the service level part of the contract. Theres no industry standard for the components of a Service Level Agreement. 1. During your License Term, you may increase your Scope of Use (e.g., adding Authorized Users, licenses, copies or instances) by placing a new Order or, if made available by Atlassian, directly through the applicable Software. In some circumstances, we may charge a fee in order to allow you to use Beta Versions, but the Beta Versions will still remain subject to this Section 8. 3.2. A SaaS agreement, or a software as a service agreement, lays out terms and conditions of a software delivery model. The contract should contain the usual representations and warranties of such a sale. Return Policy. What Goes Into a Software Service Level Agreement? It is your responsibility to carefully review the agreement between you and the third-party provider, as provided by the applicable third-party provider. Unless earlier terminated in accordance with this Agreement, each right to use Software will expire at the end of the applicable License Term. System Requirements. The parties are independent contractors. In the event of any controversy or claim arising out of or relating to this Agreement, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. You are solely responsible for ensuring that your systems meet the hardware, software and any other applicable system requirements for the Software as specified in the Documentation. The Effective Date of this Agreement is the date which is the earlier of (a) your initial access to or use of the Software (as defined below) or (b) the effective date of the first Order referencing this Agreement. Virus Warranty. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. 7.9. We may modify the terms and conditions of this Agreement (including Atlassian Policies) from time to time, with notice given to you by email, through the Software or through our website. That would be too easy. Marketplace Apps. This Agreement does not apply to Atlassians hosted or cloud-based solutions (currently designated as Cloud deployments), use of which requires a separate agreement with Atlassian. The Software is subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your download of, access to, and use of the Software. It means the firm has to respond within that window, commonly with an acknowledgement of ticket receipt and any additional information. By accessing or using a product covered by the Product-Specific Terms, you agree to the Product-Specific Terms. 14.2. ), In-house development teams with full access, External contractors with application access, External hosting providers with server and application access. Thats why understanding Software Service Level Agreements matter, and why you should evaluate those at the same time youre evaluating your design and build partner. You must keep your registration current so that we may send notices, statements and other information to you by email or through your account. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTYS AND ITS SUPPLIERS AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO US UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM. Force Majeure. You (including your Authorized Users) may choose to use or procure other third-party products or services in connection with the Software, including Third Party Apps (see Section 4.2 (Marketplace Apps)) or implementation, customization, training or other services. This contract (the "Agreement") is made and entered into on this date by and between Jane Smith (the "Seller") and John Doe (the "Buyer"). to Article 17 MAR of the Regulation (EU) No 596/2014, transmitted by EQS News - a service of EQS Group AG.The issuer is solely responsible for the content of this . Your registration information must be accurate, current and complete.
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