Miser Legal Solutions - Services SLA

DEFINITIONS:

Miser: Miser Legal Solutions Pty Ltd

Hosted Services: Client/customer with access to Miser’s designated servers

Usage: The time slot, from establishing active client connection to Miser’s designated server, until termination of same connection.

Designated Server: Miser’s “Computer Servers” used to supply Hosted Services to clients/customers

Clients/customers: customers of Miser who subscribe to specific Miser Hosted Services

 

Service Level Agreement 

Miser Legal Solutions provides a range of Hosted Services which amongst others include Microsoft Terminal Services and Microsoft Hosted Exchange. Client’s who subscribe to these services, implicitly accept the Service Level parameters as set out in the following.

 

Acceptance of Service Level agreement:

It is a condition of usage that all customers accept this Service Level Agreement, and conversely Miser’s Hosted Services are available only to customers who accept the applicability of the service Level Agreement for all Hosted Services provided by Miser.

 

Service Levels:

As with all electronic communication systems, there is no guarantee that the provider (MISER) can deliver these Hosted Services without occasional interruptions.  Miser however wish to ensure its clients/customers, that any such interruptions will be minimised to the extent it is possible and within the power of Miser.

As access to Miser’s services may be via the internet, any downtime from the client’s communications provider will naturally directly affect the Hosted Service availability. Due to this interdependence on a number of external services and service providers, Miser can not guarantee you an overall service level.

MISER, however, can and does provide a Service Level arrangement for the accessibility to and functionality of its designated Servers. Miser recognise that continuous and uninterrupted availability of the Hosted Services is of high importance to its legal firm users, and we therefore provide a compensation (Credit applied to the customers account with Miser) to clients if the availability of the Hosted Service is reduced below 99.9% in a any single calendar month.

Contact Miser for a table of service levels and compensations for downtime.

 

Server and software maintenance

There will be occasional needs for attention to Servers and Software. Whereas this may lead to interruptions in availability of the Hosted Services, Miser will always endeavour to complete such necessary maintenance in the shortest possible time. Likewise, where possible, such interruptions will be scheduled to out of ordinary business hours and 24 hours notice in advance will be given to clients. Maintenance where possible will be scheduled outside of the hours covered by this SLA  

 

General conditions of usage

Miser provides access to specific Hosted Services which utilise proprietary software from Microsoft and other software providers. Miser is not responsible for the functionality of the software, or its performance parameters. Clients have no recourse to Miser for any software related matters.

The client agrees that the only recourse for compensation for any perceived or actual issues relating to the Hosted Services supplied by Miser is through the Service Levels and related Compensations, as detailed in this agreement.

 

Service Level Compensation - Exclusions

The following is a listing of events which are specifically excluded from the compensation scheme:

No compensation is due where failure or deficiencies in the performance or nature of the designated Servers and Software, inaccessibility to Designated Servers, or other problems with the Services or Software are caused by or relate to:

1.     Any circumstance beyond the control of Miser, including but not limited to :

- Temporary or longer non availability of communications services.

- Other access related failures or problems not under Miser’s control.

- Clients/customers browser settings and general computer setup to the extent this may affect

- Connectivity to, or functionality received from Miser’s Hosted Services.

- DNS Propagation

                - Issues with FTP, POP, IMAP,

- SMTP customer access

- DNS issues not under Miser’s control

- Email or WebMail transmissions

- Maintenance and upgrades considered necessary by Miser

- Virus attack, Hacker attacks,

2.     Other circumstances beyond Miser’s control, including but not limited to :

-        Acts of War, Fire, Armed Conflict, Strikes

-        Fire, Flooding, Lightening, Explosions, Earthquake, Storm, Tempest

-        Impact by aircraft, Space debris

-        Road vehicles, Animals, Falling Trees, Leaking Water

-        Electricity Supply failure

 

Applying for Compensation:

Any client wishing to apply for compensation under Miser’s compensation scheme, is asked to forward the request by email to HelpDesk@Miser.com.au. A letter in writing is also acceptable; addressed to:

Miser Legal Solutions Pty Ltd

Hosted Services Manager

Unit 4, 2-6 Orion Road

Lane Cove, NSW 2066)

The email (letter) must be forwarded within 14 days after the end of month for which compensation is claimed, and must contain the following information:

·       Identity of Client

·       Address of Client

·       Date the Hosted Service was not available (Or nature of problem experiences)

·       Hour and Minute at commencement of outage

·       Hour and Minute at end of outage

Compensation claimed (with reference to Miser’s compensation Level Table)

The applicable compensation % level is applied to the clients account for the month in which the Hosted Service interruption occurred, and where the application is approved by Miser, a credit will be issued to the customers account.

 

Please note that no refunds will be given, but the credit is applied against future billing from Miser to the Client. Terms may change depending on the client and their requirements.