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Service Level Agreement

MailServe & MailDirect Service Level Agreement

2013-14

Service Level Agreement | MailServe & MailDirect Service Level Agreement | 2013-14

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Agreement made this ________________________________________________ (“Effective Date”) BY AND BETWEEN
____________________________________________________________________________________________ (EndUser)
A company registered in India, having its principal place of business at _______________________________________
AND
QuantumLink Communications Pvt. Ltd (QLC)
A company registered in India, having its principal place of business at 208 Shreepal Complex, Suren Road, Andheri
East, Mumbai
Whereas, QLC is in the business of designing, developing, and marketing software products and services and QLC
has, as a part of their service offering, service model known by the name MailServe/MailDirect that can be provided
to EndUser on Software or otherwise, hereinafter referred to as the Service/Services;
Whereas, EndUser is an individual or an individual acting on behalf of employer, partnership, a corporation or other
legal entity who/that uses the Service(s), herein after referred to as the User;
And whereas QLC as an incidental part of the Service offers service of support, monitoring, and general
maintenance of the Service to the User, which is accepted by the User, through an expressly defined and mutually
agreed level of service, hereinafter referred to as the Service Level Agreement (“SLA”).
NOW IN FURTHERANCE OF THE INTENTION OF THE PARTIES IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
The SLA is applicable between the User and QLC if the User has procured the Services offered by QLC which
includes but is not limited to the following:
MailServe
• Mail Hosting
• Mail Push
• SMTP Relay
• Email To SMS
• Web Hosting
• FTP Hosting
• Chat Service
• MobiServe
MailDirect
• Email Marketing
• SMS Marketing
• Outbound Dialers
• MD-SMTP-Relay
• Surveys
• SMS via Short Code
• IVRs
• MD-API
Service Level Agreement | MailServe & MailDirect Service Level Agreement | 2013-14

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Definition
• Active Account: The Users account is considered active if the End User License provided to the User is active,
and the User has no charges, as defined under the End User License Agreement pending towards the Service,
or the User has not violated the terms and conditions of the End User License.
• Service Availability: The percentage of duration in a month that the User has access to the Services offered by
QLC using standard protocols like HTTP, FTP, POP, SMTP or IMAP and as measured by QLC.
• Month: A month is defined by the number of days in the subject month multiplied by 24 hours per day. (For
instance, month of January would be assessed as 31 days * 24 hours).
• Scheduled Maintenance: Any maintenance, except emergency maintenance, on the QLC server from which the
Services are being provided, performed during a standard maintenance window on Mondays through Sunday
from 8 p.m. to 8 a.m. local time on the server.
• Emergency Maintenance: Emergency Maintenance: Any maintenance done, at the discretion of QLC, in
situations deemed as emergent by QLC.
• Incident: A single technical issue, excluding the Exceptions specifically provided, that results in a request for
technical support.
• Critical Incident: A technical issue where the client is unable to send or receive mails using the Services.
Scope
• SLA will be valid only if the User’s account is an Active Account.
• Any evaluations, trials, demos etc. offered to the User are outside the scope of the SLA.
• SLA does not cover problems relating to hardware, network, connectivity and/or bandwidth, even if such
software/hardware operates along with QLC’s products or Services.
Service Level Commitment
• QLC commits a Service Availability (service uptime) of 99.5% per month.
• Subject to the terms specified in sections Exceptions and Credit Request and Payment Procedures, if the
service availability falls below 99% in a month, QLC will issue a credit to the User as per the section Service
Availability Credit Schedule given herein. The credit will be calculated, for the affected services, on a pro rata
basis for the relevant Month.
• The Services shall be deemed to be unavailable if the server does not responding to HTTP, FTP, SMTP, POP
and IMAP requests issued by QLC's monitoring software. QLC's records and data shall be the basis for all
service availability calculations and determinations.
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• Scheduled Maintenance shall not be deemed as service unavailability. The User will be notified twenty four (24)
hours prior to Scheduled Maintenance. Notice of the Scheduled Maintenance will be provided to the User,
either through telephone or email, as per QLC’s discretion.
• The User's account shall not be credited more than once per month under the SLA.
Exceptions
The User shall not receive any credits under the SLA in connection with any failure or deficiency of Service
availability caused by or associated with:
• Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war,
insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption or
delay in transportation, unavailability of or interruption or delay in telecommunications or third party services,
virus attacks or hackers, failure of third party software (including but not limited to e-commerce software,
payment gateways, chat, statistics or free scripts) or inability to obtain equipment, spares, supplies or power
used in or for provision of this SLA.
• Failure of access circuits to the QLC servers, unless such failure is caused solely by QLC.
• Scheduled Maintenance, emergency maintenance and upgrades.
• DNS issues outside the control of QLC.
• Issues with HTTP, HTTPS, FTP, & Telnet access
• False report of breach of the SLA as a result of outages or errors of any QLC measurement systems
• The User's acts or omissions, or acts or omissions of others engaged or authorized by the User, including but
not limited to custom scripting or coding (e.g. CGI, Perl, HTML, ASP, etc.), negligence, willful misconduct, or
use of the Services in breach of QLC's Terms and Conditions and the End-User License Agreement.
• Email delivery or transmission.
• DNS (Domain Name Server) propagation.
• Outages elsewhere on the Internet that hinders access to the User's account.
• Browser or DNS caching that makes the site appear inaccessible when others can still access it.
• All issues related to blacklisting of IP-Address of QLC Servers by any third party RBL Servers or Servers
offering similar black-listing mechanism.
• Incidents not within the control or responsibility of QLC.
Credit Request and Payment Procedures
• In order to receive a credit, the User must make a request by sending an email message to mailserve@qlc.in.
This request will be noted as a Credit Request made by the User under this agreement.
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• Each Credit Request, must be received by QLC within ten (10) business days from the date of unavailability of
the Services, and should include the dates and respective time that the Service was not available.
• Upon confirmation of the unavailability of the Service by the User and after QLC receives a Credit Request from
the User, the credits will be applied within two billing cycles.
• Credits are exclusive of any applicable taxes charged to the customer or collected by QLC.
• Subject to the Exceptions provided herein, Credits are the User's sole and exclusive remedy with respect to any
failure or deficiency in the Services availability provided by QLC.

QLC Support Contact Details
Service Availability Credit
99% to 98% 2.00%
98% to 97% 5.00%
97% to 96% 10.00%
95% to 96% 25.00%
94% to 95% 50.00%
93% to 94% 75.00%
92% to 93% 100.00%
91% to 92% QLC pays the User 5% of the monthly charge
90% to 91% QLC pays the User 25% of the monthly charge
Technical Support Commitments/Limitations
• QLC will provide a team of Technical Support Engineers (“SE”) for monitoring the Services used by User. The
SE would be based at QLC’s designated office and the technical support will be provided to the User through
telephone or email, as opted by the User. However, technical support through a SE may be provided onsite to a
User at the sole discretion of QLC.
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• SE will be available for technical support during Working Hours, as provided herein, Monday through Saturday.
However, the SE will not be available during days noted as holidays by QLC.
• QLC assures to attempt resolution of any maintenance or service problem but the successful resolution is not
guaranteed.
• Any problem that cannot be immediately resolved by SE will be escalated to the Development Team.
• In addition to providing the support services, QLC will also provide automated monitoring of dedicated
hardware used for providing the Services to User.
Reporting Of Incidents
• QLC manages the Technical Support emails and calls by Incidents as defined herein.
• During QLC’s Working Hours, User’s should report the Incident through the following means:
• Send an email to QLC Helpdesk;
• Contact QLC Helpdesk via Telephone
• In situations of emergency, the User may contact, directly, their Account Handler, through telephone or email,
during days or hours other than Working Days or Working Hours.
• If User’s Incident is resolved by SE and if the case is not reopened during the ensuing 5 days, the incident will
considered closed.
• All Incidents which cannot be handled by SE will be automatically escalated to QLC’s Development Team.
• User has the right to directly escalate issues in case of critical Incidents.
• QLC reserves the right to determine if further resolution is available or not and when the case should be closed
or deemed as closed.
Validity/Termination
The Term of this agreement is as specified in the invoice served upon the User for payment and depends upon the
“Period of use” and/or the “Data Usage Limit” fixed with respect to End User License Agreement.
General
This document represents the entire understanding between QLC and the User relating to the provision of the
Support Service and is governed by laws under Mumbai jurisdiction. Any dispute arising out of or relating to this
Agreement will be dealt with as provided under the End User License Agreement or other specific agreements that
this Agreement is incidental to and dependent upon.

Service Level Agreement | MailServe & MailDirect Service Level Agreement | 2013-14

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QLC Support Contact Details
Working Hours 10:00 AM to 6:00 PM
Working Days Monday to Saturdays
Holidays QLC declared
National & State Holidays
QLC Support Tel No 91-22-40957800
Fax No 91-22-40957799
Support Email Id
support@qlc.in
Support Helpdesk
http://helpdesk.qlc.in
Escalation Details
0 Hours

Contact Number
Email Id
Account Engineer
Engineer – Technical Support
91-22-4095 7707 / 7700
support@qlc.in
4 Hours
Contact Name
Designation
Contact Number (Mobile)
Email Id
Account Handler

Asst. Manager – Support


1 days
Contact Name
Designation
Contact Number
Email Id
Account Manager




2 days
Contact Name
Designation
Contact Number
Email Id
Product Manager




Service Level Agreement | MailServe & MailDirect Service Level Agreement | 2013-14

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QuantumLink Communications Pvt. Ltd
Authorized Signatory Authorized Signatory
Name Of The Signatory
__________________________
Name Of The Signatory
______________________________
Designation
___________________________
Designation
_______________________________
Date
________________________
Date
____________________________





















QuantumLink Communications Pvt Ltd

Corporate & Sales Office 208, Shreepal Complex, Suren Road, Andheri (E), Mumbai 400 093
Tel +91-022-4095-7700 Fax +91-022-4095-7799 Email sales.mumbai@qlc.in Web www.qlc.in
Ahmedabad +91-9375001114 Bangalore +91-080-4115-2792 Chennai +91-044-3257-5897
Hyderabad +91-040-3245-9900 New Delhi +91-011-4754-6400-20 Pune +91-020-3049-2078