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Kaymera Service Level Agreement (SLA)

 

  1. Scope:

The Services shall include support and maintenance of the System as further detailed below, via the support center. 

The Company shall provide the End-User with technical support for the System, consisting of (a) third and fourth-level operational support via the Company's support center, and updates and upgrades of the System.

The Services shall only be provided to the Reseller. The Services do not cover third-party products, included in the System. Notwithstanding the foregoing, the Company shall use reasonable commercial efforts to either assign to the Reseller or exercise the manufacturer warranty provided with respect to the hardware included in the System. 

First and second-level support shall be provided and handled by the Reseller. For this purpose, the Reseller shall maintain a help desk, with personnel who have participated in the training sessions provided by the Company, which shall be able to assist the users of the System, identify the type of system failure and perform basic system recovery tasks. In the event that the help-desk of the Reseller shall not be able to solve the error, the help-desk shall contact the Company as further set forth below.

The Company shall not be obligated to provide the Services in case of misuse, abuse, neglect, alteration, modification, improper installation of the System, use of the System for purposes other than those authorized by the Company, or repairs by anyone other than the Company or its authorized representatives without the Company prior written approval.

 

  1.  Provision of Services:

Help Desk Services will be provided between the hours of 9:00 am and 5:00 pm, Sunday through Thursday, excluding Israeli national holidays. 

Outside of working hours, please email at support@kaymera.com or through the support portal (preferred) and we will revert to you as soon as our office opens on Business Day. 

*all times are listed in GMT+3:00

 Report of System failure: The Reseller shall notify the Company in writing (via e-mail) promptly following the discovery of any verifiable and reproducible failure of the System. This SLA does not apply to bug reports or feature requests that are cosmetic or do not otherwise impair the operation of the System.  Such bug reports or feature requests are typically prioritized for handling in some future regularly scheduled product releases.  

Company Response Time: Following receipt of the Reseller's notice, the Company will first attempt to resolve the problem via email or other electronic means. If the problem cannot be so resolved, the Company will make a determination as to the level of the reported problem and proceed along the following guidelines: 

 

 

Definition

Initial response

Updates

Critical

Device not functioning at all / not starting up

3 Hours
(on working hours)

out of hours –
Report via call

·   Every 12 hours until resolution
or lower the severity

·   Based on customer availability

High

Secure calls/messages malfunction

24 Hours

(on working hours)

·   Every 24 hours
on working days and working hours

Medium

·   Sporadically issues with Secure calls/messages

·   Specific feature not functioning

2 days

(on working Days)

·   Every 2 working days

·   Based on customer availability

Low

·   First use of the device
(after 2 weeks or more)

·   Minor feature malfunction

·   Request for new feature

·   Admin (Change of policy, registration,
adding new device)

4 days

(on working Days)

·   Upon request

·   Whenever there is a new update

Remote Flashing

·   Flashing devices in a remote session
with the customer

2 Days

(on working hours)

·   Based on scheduling (availability)

Flashing

·   Delivering Flashed device

2 Days

(on working hours)

·   Based on inventory / 2 weeks’ notice

 

 

On-site services, shall be provided, following the determination by the Company that such services are required.

 

Reseller cooperation: In order for the Company to be able to provide the Services and as a condition thereof, the Reseller will be required to cooperate with the Company in view of any error corrections, including without limitation by providing as much detail as available about the errors, and taking all such reasonable measures requested by the Company in order to detect and provide further information with respect to each error. The Reseller shall ensure the readiness of its equipment, computerized systems, environment and, and shall ensure the appropriate conditions required to enable the Company to comply with its undertakings hereunder, including without limitation: (i) remote access; (ii) the availability of Reseller’s personnel; and (iii) compliance with the Company's reasonable administrative requirements. 

 

  1. Updates and Upgrades:

The Company shall make available to the Reseller any updates or upgrades of the System, if and when the Company makes such updates or upgrades generally available to its other customers.  

  1.  Term:

The Services are provided for a period as set forth in the agreement between the parties to which this SLA is exhibited too.

  1.   Fees:

The Services shall be provided in consideration for the Fees as set forth in the agreement between the parties to which this SLA is exhibited to.

  1.  Disclaimer:

The Company undertakes to provide the Services in a timely and professional manner. Except for the undertaking specifically stated herein, the Company provides no warranty, express or otherwise, with respect to the services, and the Company specifically disclaims all implied warranties of merchantability or fitness for a particular purpose.

The Reseller agrees that the Company liability hereunder for any damages which the Reseller may suffer shall in no event exceed the annual Fee. 

The Company does not responsible for returning the devices or servers to their original state HW or SW and that includes the Operation system of the devices,

 

IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY CLAIM OR DEMAND AGAINST THE END-USER AND/OR THE END-USER BY ANY OTHER PARTY, ARISING OUT OF OR IN CONNECTION WITH THIS DOCUMENT, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.