Enfork Media SLA

Effective Date: 15 January 2024

This Service Level Agreement (“SLA”) is established between Enfork Media entity (“Supplier”) and you (“Customer”) in accordance with the Software as a Service Terms and Conditions available at www.enforkmedia.com/TermsAndConditions or other Software as a Service Terms and Conditions agreed upon by the parties (the “Customer Agreement”). The SLA governs the Service Levels of the Enfork Media Services throughout the duration of your Subscription. Users are encouraged to review this agreement regularly for any updates.

Definitions

“Supplier”: offers a software-as-a-service that is a cloud-based digital signage solution.

“Supplier Information”: The software documentation and other information or data (including any information regarding existing or planned features, functionality, and performance of the software) owned, held, or created by or on behalf of the supplier. Supplier information belongs to the supplier. The supplier owns all rights (including all intellectual property rights), titles, interests in and to the supplier information, and any improvements, inventions, or other technology developed in connection with the software.

“Eligible Customer”: An entity with an active, paid subscription for Enfork Media Services.

“Service Credit”: means compensating Eligible Customers for validated Claims related to Downtime during Applicable Monthly Periods.

“Service Uptime”: The total availability of Enfork Media services during a calendar year. It is a measure of the percentage of time during which the Enfork Media services are operational and accessible to users.

“Service”: means Enfork Media digital signage content management platform licenced to manage and display content on your digital signage screens.

“Downtime”: The time during which production system processing for Enfork Media service has stopped, and users are unable to use all aspects of the services.

Downtime does not include:

– Scheduled system downtime.
– In a period of time due to major factors outside the supplier’s control (for example, natural disasters, acts of terrorism, government action, and more).
– Problems caused by Customer or third-party actions, applications integrations or data.
– Customer’s unauthorised access to Enfork Media services.
– Customer’s failure to follow security practices or any policy for acceptable use.
– Customer’s failure to adhere to required system configurations and supported platforms for accessing Enfork Media Services.

“ Scheduled System Downtime”: A Pre-announced downtime period may occur as a result of scheduled maintenance or system updates.

Service Uptime Commitment

It is often expressed as a percentage, representing the portion of time that the service is not experiencing downtime. Service Uptime Formula:
Monthly Uptime Percentage = (Total Number of Minutes – Total Downtime) / Total Number of Minutes x 100.

For the purpose of measuring the quality of service that the Supplier delivers, the Supplier is committed to the following:
The Supplier will provide access to the Software on a twenty-four hours a day, seven days a week (24 x 7) basis at a rate of 99.9% (“Services Uptime Metric”) which is less than 1 hr per month.

Service Credits

Service Credits may be issued to Eligible Customers for validated Claims related to Service Level failures. Service Credits will be calculated as a percentage of the applicable monthly service fees and will not exceed a predetermined limit.
For Monthly uptime percentage between 99% – 99.9%, Service Credit = 10%
For Monthly uptime percentage between 95% – 99%, Service Credit = 25%
For Monthly uptime percentage less than 95%, Service Credit = 50%

Response Time

“Response Time” refers to the total number of hours during the Business Hours for the first reply time from the Supplier’s Tech support to the customer.
For tickets logged outside of Business Ηours, response time starts at the beginning of the next Business Hours. Business Hours are Monday to Friday, 16 hours a day, 5 days a week (16/5).
The supplier will use commercially reasonable efforts to respond to problems with the software detected by the supplier and/or reported by the customer and provide a fix or workaround to the problem within the following timeframes:

Level	Description	Max. Response Time	Max.Time to Fix
Urgent	An “urgent” request means a defect that disrupts all or a significant portion of the services that cannot be fixed with a workaround.	1 working day	5 working days
Minor	A “Minor” request means a defect that disrupts the Services or a major piece of functionality works inconsistently, but a workaround exists.	2 working days	2 weeks
Normal	A “Normal” request means a wish for features that would enhance functionality or efficiency but are unrelated to disrupting the Services.	2 working days	N/A

Data security and Privacy

Enfork Media is committed to maintaining the security and privacy of customer data and complying with data protection laws and regulations.
All Enfork Media platform public services are protected by Cloudflare policies, WAF, DDoS protection, rate limits, country locks, and more.

Limitation and Exclusions

This Service Level Agreement will not apply to performance issues caused by the following:
1. Overall, internet congestion, slow down, or unavailability.
2. Unavailability of generic internet services due to virus or hacker attacks.
3. Events or circumstances that are outside the reasonable control of the Parties, including acts of fire, explosion, typhoon, storm, earthquake or other similar occurrence, orders of acts of military or civil authority, or national emergencies, insurrections, riots, wars, strikes, or other force majeure events.
4. Actions or inactions of the Customer or third parties beyond the control of the Supplier.
5. A result of the Customer equipment or third-party computer hardware, software, or network infrastructure not within the sole control of the Supplier.
6. Scheduled SaaS infrastructure maintenance.
7. Users with a free access plan for the Enfork Media Services.
8. Alpha, Beta, custom software, and trial versions of Enfork Media.
9. Customers who fail to fulfil any material obligations under the Customer Agreement, including, but not limited to, payment obligations, are subject to breach.