SERVICE LEVEL AGREEMENT
THIS AGREEMENT made this ___________day of ______________201___
DATAPLUS TECHNOLOGIES LIMITED with office address at No1, Kandi Close, Wuse II, Abuja (later referred to as the “SERVICE PROVIDER”)
___________________________with office address at _________________________ (later referred to as the “CLIENT”).
This Agreement outlines the terms and conditions of sales and service under which the Service provider will provide certain IT support services to the client on specified service provider premise.
This Agreement remains valid until superseded by a revised agreement mutually endorsed by both party.
This agreement is personal; therefore Client may not transfer the rights and responsibilities to another, without the written consent of the Service provider.
This agreement will be valid for a period of 12 months commencing from the _____ day of _____20_____ and end on the _____day of _____20_____
- Service provider will provide post sales customer care services to you as part of our support system.
- Client shall obtain all prior consent and permits necessary for Service provider to commence services at Client’s office/home.
- Client shall ensure that pc’s, LAN network or network interface card provided by it, meets Service provider’s minimum specification for internet access.
- Client warrants that you have necessary right and consent to domain names, mailbox names or any other name chosen by you in connection with the internet access.
- We will provide certain equipments for installation which would be held in your care until this agreement is terminated.
- You will be responsible for any loss or damage to any of our equipment that is in your care.
- In the event of termination of this agreement, you will return to DATAPLUS all of our equipments in your care. Failure to do so after reasonable time may attract legal actions.
- You shall provide all necessary equipment required by you and they shall at all times be your property.
- You shall not carry out repair works on any of our equipments in your care or on any of your equipments which are connected to ours. In such circumstances you are expected to contact our customer service team and our maintenance team will carry out all necessary repair or replacement.
- Any internet address allocated to you will at all times be the property of DATAPLUS and you hold only a temporary non transferable right to it during the subsistence of this contract. Upon termination, all rights to the internet name shall fully revert back to us.
- The Client also undertakes not to do any or all of the following through our services :
- Perform any act that may violate any Federal or State laws in existence.
- Infringe on any right of any person, body or corporation.
- Purchase, distribute, receive or transmit obscene or pornographic images or materials
- Spam, harass, hack, cause virus attack, or authorize any form of financial fraud or theft.
- Your payable subscription fee shall be the sum of ___________________ Naira monthly.
- Subscription is calculated on a monthly basis and the fee is payable in advance. You will be liable to pay for everyday you remain connected to our network whether or not you make use of our services.
- You must ensure that all payments are made within 7 days of delivery of invoice to you.
- Checks, Money Orders, and Wire transfers must be made out to DATAPLUS only. Bank account and routing information are available on request.
- Non-payment by you may lead to disconnection or suspension of our services
- Re-connection charges may apply and you will be expected to settle all outstanding debts with any accrued or billable charges before connection to our service can be restored. Subject to the termination of this agreement, this agreement shall be operative for the duration of 12 months.
The service provider will not be liable for:
- We will not be liable for damages to your equipment that arises as a result of the use of our equipment with yours.
- Client shall indemnify service provider against any third party including but not limited to employees and contractors claim, liability, damage, expenses (including attorney fees) that may arise as a result of the presence of the service provider’s equipment, employees, contractors, or agents on client’s premises or as a result of inherent defects in the clients equipments.
- Client shall indemnify service provider against any third party including but not limited to employees and contractors claim, liability, damage, expenses (including attorney fees) that may arise as a result of negligence or omission of client, its agents, employees and contractors.
- Neither of the parties shall be liable for loss of revenue, profit, consequential oe inconsequential damages even if aware of the possibility thereof.
- Neither of the parties shall be liable to one another or be deemed negligent for any interruption, delay or failure in performance resulting from : fire, flood, elements, natural disasters, lightening, war, acts of God, man-made/ orchestrated disasters, labor disputes, strikes, riots or shortage/ scarcity or equipments or suppliers beyond the reasonable control of the party being prevented from performing.
SUSPENSION OF OUR SERVICES
- We may suspend our services where the need arises to carry out upgrade, maintenance, repairs or improvements on our products. Such suspension will be communicated to you and would be carried out as soon as is practicable.
- Service provider reserve the right not to carry out installation for health and safety reasons until client abates all concerns.
- Client has a right to cancel this agreement after placing your order with us but prior to commencement of installation buy service provider. Please note that service provider may charge an administrative fee to process the cancellation.
- Once installation has been commenced, either party reserves the right to terminate this agreement by giving a minimum of 30 days notice in writing within which all accrued bills and charges must be paid.
- Service provider reserves the right to terminate this agreement in writing if the client does not comply with the terms and conditions stated in this agreement.
- If service provider forms an opinion on reasonable grounds that mutual confidence and trust does not exist between both parties.
- If Service provider on reasonable grounds believes that continuing to act for the client may breech the professional conduct rules or violate any government regulation.
- Due to the nature of Client’s services, all communication should be via email which is the official channel of communication, unless otherwise stated in this agreement. Client should ensure that they are equipped to send and receive emails; any other form of communication may not receive prompt attention. Service provider would at all times do its best to ensure prompt and immediate response to all communications via it’s official channel.
- Any dispute arising from this agreement shall be governed by the laws of the Federal Republic of Nigeria.
- Client’s use of the services shall be governed by this agreement and also by the Laws of the Federal Republic of Nigeria in force, including but not limited to the Nigerian communications Act 2003.
In witness of which the parties have executed this agreement in the manner below day and year above first written.
SIGNED BY SERVICE PROVIDER:
SIGNED BY THE CLIENT: