Service Level Agreement

Support

Technical Support

(a) Where Business Fitness is providing Support Services, such support shall, at the sole option of Business Fitness, take the form of:

- telephone advice;

- email transmission correspondence;

- error correction by means of Patches or New Releases; and

- such services as Business Fitness considers are effectively provided off-site.

(b) Business Fitness will deal only and exclusively with the Customer or any of its authorised, suitably qualified or informed representatives when performing the Support Services.

(c) The Customer must have taken all reasonable steps to investigate and diagnose any issues before contacting Business Fitness.

(d) The Customer must appoint a suitably qualified or informed representative to deal with and be the first point of contact in relation to the Support Services.

(e) Business Fitness shall provide the Support Services in response to a report or request by the Customer to Business Fitness:

- of a suspected defect or error, which defect or error allegedly causes the software to deviate from its specifications; or

- for assistance or guidance from Business Fitness.

Support Availability

Business Fitness shall provide the Support Services between 0830 hours and 1700 hours (AEST and AEDT) on every day except Saturday, Sunday or Australian national public holidays. Business Fitness does not warrant that it will be capable of promptly receiving, processing or otherwise acting upon a request for Support Services which is made outside these hours or that it can provide on-site Support Services outside these hours.

When a support ticket is raised by the Customer, the Support team aims to respond within a 4 business hour window. Any support issues not resolved by a Support technician in a timely or satisfactory manner, an escalation path is available to the Product team for further assistance from a Software Developer.

Access

(a) Personnel: If reasonably requested by Business Fitness, the Customer shall provide a suitably qualified or informed representative to Business Fitness' personnel and to provide such advice or assistance to those personnel as may be necessary in order to enable Business Fitness to access HowNow and relevant equipment and to otherwise effectively perform the Support Services or the Excluded Services.

(b) Remote Access: The Customer shall ensure Business Fitness is provided with full and safe access to any and all equipment in order to provide the Support Services or the Excluded Services and is provided free of charge with all information, facilities and services reasonably required to enable the Support Services or the Excluded Services to be performed effectively. This includes allowing Business Fitness to access through telecommunications infrastructure any equipment or hardware from a remote location.

Cloud Products

Business Fitness cloud hosted products operate with a Recovery Time Objective (RTO) and Recovery Point Objective (RPO) of 24 hours for failures identified during standard support availability across its suite of products.  

Our availability objective is 99.9% across all services and products, with consideration of SLA's provided by Microsoft Azure (https://azure.microsoft.com/en-au/support/legal/sla/summary/) whereupon Business Fitness products depend. 

Product summary of RPO and RTO during standard support availability  

Exclusions

Services to be provided by Business Fitness under this Agreement do not include:

(a) correction of errors or defects caused by operation in a manner other than that currently specified by Business Fitness;

(b) correction of errors resulting from data migration or transformation, whether performed by Business Fitness or third parties;

(c) correction of errors or defects caused by modification, revision, variation, translation or alteration not authorised by Business Fitness;

(d) correction of errors caused in whole or in part by the use of other computer programs;

(e) correction of errors caused by the failure of the Customer to provide suitably qualified and adequately trained operating staff;

(f) training of operating staff;

(g) rectification of operator errors;

(h) rectification of errors caused by incorrect use;

(i) rectification of errors caused by the Customer or third party equipment fault;

(j) the Customer or third party equipment maintenance;

(k) diagnosis or rectification of faults not associated with Business Fitness products;

(l) third party materials;

(m) rectification of errors in the Customer's or third party’s data;

(n) furnishing or maintenance of accessories, attachments, supplies, consumables or associated items, whether or not manufactured or distributed by Business Fitness;

(o) correction of errors arising directly or indirectly out of the Customer's failure to comply with this Agreement or any other agreement with Business Fitness;

(p) correction of errors arising directly or indirectly out of any third party’s failure to comply with any agreement between that third party and Business Fitness;

(q) correction of errors or defects which are the subject of a warranty under another agreement; or

(r) to provide Support Services:

- "on-site"; or

- to any third party, at any location,

the above list forms the “Excluded Services”.