UPMAIL SERVICE LEVEL AGREEMENT

1. Client support and service availability

1.1. Client support is available between the hours 09:00 and 18:00 GMT, Monday to Friday (excluding UK Bank Holidays and statutory holidays). Support queries will be accepted via email to support@upmailsolutions.com or by telephone on +44(0) 74 73 49 48 48.

1.2. The target availability for the UpMail platform is twenty four (24) hours a day, seven (7) days a week excluding any scheduled or emergency maintenance. The Client will be informed about any scheduled releases to the platform via the Post Log-in Information Window and their Account Manager approximately seven (7) days prior to this taking place.

2. UpMail platform availability commitment scope

2.1. During each month of the Service Term of the Agreement, UpMail undertakes to the Client that the UpMail Platform shall be capable of being accessed (except as set out in clause 4.2 below) no less than 99.9% of the time, twenty four (24) hours a day, seven (7) days a week.

3. Scheduled maintenance scope

3.1. Scheduled maintenance shall mean Maintenance Releases aimed at achieving enhanced performance from the platform or Product Releases which will see the introduction of new functionality and any maintenance at the data centre at which the UpMail platform is located (a) of which the Client is notified in advance, and (b) that is performed outside of normal working hours. The Client will be notified via the Post Log-in Information Window and their Account Manager prior to carrying out such maintenance and details of the time anticipated to complete the maintenance will be stated. Nothing in this paragraph shall prevent UpMail from conducting emergency maintenance on an as needed basis.

4. UpMail platform availability commitment

4.1. If the Client opens a support case with UpMail Support Team within five (5) days of UpMail platform unavailability and following review, UpMail Solutions determines that the UpMail platform was unavailable, that outage will be used to calculate unavailability for the remedies provided below. Where service availability falls below 99.9% in any one calendar month the Client is entitled to service credits at the following levels:

4.1.1. 97.1% to 99.9% – 5% of monthly service Fee credited back to account.

4.1.2. 95.1% to 97.0% – 10% of monthly service Fee credited back to account

4.1.3. 93.1% to 95.0% – 25% of monthly service Fee credited back to account

4.1.4. 90.1% to 93.0% – 50% of monthly service Fee credited back to account

4.1.5. 0.0% to 90.0% – Full monthly Fee service credit

4.2.6. If the Client has paid an annual Fee, then a pro rata will be used to calculate a monthly Fee.

4.2. Unavailability shall not be deemed to occur as a result of maintenance activities (emergency and scheduled); acts or omissions of the Client or its agents; network unavailability outside UpMail network; backbone outages; power failure of the National Grid; or events of Force Majeure as set out in the Agreement. For the avoidance of doubt the Client shall not be eligible for service credits if they are in violation of their responsibilities as set out in the Service Level Agreement or have any outstanding fees.

4.3. UpMail Solutions will calculate the Client’s UpMail platform ‘Unavailability’ in a calendar month. UpMail platform ‘Unavailability’ consists of the number of minutes that the UpMail platform was not available to the Client for the distribution of messages, as per the definition of ‘Unavailability’ in 4.2.

5. Information policy

5.1. UpMail Solutions does not share, disclose or sell any personally identifiable information (such as users name, address, mobile number or email address) collected online via the Platform with other companies or organisations. In the future, should UpMail solutions decide to share such data with third parties for marketing, it will provide notification and the opportunity for its users to indicate whether they would rather that UpMail Solutions did not provide such information about them to third parties. Because this information is a critical part of our business, it would be treated like our other assets in the context of a merger, sale or other corporate reorganisation or legal proceeding.

5.2. UpMail Solutions uses the personally identifiable information we collect online principally to provide you with the Product(s) / Service(s) you have ordered and to let you know about other offerings, which may be of interest to you. Postal, email address and mobile number information, for example, enables communication about services offered and ordered, as well as the proper provisioning and billing of those services.

5.3. UpMail Solutions also provide personally-identifiable online information in response to subpoenas and other legal demands, and where we believe that disclosing this information is necessary to identify, contact or bring legal action against individuals who may be endangering public safety or interfering with UpMail Solutions property or services, or with our customers’ or others’ use of them.

5.4. UpMail Solutions may also use “cookies” and similar technology to obtain information about your visits to our sites or your responses to email and text messages from us – both individually and in aggregated data that does not identify you. These reporting tools tell UpMail Solutions the parts of the web sites or emails in which the Client showed an interest or took some action, and help us improve the quality and usefulness of our sites. UpMail Solutions primarily uses cookies to determine what services the Client is interested in.

5.5. UpMail will possibly use Client’s logo and testimonial on commercial website and marketing collaterals.

6. Security

6.1. UpMail Solutions use encryption, firewalls and other technology and security procedures to help protect the accuracy and security of your personal information and prevent unauthorised access or improper use.

7. Client’s access to information

7.1. The Client may review or update the available personally identifiable information that we received from you by accessing your account online or by contacting the UpMail Support Team. Please note that in order to better protect you and safeguard your information, UpMail Solutions take steps to verify your identity before granting access or making corrections to your information.

7.2. UpMail Solutions may use email addresses you provide us online on UpMail sites to send you emails related to UpMail Solutions products and services or if you have affirmatively indicated a desire to receive additional information. If at any time, you would prefer not to receive further marketing communications, please use the unsubscribe action contained within the email.

8. Client’s responsibilities

8.1. The Client shall be held responsible to UpMail Solutions for any use of their username and password by third parties. In this respect the Client is recommended to keep their username and password to the UpMail Solutions in a safe place and not reveal it to third parties.

8.2. The Client shall be held responsible for the delivery of all emails sent via the UpMail platform. UpMail Solutions insists that the Client conform to the highest possible standards of permission from email recipients and will never knowingly participate in the distribution of unsolicited emails.

8.3. The Client is responsible for any transmissions which occur to recipients outside of the European Economic Area which are prohibited by the Data Protection Act.

8.4. The Client shall be responsible for the content of any message, which the UpMail platform transmits or processes on the Client’s behalf or on behalf of any third party. The Client shall ensure that messages transmitted from the UpMail platform are not intended to worry or annoy recipients, or are unlawful, in particular; scenes of violence, pornography, incitement or racial discrimination.

8.5. If a competent authority notifies UpMail Solutions of unlawful use of the Platform, UpMail Solutions may suspend the Client’s access to the UpMail platform for a particular period of time or may terminate the Agreement without notice and without paying compensation.

8.6. The Client acknowledges that UpMail Solutions cannot be held responsible for the content within Clients’ emails. Furthermore, UpMail Solutions requires the Client to follow the guidelines below which are intended to ensure that all email communications are appropriate, “opted-in” and offer easy means for “opt-out”.

8.7. All Content is the sole responsibility of the Client. The Client is entirely responsible for all Content that is emailed or otherwise transmitted via the Platform. UpMail Solutions does not control the Content and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will UpMail Solutions be liable in any way for the Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Platform.

8.8. The Client shall comply with all applicable laws and regulations in any country where message services are marketed or provided. For Clients operating in the EU, the following EU directives (or national implementations) have particular relevance (a) E-Privacy Directive; (b) Commerce Directive; (c) Data Protection Directive; and (d) Unfair Contract Terms Directive.

8.9. The Client agrees that it will not:

8.9.1. upload, email or otherwise transmit any Content or use data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially ethnically or otherwise objectionable;

8.9.2. impersonate any person or entity or falsely state or otherwise misrepresent Client’s affiliation with a person or entity;

8.9.3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform;

8.9.4. upload, email or otherwise transmit any Content that infringes any patent, trademark, trade secret copyright or other proprietary rights of any party;

8.9.5. upload, email or otherwise transmit any Content the Client does not have a right to transmit under any law or under contractual relationships;

8.9.6. upload, email or otherwise transmit any unsolicited or unauthorised advertising where a recipient of such advertising has previously advised in writing (or email or text message) that they do not wish to receive any further advertising transmissions.

Contact UpMail Solutions

If you have any questions about our Service Level Agreement, please contact us by clicking here or writing to hello@upmailsolutions.com or writing to us at Sunshine Blink ltd., 76a Creffield Road, W3 9PS, London, United Kingdom. Your use of our website and services and any possible dispute over privacy are subject to this Service Level Agreement and our Terms of Services, including limitations on damages, arbitration of disputes, and application of England law.

Last Updated: January 2017