SECTION 1 - ONLINE SERVICE TERMS
SECTION 2 - GENERAL CONDITIONS
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
SECTION 5 - PRODUCTS OR SERVICES
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
SECTION 7 - OPTIONAL TOOLS
SECTION 8 - THIRD-PARTY LINKS
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
SECTION 12 - PROHIBITED USES
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SECTION 14 - INDEMNIFICATION
SECTION 15 - SEVERABILITY
SECTION 16 - TERMINATION
SECTION 17 - ENTIRE AGREEMENT
SECTION 18 - GOVERNING LAW
SECTION 19 - CHANGES TO TERMS OF SERVICE
SECTION 20 - SERVICE LEVEL AGREEMENT
This Agreement represents a Service Level Agreement ("SLA"), effective on and after June 1, 2017, between INKA and the Customer for the PallyCon Service. This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.
This Agreement outlines the parameters of the PallyCon Service covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.
INKA solely retains the right to change the terms and conditions of the SLA.
1.1 Service Downtime
"Service Downtime" is when a service user is unable to use the service due to an internal problem of Cloud Service.
1.2 Planned Downtime
"Planned Downtime" occurs when a user is unable to use the Service due to the planned maintenance service.
1.3 Unplanned Downtime
"Unplanned Downtime" means all of Downtime excluding Planned Downtime above.
1.4 Availability Rate
"Availability Rate" is a proportion of time a service is in a functioning condition in a planned available service time.
1.5 Availability Shortfall
"Availability Shortfall" occurs when the availability rate does not meet the expected level defined in SLA. The portion of compensation to the Customer depends upon the amount of the shortfall.
2. Scope and Term
(1) DRM License Issuance for requests from DRM client (2) Registration of content packaging information (3) Web service for checking license issuance status (4) Online Customer Support via Helpdesk website (pallycon.zendesk.com)
The term of SLA shall be subject to the said License Agreement commences as of the effective date of the said License Agreement.
3. INKA's Responsibility
(1) Meeting response times associated with service related incidents. (2) Appropriate notification to Customer for all scheduled maintenance.
4. Customer's Responsibility
(1) Payment for all support costs at the agreed interval. (2) Reasonable availability of customer representative(s) when resolving a service related incident or request.
Service failures caused by the followings are excluded from SLA:
(1) Failures due to the third party software, hardware or service including network or Amazon Web Service.
(2) Errors caused by the Customer's integration with the Service or SDK.
(3) Failures caused by force majeure described in the license agreement.
6. Service Levels
Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability, monitoring of in-scope services and related components.
6.1. Service Availability
INKA should measure the following service availability.
o Availability Rate is calculated with Scheduled Service Uptime and Service Downtime counted by 10 minutes period.
o Momentary service downtime less than 10 minutes is not calculated for Availability Rate.
o Service downtime related with SLA Exclusion is excluded from Availability Rate calculation.
o Availability Shortfall occurs when the monthly Availability Rate has fallen below INKA's Service Level Objective.
o If Service Availability Shortfall occurs, INKA shall offer free license issuance royalty as described in the section 7.2.
o The targeted monthly Availability Rate is 99.5%
6.2. License Server's Performance
INKA shall undertake reasonable effort to achieve the following average response time for the Service's license server.
(1) 3 seconds of response time for license request (2) 5 seconds of response time for initial registration of client device. (3) 5 seconds of response time to register content packaging information.
7. Support and Compensation
7.1. Customer Support
In support of services outlined in this Agreement, INKA will respond to service related incidents and/or requests submitted by the Customer within the following time frames:
(1) Within 24 hours for initial notification response. (2) Within 3 working days for detailed support result.
7.2 Compensation for Availability Shortfall
If the customer can not use the service by providing less than 95% availability due to the company's obvious reasons, we will compensate the customer through consultation with the customer.
If you want to claim damages, you must file a written application with the details of the reason, claim amount and calculation basis, and details of the disability.
① Availability refers to the ratio of the time (actual operation time) that the service can be accessed to the service operation time (scheduled operation time).
② Service Failure means the service interruption due to an internal server error occurring in the part directly managed and managed by the company to provide the service.
Disability time is measured from when the customer notifies the company of the fact that the service has not been used (or when the company has known or understood it before).
If the monthly availability provided in Paragraph 1 is not met, the amount of damages will be applied to the settlement of service charges for the month, and the way of compensating for damages may be changed.
SECTION 21 - CONTACT INFORMATION