SERVICE LEVEL AGREEMENT – SLA
- Galor shall provide the Licensee with support services for Travel Booster as provided herein, subject to the performance of all of the following cumulative terms and conditions:
- The Licensee has complied with all its obligations and commitments pursuant to the Agreement including without limitation making all payments due.
- The Licensee shall provide Galor with full and free access to all its Workstations operating Travel Booster.
- Subject to the terms and conditions of this Agreement, where requested by the Licensee, Galor shall make its best commercial effort to fix bugs/malfunctions; provide solutions (the “Support Services”).
- The Support Services shall be provided via the internet customer support portal.
- Support Services shall be provided in English during Galor working hours
- Sunday through Thursday between 08:30-17:30 Tel Aviv time
- Critical technical support is included 24/7
- The Parties agree that only one of the Licensee personnel trained and approved by Galor shall be entitled to directly contact Galor for Support Services purpose, and Licensee will provide Galor with the name of such personal in advance.
- Galor’s duty to answer a call out in order to provide Support Service as detailed above, shall be effected within the next business day from receiving a call out by the Licensee (not including holidays for which a prior written notice shall be delivered to the Licensee).
- After a malfunction which Galor is under a duty to make its best commercial effort to rectify pursuant to section 2 above, is discovered in Travel Booster, Galor will inform the licensee of the required steps and measurements needed to be taken and if required may inform the Licensee to ensure that Travel Booster will not continue operating, until Galor has affected the repair thereto, which, in Galor opinion, shall be required for the proper operation thereof. Galor, for its part, undertakes to commence locating the malfunction immediately, and to conclude the rectification thereof with the utmost speed.
- A rectification which Galor is under a duty to make its best commercial effort to effect pursuant to section 2 shall only be given to Galor to effect, and the Licensee undertakes not to give the said rectification to be effected by any other person or entity.
- The Licensee shall make available to Galor and instruct its employees to grant Galor all information in its possession which may assist in locating the fault or the malfunction and for the purposes of locating the factors therefore, and it shall give Galor all assistance that shall be required in order to achieve the said objects, including by carrying out trial operations and running ancillary diagnosis software.
- Notwithstanding anything herein to the contrary and without derogating from Galor’s right to terminate the Agreement under the Agreement terms, Galor shall be exempt in any event from providing Support Services for Travel Booster, where the Licensee has committed a Fundamental Breach of the Agreement.
- If Galor affects a repair to Travel Booster and the Licensee maintains that the bug/malfunction remains after the repair, the Licensee shall give notice to Galor of the bug/malfunction which the Licensee asserts and it shall enable Galor to examine the asserted bug/malfunction and to once more make its best commercial effort to repair it. If the Licensee does not enable Galor to carry out the foregoing, the Licensee shall not have any complaint against Galor in connection with the said bug/malfunction.
- Without derogating from the disclaimers and/or limitations on liability in the Agreement, Galor’s liability hereunder is limited to only providing the Support Services pursuant to this SLA, and it shall not bear any monetary and/or other kind of liability to the Licensee and/or to any other third party in connection herewith. The Licensee expressly releases Galor from any and all direct and/or indirect and/or consequential damage that may be occasioned, if at all, to it or to any third party in consequence of a bug/malfunction and/or Galor’s actions and/or omissions in connection with Galor’s efforts to rectify a bug/malfunction and/or in consequence of the shutdown of Travel Booster and/or any other software/hardware.
- Galor shall be entitled to assign its obligation to provide the Support Services to another/others, in its sole discretion.
- This SLA shall terminate automatically upon the termination of the Agreement unless terminated earlier by mutual written consent of the Parties.
- For the avoidance of doubt, it is hereby agreed and expressed that even if the Licensee waives the necessity of receiving the Support Services from Galor, such waiver shall not cancel or derogate from its obligations to Galor pursuant to the Agreement.
- Hardware services
Licensee acknowledges that the hosting services for the Travel Booster are provided by Amazon according to its SLA agreement as detailed in Amazon internet site http://aws.amazon.com/ec2-sla/ (hereinafter: “the Amazon Agreement”) Licensee agrees that Galor’s liability with respect to any hardware malfunctions shall be limited to the actual compensation paid by Amazon to Galor as a result of any breach by Amazon of its undertakings under the Amazon Agreement. Galor agrees to compensate the licensee for all actual funds received from Amazon as a result of such breach.
This page was updated in June 2022.