Following are the SaaS Terms of Service for SaaS (the "Service"), a service of SectionBox ("SectionBox", "we" or "us") that enables customers to optimize and enhance internal operation of their organization.
"You" or "Customer" means the customer specified in the registration information for that customer's account for the Service.
These SaaS Terms of Service govern your use of and access to the Service. SectionBox may update and change these SaaS Terms of Service from time to time by posting an updated version of such new SaaS Terms of Service at www.sectionbox.org/index_legal.php#terms_of_service. Changes will become effective fourteen (14) days after they are posted. If you continue to use the Service after that date, you thereby agree to the updated SaaS Terms of Service. Unless SectionBox otherwise indicates, your use of any new features, changes, and enhancements to the current Service shall be subject to these SaaS Terms of Service.
Please read the following carefully before using the Service.
By signing up for an SectionBox Service, by using the Service you acknowledge that you have read, understand, and agree to be bound by these SaaS Terms of Service. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these SaaS Terms of Service, please do not use the Service.
"Customer Data" means the data gathered and stored by the Software comprising Services when you are using the Service.
"Malicious Code" means software viruses, Trojan horses, worms, malware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a computer system or any component of such computer system.
"Software" means any software (including any utility, application program interface or tools) provided by SectionBox to you in connection with the Service, whether or not such software is locally installed on your systems or accessed by you online or by any remote means.
"Users" means your affiliated persons, members, employees, agents and independent contractors who are authorized by you to use the Service.
"Foreigner" means entity in the Service that refers to the person that is affiliated with the organization and does not have User access to the Service.
"Documentation" means text accessible and published via the Service and describes nature, functions and features of the Service and provide to User manual for use of the Service.
2.1 SectionBox hereby grants you a non-exclusive, non-transferable subscription to use the Service and the Software during the Term, solely for your internal use in accordance with the documentation and subject to these SaaS Terms of Service.
2.2 Administration. SectionBox will issue to one User ("Administrator") an individual login identifier and password ("Administrator's Logon") for purposes of administering the Services. Using the Administrator's Logon, the Administrator shall assign each remaining User a unique logon identifier and password and assign and manage the business rules that control each such User's access to the Services. Customer shall ensure that each User will:
11.1 You may not falsely imply that any other website, company, or person is associated with the Service, SectionBox, or any other SectionBox service.
11.2 You understand that the technical processing and transmission of the Service may be transferred unencrypted over a network, and assume all risks related thereto. SectionBox shall not be liable to you for any liabilities arising from the operation of the Service over the Internet or other network.
11.3 You may not assign your rights under these SaaS Terms of Service without our prior written consent, which consent shall not be unreasonably withheld.
11.4 This Agreement shall be governed by the laws of the EU without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction.
11.5 The failure of either party to exercise or enforce any right or provision of these Saas Terms of Service shall not constitute a waiver of such right or provision.
11.6 All notices and correspondence under these SaaS Terms of Service shall be in writing and shall be delivered by electronic mail.
11.7 Force Majeure. Neither party shall be liable to the other party for any delay which is due to fire, flood, lockout, transportation delay, war, acts of God, governmental rule or order, strikes or other labor difficulties, or other causes beyond its reasonable control. However, in such event, both parties shall resume performance promptly after the cause of such delay has been removed.
11.8 Independent Contractors. The parties are independent contractors and neither party is an agent of the other party. These SaaS Terms of Service do not create a partnership, franchise, joint venture or employment relationship between the parties.
Last modified: February 7, 2016
This Service Level Agreement ("SLA") shall apply to SectionBox's Software-as-a-Service ("SaaS") offerings (collectively, the "Services") during the term of the Customer's subscription for such Services as agreed with SectionBox and subject to the SsaS Terms of Service ("Agreement"). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.
1.1 The Service will, subject to the exceptions listed below, be available 99% of the time during each calendar month from the time that the Services go-live in Customer's production environment (referred to herein as the "Availability Commitment"). The availability of the Service for a given month will be calculated according to the following formula (referred to herein as the "Availability):
1.2 For purposes of this calculation, the Service will be deemed to be unavailable (referred to herein as "Unavailable") only:
1.3 Maintenance performed at Customer's request outside of the normally scheduled maintenance will not be considered an outage.
2.1 The Service will not be considered to be Unavailable for any outage that results from any maintenance performed by SectionBox:
2.2 The SectionBox network extends to, includes and terminates at the data center located router that provides the outside interface of SectionBox's WAN connections to its backbone providers (referred to herein as the "SectionBox Network"). The Service will not be considered Unavailable for any outage unavailability of the Service due to:
3.1 Subject to the exceptions provided for in this SLA, Customer will have the rights set forth below:
Last modified: October 18, 2013
This Support Guide sets forth the terms, conditions, and procedures under which maintenance and support ("Support") is offered for SectionBox's Software-as-a-Service ("SaaS") offerings (collectively, the "Services") during the term of the Customer's subscription for such Services as agreed with SectionBox and subject to the SsaS Terms of Service ("Agreement"). Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.
Support will consist of:
Support will not include:
The Representative is contact person for communicating with SectionBox concerning Support, or making any other request or providing any notice. Such person is determined during the setup of the Service for particular Customer and Customer may change the Representative upon written notice to SectionBox.
Customer will have access to SectionBox's technical support personnel ("Technical Support") as follows:
Technical Support shall prioritize problems/requests according to the severity levels set forth below. SectionBox will use commercially reasonable efforts to respond according to the Response Specifications set forth below with respect to the Severity Level assigned to the problem:
* Response times are measured from the time Customer has acknowledged SectionBox Technical Support specifying the nature of the Customer's problem.
The severity level of the problems reported by Customer shall be reasonably determined by SectionBox. SectionBox will resolve each reported error or issue with the Services by using reasonable efforts to provide:
Support covers any issue or problem that is the result of a verifiable, replicable error (SectionBox will use all reasonable means to verify and replicate) in the Services ("Verifiable SectionBox Issue"). An error will be a Verifiable SectionBox Issue if it constitutes a material failure by the Services to function in accordance with the Documentation included in the Services. If Technical Support reasonably determines that Customer's problem is not caused by SectiponBox or its systems, equipment, or software, SectionBox is not obligated to provide support under this Agreement. Nevertheless, SectionBox will, if possible, offer suggestions as to how Customer can remedy the problem. If SectionBox determines that the issue was not the result of a Verifiable SectionBox Issue, SectionBox may offer to provide out of scope professional services subject to prior, mutual agreement of the parties.
Customer's designated representative shall initiate all requests for Support. The representative must be trained, qualified and authorized to communicate all necessary information, perform diagnostic testing under the direction of the SectionBox service representative and be available during the performance of any Support if required.
At the time of Customer's initial call or e-mail, please prepare to provide:
For new cases, a SectionBox Customer Support Specialist will use the following process to assist Customer with a new case (problem):
Last modified: October 18, 2013
We are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us.
"Personal Information" means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, personal profile, a home or other physical address, an email address or other contact information.
Any information, video, image, data, text, documents, or other content posted at your direction onto a public area of the Site becomes publicly published content and will be available to all users of the Site even if such content contains Personal Information. Please note that if you publish your contact information, you may receive unsolicited messages from users and visitors to the Site. We encourage you to publish only information you are sure you want to be accessible to anyone.
Currently, we do not require you to provide Personal Information in order to have access to information available on our Site. However, in order for us to provide you with Service you must have an account ("Account") and provide us with your email address, a password that you will use for your Account, and other specified information. We shall then send you an email to your email address to instruct you how to finish your registration.
If you submit Personal Information to us through the Site or Service, then we will use your Personal Information to improve our services to you, to contact you, and to identify and authenticate your access to the Site or services that you are authorized to access.
We may transfer your Personal Information within SectionBox or to SectionBox's third-party service providers, but only to provide services to you. This information may be transferred to other countries around the world.
We may also use your email address to send updates, a newsletter or news regarding our services.
We may disclose your Personal Information or any information you submitted via the Site or Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to:
We may use Anonymous Information (as defined below) or disclose it to third party service providers, to improve our services and enhance your experience with the Site and the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements.
Anonymous Information means information which does not enable identification of an individual user or identified customer, such as aggregated information and statistics about the use of our Site and Service.
None of our Site pages and the SaaS Service utilizes "cookies".
To the extent that you provide us with Personal Information as part of the registration process for general use of the SectionBox website, SectionBox wishes to maintain accurate Personal Information. You may check the information in your user settings and add information, delete information or correct any incorrect information we have.
Our Site may contain links to other sites. Other sites may also reference or link to our Site. We are not responsible for the privacy practices or the content of such other sites.
The Site is not structured to attract children under the age of 18. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 18 years of age.
Last modified: October 18, 2013