Online Services Agreement

Service Agreement

The following statements are an agreement between both parties as “KS Enterprises” and you “the customer” or “the client”.

KS Enterprises reserves the right to change or modify this agreement without any notice and at any time. In the event of a breach of the service agreement, we reserve the right to terminate or suspend any KS services with immediate effect. If KS breach’s the SLA (Service Level Agreement) mentioned your account would be recompensated with account credits.

I “The Customer” I agree to the following:

  • Service(s)/Website(s)/Server(s) I hosted comply with the KS Acceptable Usage Policy.
  • Service(s)/Website(s)/Server(s) I hosted comply with UK Law.
  • I agree not to share confidential KS Enterprises information with any third parties (as described in our NDA/Non-Disclosure Agreement).
  • If a security issue or bug is found with KS Enterprises products or services, I will report them to the KS Security Team using security@kieransaul.co.uk. You can find more information about our disclosure program on our website.
  • I will be responsible for backing up any content on KS Enterprises products or services. (Unless the backup package is selected.)
  • I will install any software updates or security patches to my Service(s)/Website(s)/Server(s).

KS Enterprises Agrees to:

  • ·We aim to install patches and updates across our estate within 14 days of release. This will only apply for KS managed Service(s)/Website(s)/Server(s). Unless the vendor recalls these updates. Our Network Operations Centre will monitor compliance of this.
  • We aim to keep our services operational for 98.0% uptime. You can take our uptime by visiting https://uptime.kieransaul.co.uk
  • We will endeavour to notify you of any maintenance what may take place on the KS Network. You can also track our service status at https://status.kieransaul.co.uk

Service Level Agreement

This SLA is for KS Online Services is part of the service agreement you have with KS. This SLA applies to KS Online Services listed herein (a “Service” or the “Services” but does not apply to separately branded services made available with or connected to the services or to any on-premises software that is part of any service.

If we do not achieve and maintain the service levels for each service as described in this SLA, then you may be eligible for a credit towards a portion of your monthly service fees. KS maintains the right to modify this SLA at any time, but we will notify you 90 days before any changes are made.

SLA Definitions

“Applicable Monthly Period” means, for a calendar month in which a Service Credit is owed, the number of days that you are a subscriber for a Service.


“Applicable Monthly Service Fees” means the total fees actually paid by you for a Service that are applied to the month in which a Service Credit is owed.


“Downtime” is defined for each Service in the Services Specific Terms below.


“Error Code” means an indication that an operation has failed, such as an HTTP status code in the 5xx range.


“External Connectivity” is bi-directional network traffic over supported protocols such as HTTP and HTTPS that can be sent and received from a public IP address.


“Incident” means (i) any single event, or (ii) any set of circumstances, that result in Downtime.


“Management Portal” means the web interface, provided by KS Enterprises, through which customers may manage the Service.


“Service Credit” is the percentage of the Applicable Monthly Service Fees credited to you following KS Enterprise’s claim approval.


“Service Level” means the performance metric(s) outlined in this SLA that KS Enterprises agrees to meet in the delivery of the Services.


“Service Resource” means an individual resource available for use within a Service.


“Success Code” means an indication that an operation has succeeded, such as an HTTP status code in the 2xx range.


“Support Window” refers to the period during which a Service feature or compatibility with a separate product or service is supported.

SLA Terms

For KS Enterprises to consider a claim, you must submit the claim to customer support at KS Enterprises including all information necessary for KS to validate the claim, including but not limited to: (i) a detailed description of the Incident; (ii) information regarding the time and duration of the Downtime; (iii) the number and location(s) of affected users (if applicable); and (iv) descriptions of your attempts to resolve the Incident at the time of occurrence.

For a claim related to KS Products & Services, we must receive the claim within two months of the end of the billing month in which the Incident that is the subject of the claim occurred. For claims related to all other Services, we must receive the claim by the end of the calendar month following the month in which the Incident occurred. For example, if the Incident occurred on February 15th, we must receive the claim and all required information by March 31st.

We will evaluate all information reasonably available to us and make a good faith determination of whether a Service Credit is owed. We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. You must be in compliance with the Agreement in order to be eligible for a Service Credit. If we determine that a Service Credit is owed to you, we will apply the Service Credit to your Applicable Monthly Service Fees.

Service Credits

Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Agreement and this SLA. You may not unilaterally offset your Applicable Monthly Service Fees for any performance or availability issues.

Service Credits apply only to fees paid for the particular Service, Service Resource, or Service tier for which a Service Level has not been met. In cases where Service Levels apply to individual Service Resources or to separate Service tiers, Service Credits apply only to fees paid for the affected Service Resource or Service tier, as applicable. The Service Credits awarded in any billing month for a particular Service or Service Resource will not, under any circumstance, exceed your monthly service fees for that Service or Service Resource, as applicable, in the billing month.

If you purchased Services as part of a suite or other single offer, the Applicable Monthly Service Fees and Service Credit for each Service will be pro-rated.

If you purchased a Service from a reseller, you will receive a service credit directly from your reseller and the reseller will receive a Service Credit directly from us. The Service Credit will be based on the estimated retail price for the applicable Service, as determined by us in our reasonable discretion.

Limitations

This SLA and any applicable Service Levels do not apply to any performance or availability issues:

  1. Due to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centres, including at your site or between your site and our data centre);
  2. That result from the use of services, hardware, or software not provided by us, including, but not limited to, issues resulting from inadequate bandwidth or related to third-party software or services;
  3. Caused by your use of a Service after we advised you to modify your use of the Service if you did not change your use as recommended;
  4. During or to preview, pre-release, beta or trial versions of a Service, feature or software (as determined by us) or to purchases made using Microsoft subscription credits;
  5. That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;
  6. That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;
  7. That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);
  8. That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behaviour

Additional Definitions

“Downtime”: The total accumulated minutes across all services deployed by a customer in a given KSCloud Subscription, during which the app is unavailable. A minute is considered unavailable for a given app/service when there is no connectivity between the app/service and KS Internet gateway.

Monthly Uptime Percentage: The monthly uptime percentage is calculated using the following formula:

Monthly Uptime % = (Maximum Available Minutes – Downtime) / (Maximum Available Minutes) x 100

Service Credits

Monthly Uptime Percentage < 98% | Service Credit10%

Acceptable Usage Policy

You may not use, or encourage, promote, facilitate or instruct others to use, the service or KS sites for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive.

  • Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing or pharming.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality or depicts non-consensual sex acts.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the service to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “system”). Prohibited activities include:

  • Unauthorized Access. Accessing or using any system without permission, including attempting to probe, scan, or test the vulnerability of a system or to breach any security or authentication measures used by a system.
  • Interception. Monitoring of data or traffic on a system with permission.
  • Falsification of origin. Forging TCP-IP packet headers, e-mail headers or any part describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permissions to communicate with them. Prohibited activities include:

  • Monitoring or Crawling. Monitoring or crawling of a system that impairs or disrupts the system being monitored or crawled.
  • Denial of Service (DoS). Inundating a target with communication requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference. Interfering with the proper functioning of any system, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks or flooding techniques
  • Operation of Certain Network Services. Operating network services like open proxies, TOR (The Onion Router), open mail relays, or open recursive domain name services.
  • Avoiding system restrictions. Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions.

No E-Mail or Other Message Abuse

You will not distribute, publish, send or facilitate the sending of unsolicited mass emails or other messages, promotions, advertising, or solicitations (like “spam”) including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this policy orthe acceptable use policy of that provider.

Our monitoring and enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this policy or misuse of the services or KS Site. We may:

  • Investigateviolations of this policy or misuse of the services or KS Site; or·        
  • Remove, Disable access to, or modify any content or resources that violate this policy or any other agreement we have with you for use of the services of the KS Site.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.

Reporting of Violations of this Policy

If you become aware of any violation of this policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this policy, please follow our abuse reporting process.

By using our website, you consent to cookies that personalize this site and the ads you see on others.