Last Updated: May 5, 2018
This Enterprise Service Level Agreement (SLA) for Gaggle.Net, Inc. ("Gaggle") Solutions ("Services") is made in connection with, and is a part of, your (Customer) Gaggle invoice, Customer contract or Subscription Agreement for Services including, but not limited to: Archiving & Backup, Safe Communication Tools, Safety Management and School & District Websites. This SLA establishes the understanding for Gaggle to provide any of these Services to ensure maximum performance and uptime. Compensation for the Services provided under this SLA shall be at the rates and terms set forth in a Gaggle invoice, Customer contract or Subscription Agreement.
1. Descriptions of Services
Gaggle Safe Communication Tools (Platform)
Gaggle Safe Communication Tools (Platform) includes Calendars, Email and Digital Lockers, all of which may be revised from time to time. A Customer may also choose to only use Gaggle Email for students and/or staff.
Customer must notify Gaggle of the name and contact information for the Account Administrator responsible for the management of the Platform or Email and enforcement of access security including accounts, passcodes and access codes. If Customer changes the Account Administrator, Customer must immediately notify Gaggle.
Archiving & Backup
Gaggle Archiving & Backup includes the archiving of all Customer email messages up to 50 megabytes (MB) in size, and all cloud-based (Drive) files up to 300 megabytes (MB) in size.
This Service includes full-text indexing, tiered administrator access permissions, granular litigation management, audit logs of access and activity, policy-based data retention and advanced search, data recovery and export options. Gaggle shall not be required to archive, and Customer shall not transmit, miscellaneous documents, which are not attachments to specific email communications for the sole purpose of archiving non-email related documents.
A separate drive-based archiving solution can be also purchased, which provides archiving of cloud-based files subject to certain file size and file type limitations. This service is intended for individual user-based file archiving versus the archiving of data systems.
As an additional service, which may include additional charges, all email content and cloud-based files archived by Gaggle may be delivered to Customer’s designated server, as needed and upon request, to supplement any backup or disaster recovery program developed and maintained by the Customer.
Safety Management and SpeakUp Safety Tipline
Gaggle shall monitor email, message communications, documents and other file types subject to certain file size limitations within the Gaggle Platform and third-party services including, but not limited to, those from Google Inc. and Microsoft Corporation.
Gaggle shall not make Safety Management or SpeakUp Safety Tipline available to Customer until Customer has provided Gaggle with the identity of three (3) Designated Emergency Contacts including all emergency contact information. “Designated Emergency Contact” means the individual(s) designated by you to receive and act upon Gaggle notifications.
If there is a change in any Designated Emergency Contact and/or emergency contact information, you must immediately notify Gaggle of all applicable changes. Your failure to immediately notify Gaggle of any changes to the Designated Emergency Contact information will result in the delay or inability of Gaggle to properly send notifications to your organization.
Gaggle School and District Websites
Gaggle shall install, operate and maintain one or more websites (Sites) and licensed software. Gaggle will utilize commercially reasonable efforts to provide Customer and its Constituents access to Sites via the Internet 24 hours per day, seven days per week, except for routine or required maintenance or other outages outside the control of Gaggle.
Gaggle may install Upgrades, Software Enhancements, “bug fix releases” and other updates to the Sites at its sole discretion. Customer recognizes and agrees that, due to the nature of a vendor-hosted technology environment, it shall be required to utilize the current version of the Site(s) and licensed software. Gaggle will have no responsibility for providing hardware, software or services needed to access the Site(s) from Customer’s location, all of which will be provided by Customer or its Constituents.
2. Service Standards
Gaggle shall regularly maintain and update, as needed, all Services. General maintenance typically shall not result in an interruption of Services (Downtime) except for Scheduled Downtime or Emergency Downtime, which is outside the control of Gaggle.
Gaggle guarantees that its Services shall be available 99.5% of the time in a given month, excluding Scheduled Downtime for maintenance and Emergency Downtime. Downtime exists when a particular Customer is unable to send or receive data from Gaggle servers, the failure is resolvable by Gaggle, and such failure has been clearly and fully communicated in writing to the Gaggle technical support team. Downtime shall be applicable until the server is able to send and receive data as confirmed by Gaggle’s monitoring systems. Maintenance and updates to Services, which may require an interruption of Services, shall be scheduled by Gaggle through notice to Customer of the Scheduled Downtime. Gaggle shall undertake commercially reasonable efforts to arrange Scheduled Downtime for maintenance and updates to be performed during off-peak hours.
When third-party applications are used within Gaggle Services, Gaggle does not have control over these applications. Downtime of these applications is specifically excluded from this SLA.
This SLA and any applicable Services do not apply to any of the following:
Issues that are due to factors outside of Gaggle’s control including, but not limited to, natural acts of God, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks or hackers, failure of third-party software or inability to obtain raw materials, supplies or power used in or equipment needed for provision of this SLA.
Interruptions that result from Customer and/or a third-party hardware or software and that are not within the primary control of Gaggle.
Issues that result from outages between Gaggle’s Internet Service Provider and Gaggle servers.
Interruptions relating to Domain Name Server (“DNS”) issues outside the control of Gaggle including DNS propagation or any delays in the registration or transfer of domain names and browser or DNS caching that may make Customer Site appear inaccessible when others can still access Customer Site.
Scheduled Downtime including upgrades and Emergency Downtime, as described in Section 2.
Customer acts or omissions (or acts or omissions of others engaged or authorized by Customer) including, without limitation, custom scripting or coding and any unauthorized, unlawful email practices.
Issues due to any negligence, willful misconduct or use of the Services in breach of this SLA, Terms & Conditions and other related documents.
This SLA shall commence on the Service Start (Commencement) Date and ends on the earlier of the Service End (Expiration) Date or at the time of termination in accordance with Section 7.
5. Roles and Responsibilities
The Services under this SLA are provided to Customer pursuant to Tiered Administrator Access Permissions, which Customer will select and assign to its users based on the access and security needs of the Customer’s organization. Users shall only be allowed to access and utilize the Services based on the designated Administrator Access Permission. Customer is responsible to communicate all usernames and passwords to its users. Customer shall control all Customer Tiered Administrator Access Permissions and any changes to those Permissions.
Use of accounts shall be limited to those individuals granted access by the Customer who is solely responsible for the assignment of accounts and the enforcement of user access security. Gaggle shall use commercially reasonable efforts to advise Customer in identifying any known security breach, but Gaggle shall not be liable to Customer or any user for any inability, failure or mistake in connection with such assistance. Customer is responsible, at its own cost and expense, to maintain all Customer (Client) Software and Hardware Configurations recommended by Gaggle, which may be updated from time to time. Customer shall report to Gaggle any changes to its Customer (Client) Software and Hardware Configurations.
Customer shall be responsible for monitoring and reporting any problems with its Customer (Client) Software and Hardware Configurations to Gaggle through written or digital format. All Gaggle Services shall only be used in a manner consistent with the appropriate uses associated with the operations and functions of Customer’s organization and shall not be contrary to public policy, the law and commercially acceptable online etiquette. Failure to comply with these limitations may result in Gaggle suspending or terminating the Services of the violating user or all Customer accounts without notice. Gaggle maintains a ticket system to manage all Customer issues. Gaggle provides Customer Service between the hours of 7 a.m. and 6 p.m. CT, Monday through Friday.
Customers can reach Customer Service by email (email@example.com), telephone (800.288.7750) or by accessing a live chat feature within the Gaggle interface and on the Gaggle website. After hours support is provided through a monitored email account at firstname.lastname@example.org. Gaggle provides additional technical support twenty-four (24) hours per day, seven (7) days per week. Response time commitments are made based on the severity of the issue, ranging from six (6) hours for critical issues, to twenty-four (24) hours for informational requests.
6. SLA Claim
If Customer believes Gaggle is in violation of this SLA, Customer should send an email to Gaggle at email@example.com indicating the day(s) and time(s) in which the unavailability of Services occurred. Gaggle will review each claim and respond to the sender of the email within one (1) full business day.
Either party may terminate the Services under this SLA at any time by providing thirty-day (30) written notice of the intent to terminate. Gaggle may also terminate or suspend any and all Services immediately, without prior notice or liability, if Customer breaches any conditions set forth in this SLA or in the Terms & Conditions the Customer accepted by clicking the Accept button prior to accessing Gaggle Services. Gaggle can, at any time, modify or discontinue any of its Services without liability to any user or third party.
Unless specified otherwise herein: (a) all notices must be in writing and addressed to the attention of the other party’s legal department and primary point of contact; and (b) notice will be deemed given: (i) when verified by written receipt if sent by personal courier, overnight courier or when received if sent by mail without verification of receipt; or (ii) when verified by automated receipt or electronic logs if sent by facsimile or email.
Neither party may assign or transfer any part of this SLA without the written consent of the other party, but only if: (a) the assignee agrees in writing to be bound by the terms of this Agreement; and (b) the assigning party remains liable for obligations incurred under the Agreement prior to the assignment. Any other attempt to transfer or assign is void.