Terms & Conditions
IMA Service Level Agreement
If you are opening an MMS account or including this Agreement by reference in a purchase order, this contract is between Integrated Mobile Apps (IMA) and your organization. You represent that you have the legal authority to bind your organization to this agreement. If you are an individual MMS user, this Agreement is between you and Integrated Mobile Apps (IMA)
Statement of Warranty
Integrated Mobile Apps Inc. warrants that its services MMS (Mobile Management System) will be provided in a professional and workmanlike manner, in accordance with industry professional or technical standards. Integrated Mobile Apps will not be held responsible in any way for limitations, if any, in Licensee’s mobile device, and or third party hardware or software that are not caused by MMS management of data or imapps.us is not responsible for loss of data in transmission, improper transmission by Licensee or failure by Licensee or any third party app to act on any communication transmission to or by Licensee through Integrated Mobile Apps services/MMS , except to the extent caused by Integrated Mobile Apps Inc. In the event of no transmissions or loss of data transmission, Integrated Mobile Apps Inc. will use its best efforts to recreate such transmission from the mobile device once reception can be acquired. Integrated Mobile Apps Inc. warrants that (i) the hardware and software utilized by Integrated Mobile Apps Inc. in performing with in the services level agreement and are adequate to allow Integrated Mobile Apps Inc. to perform to the services level agreement called for pursuant to this Agreement, and (ii) it owns or has valid and enforceable licenses to use (and where appropriate, to change, modify or augment the source code of) the supported applications, as necessary or appropriate to perform services under this Agreement. Additionally, the software and hardware used by Integrated Mobile Apps Inc. in performing the services/ MMS has been tested to ensure that such software and hardware has been designed to ensure date data century recognition, calculations which accommodate same century and multi-century formulae and date value, and date data entry of all values that reflect the century
Integrated Mobile Apps Inc. represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder; and (ii) the performance of its obligations and delivery of the services/MMS to Licensee will not violate any applicable U.S. laws or regulations, including OSHA requirements, or cause a breach of any agreements with any third parties.
Notification and Problem Reporting
Integrated Mobile Apps Inc. shall notify Licensee by telephone, email, fax and/or pager within 60 minutes after Integrated Mobile Apps Inc. has determined that the contracted application is not available to the Licensee or sooner if possible. Integrated Mobile Apps Inc. shall notify Licensee by email of any planned outages for maintenance purposes at least 24 hours prior to the planned outage.
The designated Licensee representative(s) will contact Integrated Mobile Apps Inc. Technical Support for all problems related to the _failure to send necessary application data to hosted application server. Integrated Mobile Apps Inc. will determine the nature of the problem, Integrated Mobile Apps Inc. and Licensee will set the relative priority and Integrated Mobile Apps Inc. will open a trouble ticket to initiate the problem resolution process. Integrated Mobile Apps Inc. Product Support is available via email and toll-free phone from 5:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday.
Escalation Procedures
In the event the availability or the functionality of the contracted application is affected due to a software problem or outage, the following escalation procedures apply:
Severity of problems will be classified according to the following descriptions and administered by the Product Support Group (Level 1) as part of their call processing and problem management processes.
▪ High: Problems that cause critical impact to the business function(s) of customer. Justifies immediate management attention and dedicated resources applying continuous efforts to resolve as soon as possible.
▪ Medium: Problems causing degradation of service resulting in impact to the business function(s) of customer. Justifies priority attention and application of resources to resolve in a timely manner.
▪ Low: Problems causing low impact to the business function(s) of customer. Requires timely resolution to minimize future impacts. Resources should be allocated in accordance with normal managerial planning prioritization.
Notification Levels are defined below:
▪ Level 1: Integrated Mobile Apps Inc.’s Product Support Group
▪ Level 2: Integrated Mobile Apps Inc. Applications Consultant or his/her assigned back-up, who is on-call during business hours and accessible via pager and cell phone.
▪ Level 3: Integrated Mobile Apps Inc.’s Product Development Group. A Product Development liaison will report back to the assigned Applications Consultant, the problem resolution status, next steps, workarounds, if any, and an anticipated date of resolution. Problems will be escalated according to the following matrix:
Category If not resolved at Level 1, Notification to Level 2 If not resolved at Level 2, Notification to Level 3 High Within 1 hour Within 2 hours Medium Within 4 hours Within 8 hours Low Within 8 hours Within 2 Business Days
▪ High: Problems that cause critical impact to the business function(s) of customer. Justifies immediate management attention and dedicated resources applying continuous efforts to resolve as soon as possible.
▪ Medium: Problems causing degradation of service resulting in impact to the business function(s) of customer. Justifies priority attention and application of resources to resolve in a timely manner.
▪ Low: Problems causing low impact to the business function(s) of customer. Requires timely resolution to minimize future impacts. Resources should be allocated in accordance with normal managerial planning prioritization.
Notification Levels are defined below:
▪ Level 1: Integrated Mobile Apps Inc.’s Product Support Group
▪ Level 2: Integrated Mobile Apps Inc. Applications Consultant or his/her assigned back-up, who is on-call during business hours and accessible via pager and cell phone.
▪ Level 3: Integrated Mobile Apps Inc.’s Product Development Group. A Product Development liaison will report back to the assigned Applications Consultant, the problem resolution status, next steps, workarounds, if any, and an anticipated date of resolution. Problems will be escalated according to the following matrix:
Category If not resolved at Level 1, Notification to Level 2 If not resolved at Level 2, Notification to Level 3 High Within 1 hour Within 2 hours Medium Within 4 hours Within 8 hours Low Within 8 hours Within 2 Business Days
Availability and Uptime
A. Integrated Mobile Apps Inc. shall have the contracted application available for the Licensee 99% of normal business hours (M-F, 8AM-8PM ET), and 90% of off-business hours (M-F, 8 PM to 8 AM ET) during the term of the Agreement.
Specifically excluded from the definition of “Availability” are:
▪ Scheduled maintenance windows.
▪ Reasons of Force Majeure.
▪ Issues associated with the Licensee’s personal computers, local area networks or Internet Services Provider (ISP) connections not caused by Integrated Mobile Apps Inc.
▪ Issues arising from misuse of Integrated Mobile Apps Inc. application by the Licensee.
B. In order to determine application availability, Integrated Mobile Apps Inc. will utilize an industry standard, 3rd party external commercial web auditing service. This service will provide regular monitoring of application availability from a point external to the Integrated Mobile Apps Inc. infrastructure (i.e. as an Internet “user” of the system). The application will be deemed to be unavailable if this external auditing service indicates its inability to access the application or if Licensee notifies Integrated Mobile Apps Inc. that MMS is not available. This service will trigger alerts to Integrated Mobile Apps Inc. Data Center Operations (DCO) staff that will then execute the defined notification and escalation procedures. The third party web auditing service will not have access to Licensee data. In addition, Integrated Mobile Apps Inc. DCO performs internal best practice automated and manual monitoring for all key elements of the infrastructure. This monitoring includes the ability to set appropriate threshold levels for system capacity and trigger alerts to DCO staff when either thresholds are exceeded or elements of the system become unavailable.
C. In the event that Integrated Mobile Apps Inc. falls below 99% availability during normal business hours in any given calendar month, as measured by the 3rd party commercial web auditing service, Integrated Mobile Apps Inc. shall provide Service Level Credits (“SLC’s”) as follows. Credit is provided as an extension of the current year annual term. Service Level Credits will be calculated and reported to Licensee on a monthly basis.
Monthly Availability/Uptime Current Year Term Extension
97% - 98.9% 1 day
95% - 96.9% 2 days
93% - 94.9% 3 days
92.9% or less 4 days
D. Notwithstanding anything to the contrary contained in the Integrated Mobile Apps Inc. License Agreement, the parties agree that the foregoing remedy shall be given full force and effect.
Specifically excluded from the definition of “Availability” are:
▪ Scheduled maintenance windows.
▪ Reasons of Force Majeure.
▪ Issues associated with the Licensee’s personal computers, local area networks or Internet Services Provider (ISP) connections not caused by Integrated Mobile Apps Inc.
▪ Issues arising from misuse of Integrated Mobile Apps Inc. application by the Licensee.
B. In order to determine application availability, Integrated Mobile Apps Inc. will utilize an industry standard, 3rd party external commercial web auditing service. This service will provide regular monitoring of application availability from a point external to the Integrated Mobile Apps Inc. infrastructure (i.e. as an Internet “user” of the system). The application will be deemed to be unavailable if this external auditing service indicates its inability to access the application or if Licensee notifies Integrated Mobile Apps Inc. that MMS is not available. This service will trigger alerts to Integrated Mobile Apps Inc. Data Center Operations (DCO) staff that will then execute the defined notification and escalation procedures. The third party web auditing service will not have access to Licensee data. In addition, Integrated Mobile Apps Inc. DCO performs internal best practice automated and manual monitoring for all key elements of the infrastructure. This monitoring includes the ability to set appropriate threshold levels for system capacity and trigger alerts to DCO staff when either thresholds are exceeded or elements of the system become unavailable.
C. In the event that Integrated Mobile Apps Inc. falls below 99% availability during normal business hours in any given calendar month, as measured by the 3rd party commercial web auditing service, Integrated Mobile Apps Inc. shall provide Service Level Credits (“SLC’s”) as follows. Credit is provided as an extension of the current year annual term. Service Level Credits will be calculated and reported to Licensee on a monthly basis.
Monthly Availability/Uptime Current Year Term Extension
97% - 98.9% 1 day
95% - 96.9% 2 days
93% - 94.9% 3 days
92.9% or less 4 days
D. Notwithstanding anything to the contrary contained in the Integrated Mobile Apps Inc. License Agreement, the parties agree that the foregoing remedy shall be given full force and effect.
Predictive Capacity Planning.
The monitoring applications in place will also supply information that allows Integrated Mobile Apps Inc. to perform predictive capacity planning. Results of the ongoing capacity planning process will be shared with the Licensee at agreed upon intervals.
Data Retention and Business Contingency.
Customer data will be backed up on a nightly basis after each business day. This data will allow “point in time” recovery in the event of a major system outage. Copies of these backups will be stored both on site and in a secure offsite location through a PaaS (Platform as a Service) contracted agreement (currently Azure). Access to these backups will be limited to authorized staff of Integrated Mobile Apps Inc.
Restoration of backup data will be limited to instances relating to system outages. Any special requests by licensee for access to or restoration of backup data as a business service is not considered part of this agreement.
Integrated Mobile Apps Inc. maintains contractual service level agreements with its systems providers that allow internal recovery of impacted systems within 24 hours.
If Integrated Mobile Apps Inc. determines it cannot continue to operate the application from the On-premises localized data center due to catastrophic events, it will exercise a standing agreement with a 3rd party supplier of disaster recovery services located off premises. Integrated Mobile Apps Inc. will make every effort to reinstate application availability at the off premises location within 48 hours subject to the contractual obligations of the third party supplier.
Restoration of backup data will be limited to instances relating to system outages. Any special requests by licensee for access to or restoration of backup data as a business service is not considered part of this agreement.
Integrated Mobile Apps Inc. maintains contractual service level agreements with its systems providers that allow internal recovery of impacted systems within 24 hours.
If Integrated Mobile Apps Inc. determines it cannot continue to operate the application from the On-premises localized data center due to catastrophic events, it will exercise a standing agreement with a 3rd party supplier of disaster recovery services located off premises. Integrated Mobile Apps Inc. will make every effort to reinstate application availability at the off premises location within 48 hours subject to the contractual obligations of the third party supplier.
Changes to Service Levels
This Exhibit shall be reviewed periodically and each party shall cooperate in good faith to adapt the Services provided as quantities increase or change in any way. This Exhibit shall not be modified, nor shall any breach hereunder be waived, unless such modification and/or waiver is in writing. No course of dealings between the parties shall be construed as a waiver of any subsequent breach or a modification of this Exhibit.
Subcontracting.
Integrated Mobile Apps Inc. may subcontract for the provision of custom programming services with other qualified subcontractors, subject to prohibitions set forth in the Agreement and provided that Integrated Mobile Apps Inc. receives Licensee’s prior written consent, but such subcontracting shall not relieve Integrated Mobile Apps Inc. of any of its obligations under the Agreement.