XTENZA SERVICE LEVEL AGREEMENTThis Service-Level Agreement (this “Agreement” or this “Service-Level Agreement”), effective as of 23/12/24, is made by and between Orcons Systems Limited, a company organized and existing in Ghana, with offices located at Achimota-ABC Junction and its customers/clients using Xtenza Forex Management System.
WHEREAS, the Contract states that a service-level agreement is a condition precedent to any extended term of the Contract; and
WHEREAS, customer is willing to continue with the Contract past the original end date solely upon the customers’ acceptance of the terms and conditions of this Agreement, herein;
NOW, THEREFORE, in consideration of the foregoing, and of the terms and conditions and the Service Levels, the Parties hereby agree as follows:
When signed, this Agreement will form a part of the Contract, and upon signing this Agreement, the Contract shall be automatically changed, in accordance with its terms, from a monthly free trial to a yearly contract. All capitalized terms not defined herein shall have the meanings ascribed to them in the Contract.
Service Levels & Service CreditsOrcons Systems Limited shall at all times during term of this Agreement provide the Services to meet or exceed the Service Level Performance Measure for each Service Level Performance Criterion, as defined herein below.
Orcons Systems Limited acknowledges that any failure to meet a Service Level may have a material adverse impact on the business and operations of the Customer and that it shall entitle the Customer to the rights set out in this Agreement below, including the right to any Service Credits (as defined below).
Orcons Systems Limited acknowledges and agrees that any Service Credit is a price adjustment reflecting the value of any lost service caused by failure to meet a Service Level. Both Parties agree that the Service Credits are a reasonable method of price adjustment to reflect poor performance.
Other than the Customer’s termination rights as set forth in the Contract, A Service Credit shall be the Customer’s exclusive financial remedy for a failure to meet a Service Level
Orcons Systems Limited shall implement all measurement and monitoring tools and procedures necessary to measure, monitor and report on customers’ performance of the provision of the Services against the applicable Service Levels at a level of detail sufficient to verify compliance with the Service Levels.
Orcons Systems Limited shall immediately notify the Customer in writing if the level of performance of the customer of any element of the provision by it of the Services during the term of the Contract is likely to or fails to meet any Service Level Performance Measure.
The objectives of the Service Levels and Service Credits are to:
a. Ensure that the Services are of a consistently high quality and meet the requirements of the Customer.
b. Provide a mechanism whereby the Customer can attain meaningful recognition of Orcons Systems Limited failure to deliver the level of service for which it has contracted to deliver.
5. Service Levels
1. Availability
| Service Levels |
|
|
|
Service Credit for each Service Period |
| Service Level Performance Criterion |
Key Indicator |
Service Level Performance Measure |
Service Level Threshold |
|
| Availability of the Service |
Availability |
99.90% |
98% 5% |
Service Credit gained for each percentage under the specified Service Level Performance Measure |
