Important – Advice to user : Please read carefully these terms
« LETSIGNIT » is a software solution developed by the company LETSIGNIT. The Solution enables Customer to standardize Employees email signatures and implement tools to manage them across the organization.
YOU ACKNOWLEDGE THAT THESE TERMS ARE BINDING AND IF YOU DON’T AGREE WITH THESE TERMS, YOU SHALL NOT USE THE SOLUTION LETSIGNIT
Should you accept these Terms on behalf of a company, you declare to be authorized to do so.
The Solution may be offered to Customer by LETSIGNIT or by a Reseller, under the conditions set out by such Reseller. Then, Reseller shall be liable for the support services, as provided hereunder.
Article 1. DEFINITIONS
In these Terms, the following words or expressions, used in singular or plural shall have the following meaning:
Admin User means the person, employee or staff member of Customer who uses the Solution with “admin” rights and is authorized to manage the database related to Employees and the campaigns.
Agents means the software modules required to use the Solution provided by LETSIGNIT to be installed by Employees in order to use the features of the Solution or, as the case may be, the API required to ensure the operation of the Solution with the email web application used by Customer.
Application means the website operated and hosted by LETSIGNIT made available to Customer in order to use the Solution.
Customer means any person or company who make an Order for professional purposes and agrees with the Terms. Acceptance of the Terms when connecting to the Application shall be deemed to be made in the name and on behalf of Customer.
Data means any data, information or documents generated or used by Customer when using the Solution, which remain, at all times, Customer’s property.
Documentation means the paper or electronic documentation, including the user manual of the Solution.
Hosting means the service provided by LETSIGNIT when hosting the Solution and Data accessible by Customer when using the Solution on LETSIGNIT Server.
Login & Password means the name and password selected by Customer or Admin User to access and/or use the Solution and Data.
Order means any order form relating to the Solution agreed by Customer and LETSIGNIT or Reseller. For subscriptions to the Solution on the Application, the Order will be deemed to be effective when creating an account and/or as provided on the Application.
LETSIGNIT means the French company LETSIGNIT, registered under number B 824 622 740 MARSEILLE, whose head office is located 50, rue Breteuil – 13006 MARSEILLE, which operates the Solution.
LETSIGNIT Server means the servers and data centers (hardware and software) on which the Application and Data are installed and hosted under LETSIGNIT’s responsibility.
Personal Data means Data relating to an identified or identifiable natural person, as provided in the applicable regulations.
Requirements means the IT (software and hardware) environment and any other specifications and/or instruction required for Customer to properly install and/or use the Solution. Requirements may be amended from time to time during the term of the Agreement.
Reseller means any natural person or company duly authorized by LETSIGNIT to promote and market the Solution to Customer and to whom the Customer orders the Solution.
Results means any information, statistics, data, analysis and reports resulting from the use of the Solution.
Service Level Agreement or SLA means the document attached to these Terms detailing the commitments of LETSIGNIT for Hosting and Support.
Solution means the software program (on its executable form), including the Application and Agents, and the related Documentation, made available to Customer in accordance with the Order, and any update, upgrade, new versions, corrections and enhancements that may be provided by LETSIGNIT from time to time.
Support means support services provided by LETSIGNIT and/or Reseller, as detailed in the Terms and SLA.
Article 2. PURPOSE
Any information or restrictions contained in installation and use instructions of the Solution or updates shall be applicable to the use of the Solution in addition to these Terms.
The Solution is a simple administration web interface that allows Customer to:
Create / customize email signature templates
Insert communication banners into signatures and schedule them by date
Distribute signatures / banners to employees imported from a .csv file or Azure AD / G Suite sync.
The fees are based on the number of email addresses of Employees provided in the Order.
LETSIGNIT may change the features of each offer or module, or these Terms, at the end of the current period for monthly subscriptions or upon a 2 months’ notice for yearly subscriptions (such notice shall not be applicable for minor updates with no impact on a substantial feature or for changes to improve security measures). If Customer does not agree with such change, Customer may terminate the Agreement.
The provision of the Solution includes Hosting and Support services as detailed in Articles 4 and 5. LETSIGNIT or, as the case may be, Reseller, may subcontract all or part of its obligations to one or more subcontractors, remaining liable to Customer for the performance of such subcontracted obligations (when support is provided by Reseller, it is provided under Reseller’s liability only). Subcontractors of LETSIGNIT who may access or process Personal Data of Customer are listed in the SLA.
Customer shall install (for the Agents) and use the Solution in accordance with the Requirements. Customer and Users shall comply with instructions and recommendations (and updates) provided by LETSIGNIT and subsequent updates.
Any and all technical means and telecommunications costs to access and use the Solution are under the sole Customer’s charge and responsibility.
Unless provided otherwise, this Agreement does not include installation, configuration, adaptation or customization services.
Login & Password: Customer acknowledges that the Login & Password are strictly personal and confidential and shall not disclose or share them to third parties. In case of breach of this obligation, LETSIGNIT will be entitled to terminate this Agreement. Customer is sole responsible of the use of their Login & Password, by themselves or third parties. Customer shall hold LETSIGNIT harmless for any claim based on the use of a Login & Password, either fraudulent or not. To avoid fraudulent use of the Password, Customer undertakes to choose a password with a high level of security according to the standards and recommendations currently in force.
In no case LETSIGNIT will be liable in case of misuse of Customer or User’s Login & Password as LETSIGNIT cannot control the identity of the users using the Solution.
Article 3. INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF USE OF THE SOLUTION
LETSIGNIT owns all rights and/or has required authorizations relating to the Solution. Source code of the Solution has been registered with the APP (software protection agency).
Customer acknowledges that any copyrights and other rights relating to the Solution, including but not limited to patents, trademarks, trade secrets, know-how, ideas, concepts and inventions, and any title or interest in the Solution, its modifications, translations, adaptations, improvements, updates, corrections and releases, derivate works, are and at all times remain the property of LETSIGNIT.
Customer shall not infringe or jeopardize, in any way, LETSIGNIT’s rights. Customer shall comply (and ensure the compliance) of any legal notices relating to LETSIGNIT’s property displayed on the Solution and any media relating to the Solution.
Any infringement of LETSIGNIT’s rights by Customer may result legal proceedings and the immediate termination of the right to use the Solution, without compensation.
By this Agreement, and subject to the acceptance of the Order, LETSIGNIT grants to Customer a personal, non-exclusive, non-transferable right, for the term of this Agreement and only for business internal purposes, to the exclusion of any other purpose, to install the Agents (provided to Admin User on the Application) and to access and use the Application online and to get the Results, for the number of Employees or email addresses mentioned in the Order.
No other right is granted or assigned to Customer or Employees and any use not authorized in this Agreement is prohibited. In particular, but without limitation, Customer shall not (nor authorize or enable anyone to): (i) use the Solution for other purposes than those detailed in the Documents, or (ii) copy, reproduce, modify in any way whatsoever, incorporate in another product, all or part of the Solution, disassemble, reverse engineer or try to discover the source code (which is strictly confidential); or (iii) modify in any way whatsoever all or part of the Solution, even to correct errors it may contain, this faculty being exclusively reserved to LETSIGNIT; or (iv) distribute, give, sell, sublicense, or otherwise transfer, even for free, all or part of the rights granted by this Agreement, by any means, to anyone; or (v) remove, conceal or alter any proprietary notices or labels affixed to or in the credits of the Solution.
Customer is not authorized to make a safe copy of the Solution as the Solution is accessible online and hosted by LETSIGNIT with a remote access.
Customer shall notify LETSIGNIT or Reseller without delay any infringement or threatened infringement of the Solution Customer may be aware of. LETSIGNIT has the exclusive right to enforce, at its expense, its rights on the Solution and its trademarks. LETSIGNIT shall pay and hold Customer harmless of direct damages (to the exclusion of any indirect damages such as but not limited to, operating loss, commercial harm, or any commercial disruption) resulting from a third party’s claim against Customer based on the infringement of its rights due to the use of the Solution in accordance with this Agreement. Such obligation is subject to the following conditions: (i) Customer notified LETSIGNIT of such claim (or any declaration sent by the third party alleging infringement), within 8 days following the receipt of the documents by Customer (that shall be disclosed to LETSIGNIT); (ii) LETSIGNIT could defend its interests and Customer’s interests and Customer had faithfully cooperated with LETSIGNIT for such defense by providing the required information, documents and assistance; and (iii) Customer complied with all of its obligations under this Agreement, especially using the Solution without modification and in accordance with the Documentation and LETSIGNIT’s instructions. Should the use of the Solution be definitively prohibited, the Parties will be entitled to terminate this Agreement, without indemnity.
Article 4. HOSTING
LETSIGNIT will ensure confidentiality, availability and integrity of Data as provided in the SLA and, unless otherwise provided, as a best-efforts obligation.
LETSIGNIT shall deem as confidential any information provided by Customer or Admin User for the use of the Solution and shall not disclose or transfer such Data to such parties (excepted to subcontractors for the performance of these Terms). LETSIGNIT warrants that only Customer can access such Data, provided Customer ensures confidentiality of its Login & Passwords.
Customer acknowledges and agrees that it is solely liable for the Data and contents created, hosted or shared through the use of the Solution.
Customer undertakes to use only Data that it owns or is authorized to use, compliant with required formats, and free from any virus. Customer undertakes to comply, when using the Solution, with the third parties’ rights (such as but not limited to third parties’ trademarks, copyrights, image rights, privacy, Personal Data, consumer rights, etc.) and shall not use or share contents that are prohibited by law.
LETSIGNIT cannot systematically control the Data. Customer shall hold LETSIGNIT harmless for any direct or indirect damage resulting from a breach of this Section by Customer.
Article 5. SUPPORT
LETSIGNIT or, as the case may be, Reseller, will provide Support services, as detailed in the SLA. Only LETSIGNIT can perform support services of level 3 leading to a modification of the Solution.
Remedies used to correct bugs of the Solution are determined by LETSIGNIT and can consist in, but are not limited to, a work-around or update.
LETSIGNIT will inform Customer of the available updates, new modules and new releases (which may be included or not in the Support services).
Customer shall send Support requests to LETSIGNIT or, as the case may be, to the Reseller mentioned in the Order, as provided by the latter. Any request for information send to Customer unanswered for more than 5 business days will lead to an administrative closure of the incident.
In addition to the exclusions mentioned in the SLA, LETSIGNIT shall have no obligation or liability in the following cases:
Any request out of the scope of the Support detailed in these Terms or the SLA, such as (i) installation or integration of the Solution in the IT environment (software or hardware) of Customer and communication with other systems; (ii) changes to existing software programs; (iii) training of Customer or Employees, unless otherwise provided in writing;
Provision of any equipment or parts required for maintenance of Customer’s equipment.
Article 6. WARRANTIES AND LIABILITIES
Warranties and liabilities of LETSIGNIT
The Solution belongs to a particularly complex area of computer technology and based on current knowledge, it cannot be tested for all possible uses. LETSIGNIT does not make any other warranties than those expressly stated in these Terms and in the SLA.
LETSIGNIT warrants the Solution, installed and/or used, without modification, in accordance with the Requirements and LETSIGNIT’s instructions and updates, complies with the Documentation for the term of the Agreement.
Solution is provided “as is”, without any other warranty of any kind, express or implied, regarding its quality, performances or results. Unless otherwise provided in writing, LETSIGNIT’s obligations are best-efforts obligations and LETSIGNIT shall be held liable only in case of a demonstrated breach or negligence.
Unless otherwise provided in writing, interruptions required for maintenance of the LETSIGNIT Server or of the Solution, or due to internet network factors, shall not incur LETSIGNIT’s liability nor give rise to any compensation.
Results : Customer acknowledges that the Results are obtained from the Data provided by the users, which shall be accurate and updated; that the users have a major part to play in the use of the Solution and the selection of the Data, the emails signatures and the management of the campaigns; and that the Results are the product of an automated analysis; and that there is no control on the behavior of the recipients of Employees’ emails. Consequently, LETSIGNIT cannot warrant the Customer that the Results will be accurate and such Results are provided for information only.
In no case shall LETSIGNIT be held liable to the Customer or third parties, including in case of a claim from a third party, for any consequential damages, including but not limited to, any lost profits, operating losses, loss of data, recordings or content or any interruption resulting from the use of the Solution or the inability to access and/or use the Solution, except for the cases expressly provided for in this Agreement.
LETSIGNIT may be liable only for any proven damages directly attributable to LETSIGNIT, within the limit of the fees actually paid by Customer in respect of the provision of the Solution and/or services directly to the origin of the damage during the twelve (12) month period before the event that generated the damage.
To the extent permitted by applicable law, the limitations and exclusions of liability set out in these Terms and Agreement shall apply whatever the basis of liability.
Warranties and liabilities of Customer
Customer and Employees shall have the skills, means, equipment (hardware and software), which shall be compliant to the Requirements, required for the installation and use of the Solution. LETSIGNIT shall not be liable for any damages caused by the use of the Solution in an IT environment not compliant to the Requirements, or by a technical problem of IT system of Customer.
Customer warrants that Data is compliant with article 4 and to any regulations applicable to Personal Data and the confidentiality of emails when using the Solution.
Customer shall pay and hold harmless LETSIGNIT for any claim or action or compensation LETSIGNIT would have to pay (including to a Employee or third party), including any indemnity, legal fees and attorney fees, resulting from a breach of Customer to its legal or contractual obligations.
Neither Party hereto shall be liable and deemed to have breached its obligations if such failure is due to a force majeure event.
An event of force majeure shall be any event which is beyond the control of one or both of the Parties, such as but not limited to war, civil or foreign, riot, fire, water damage caused by nature, accidents, social movements with occupancy, governmental, regulatory or legislative decisions or any other restrictions, natural disasters, interruption of telecommunication services, power failure, shortage of raw materials or finished products, or any other cause that would not be under the control of one of the Parties.
The affected Party will inform the other Party in writing within eight (3) calendar days as from the occurrence of the event of force majeure, stating the circumstances that affect it and if possible the expected duration of the suspension of its obligations.
Article 7. TERM AND TERMINATION
This Agreement shall be applicable on a monthly or yearly basis, as provided on the Order.
Month subscription: This Agreement shall be applicable upon acceptance of the Order until the end of the following month. It will continue automatically for successive periods of one month (from the 1st until the end of the month) and may be terminated by each Party by registered letter with acknowledgement of receipt with a 15 days’ notice before the end of the month (termination shall be sent to LETSIGNIT or, if any, to Reseller).
Year subscription: This Agreement shall be applicable upon acceptance of the Order during one year. It will continue automatically for successive periods of one year and may be terminated by each Party by registered letter with acknowledgement of receipt with a 3 months’ notice before the end of the current period (termination shall be sent to LETSIGNIT or, if any, to Reseller).
In case of material breach of these Terms and Agreement by a Party, the other Party may terminate this Agreement after sending a letter of formal notice by registered letter with acknowledgement of receipt indicating the breach remained without effect after 10 days or immediately if the alleged breach is not remediable, without prejudice of any damages or compensation that this Party could claim to the Party in breach
Upon termination of this Agreement, for whatever reason, the rights granted herein shall cease. Customer shall uninstall the Agents. Customer shall retrieve its Data and Results under its responsibility, as provided in the SLA. Unless otherwise provided by law, LETSIGNIT will delete Data and Results within 30 days from the date of effect of termination of the Agreement.
Article 8. DIVERS
If any provision of these Terms or Agreement shall be held unenforceable or invalid, such provision shall be deemed deleted from these Terms or Agreement and replaced by a valid and enforceable provision so far as possible achieves the parties’ intent in agreeing to the original provision. The remaining provisions shall continue in full force and effect.
No waiver by either Party of any default of a Party under these Terms or Agreement may be deemed a waiver of such default, or any subsequent or similar default.
Customer grants to LETSIGNIT the right to use and copy its name and logo, exclusively as reference, on the websites and commercial media of LETSIGNIT.
These Terms and Agreement, and any action related thereto, will be governed, controlled, interpreted, and defined by and under the laws of France, without giving effect to any conflicts of laws principles that require the application of the law of a different country. Any dispute, controversy or claim arising under, out of or relating to Terms and Agreement between LETSIGNIT and Customer, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to the competent Courts of Marseille.
Solution includes (i) the Application which is accessible by Customer on a dedicated website and (ii) the Agents downloadable by Customer to be installed by Employees on their computer to enable the operation of the Solution.
For web email applications, Agents are an API enabling the operation of the Solution with such third party application.
Use of the Solution involves collection and processing of Personal Data, as follows:
Collection and processing of Customer’s Personal Data by LETSIGNIT as data controller;
Collection and processing of Employee’s Personal Data by Customer, where Customer is data controller and LETSIGNIT is data processor;
I. Personal Data relating to Customer and Admin Users processed by LETSIGNIT as data controller:
Order of the Solution requires the provision of some Personal Data by Customer (last name, first name, post address, email address, phone number of the point of contact and Admin Users) for the performance of the Agreement (Order processing, provision of the Solution, Maintenance, etc.).
Failure to provide such information will prevent Customer to order or use the Solution.
The provision of such Personal Data is required for using the Solution, for LETSIGNIT to fulfil its contractual obligations and will part of LETSIGNIT’s customer file. Personal Data will also be used for LETSIGNIT to send newsletters relating to the Solution to Customer.
Personal Data are processed and stored by LETSIGNIT for these sole purposes. LETSIGNIT shall not use Personal Data otherwise, nor transfer Personal Data to third parties, except when allowed by law or with Customer’s prior consent. Personal Data processing by LETSIGNIT has been registered to the CNIL under number 2141113.
Personal Data relating to Customer may be processed during three years from the date of termination of the Agreement (or from the date of last contact from the Client) for direct marketing purposes.
Personal Data are stored for a period up to five years from the date of termination of the Agreement, which is necessary for the purposes for which the Personal Data are processed. Such Data are stored under secured conditions according to the state of the art and the applicable regulations.
Data subjects whose Personal Data has been collected have the right to request from LETSIGNIT access to and rectification or erasure of Personal Data or restriction of processing concerning the data subject as well as the right to data portability and the right to give directions about its Personal Data after their death, under the conditions provided by the applicable regulations.
Data subjects may also object to receive LETSIGNIT’s newsletters relating to the Solution.
To exercise their rights, data subjects can send a post mail to LETSIGNIT’s head office or by email to email@example.com
LETSIGNIT does not make on its own behalf any other collection or processing of Personal Data relating to Customer through the Solution.
II. Personal Data of Employees processed by LETSIGNIT on behalf of Customer when using the Solution:
This section defines the conditions under which LETSIGNIT undertakes to carry out on behalf of Customer processing of Personal Data when using the Solution.
In the context of their contractual relationships, both Parties undertake to comply with regulations applicable to the processing of personal data, including the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) from 25 May 2018 (hereinafter “GDPR”).
LETSIGNIT makes its best efforts to implement data-protection principles by design and by default when developing the Solution.
In accordance with article 28.3 of GDPR, processing of personal data when Customer uses the Solution is set below.
Use of the Solution implies collection and processing by Customer of Personal Data relating the Employees and, as the case may be, to emails recipients, for statistical purposes, for the implementation of the features of the Solution:
Via Agents / API : collection of the name, first name and email address of the Employee. Such Personal Data are transferred to the Customer, on the Application, on a secure way (Https). No other processing of Personal Data is carried out through the Agents.
When he/she installs the Agents, Employee accepts the collection and transfer of such Personal Data to Customer on the Application.
On the Application: to use the Application, Customer shall import Personal Data relating to Employees (at least, email address, and, if wished, name, first name and department of the Employee). Customer imports such Personal Data on the Application under its control and liability.
Use of the Solution implies collection of metadata of the emails sent by the Employees (sender, recipient, subject, date and time).
Processing of Data by the Application enables to Employees and Customer to use the features of the Solution (adding the signature in the emails of Employees, routing of the emails, management of the database of Employees on the Application), to obtain aggregated and anonymous Results, as well as alerts (set by the Customer), which do not include Personal Data.
Processing duration is the term of the Agreement.
Customer undertakes to comply with applicable regulations (including, but not limited to, the protection of personal data, the confidentiality of mails…) towards Employees.
Customer undertakes not to use the Solution for other purposes than those mentioned above or in the Documentation.
Should LETSIGNIT be required to transfer Personal Data to a third country or an international organization by a law to which the LETSIGNIT is subject, then LETSIGNIT shall inform Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
In accordance with article 28.3 b) of GDPR, LETSIGNIT ensures that persons authorized to process the Personal Data have committed themselves to confidentiality and are aware about Personal Data protection.
In accordance with article 28.3 c) of GDPR, LETSIGNIT takes appropriate technical and organizational measures to ensure a level of security appropriate to the processing of Personal Data, including the measures set in the SLA attached to the Terms of available on Customer’s request.
In accordance with article 28.3 e) of GDPR, LETSIGNIT undertakes to assist, insofar as this is possible, Customer for the fulfilment of Customer’s obligation to respond to requests for exercising the data subject’s rights relating to Personal Data processed by Customer using the Solution for requests that have been made in accordance with applicable regulations.
Customer may directly process with rectification or erasure of Personal Data of Employees on the Application. LETSIGNIT will provide Customer with any request of a data subject which LETSIGNIT may directly receive.
In accordance with articles 28.3 f) and h) of GDPR, Customer may ask to LETSIGNIT reasonable and available information or inspection reports to assist Customer in ensuring compliance with its obligations.
In accordance with articles 28.2, 28.3 d) and 28.4 of GDPR, Customer authorizes LETSIGNIT to engage other processors to host the Solution and Data and infrastructure supervision. LETSIGNIT undertake to ask from sub-processors to comply with applicable obligations relating to Personal Data. LETSIGNIT shall remain fully liable to Customer for the performance of this Agreement. Sub-processors are listed in the SLA. LETSIGNIT shall inform Customer of any intended changes concerning the addition or replacement of sub-processors, thereby giving Customer the opportunity to object to such changes within 15 days with the reasons of such objections.
SERVICE LEVEL AGREEMENT
SUPPORT SERVICES :
LETSIGNIT (or, if applicable, the Reseller) undertakes to provide support services on Customer’s request for access and use of the Solution.
When Customer ordered the Product from a Reseller, Reseller shall be – unless otherwise provided –the single point of contact of Customer for providing support services (including support services of level 3 performed by LETSIGNIT) to Customer.
Only referenced « admin » users (i.e. trained by Letsignit or Reseller) can send requests to Letsignit Customer Care. Customer can request support services (after having qualified the requests as far as possible):
By phone : +33(0)4 88 60 02 54 (from 9 AM to 6 PM, on Mondays to Fridays excepted on holidays)
By Email : firstname.lastname@example.org
In order to enable Letsignit to provide the Support services, Customer commits to actively cooperate with Letsignit and to provide any and all useful informations required for the performance of the services.
The main duties of Customer care are related to technical support of the Solution, i.e. the technical incidents affecting the operation and use of the Solution or, for Cloud Subscriptions (and Hosting provided by Letsignit), the access to the Solution.
Customer can also request support services for functional support i.e. assistance for:
using the Solution,
configuration the Solution
b. Web support
A request for web support will lead to the creation of specific login and password which shall be used for each connection to the web support. Letsignit will take into account the request provided compliance with the procedure applicable to the web support.
c. Phone Support
A request shall be sent for each incident and include (i) Customer’s name (ii) name, phone and fax numbers, email address of the contact person sending the request (iii) accurate description of the incident and the cases leading to the occurrence of the incident (iv) if applicable, the site and IT environment where the incident occurs and (v) any other information required or useful for Letsignit to assess the incident.
Le nombre d’appels téléphoniques que les interlocuteurs du client peuvent adresser au centre de support technique n’est pas limité.
d. First response
According to the timelines detailed below, and during the working hours, a support technician of Letsignit will contact the user who sent the request and received the receipt notice (“First Response”).
The First Response may be given (i) by web support (ii) by email to the user or (iii) by phone call (to the user’s phone number). During First Response, the support technician will check the required information to qualify the request and will confirm with the user the qualification of the incident, as the case may be.
Incident: means a reproducible material failure of the Solution to comply with the technical and functional specifications producing a more or less disturbing effect on its operation.
Critical Incident: means an Incident blocking the operation of the Solution and affecting all users / email addresses of Customer.
Major Incident: means an Incident with an important effect on the operation of the Solution. The Solution has a low level of performances: it may be used by almost all users / email addresses but with lower performances).
Minor Incident: means any Incident having an effect limited to few users / email addresses, where the Solution correctly operates for almost all users / email addresses, or any other Incident which is not Critical or Major.
1- Letsignit notice of receipt is the starting point for Letsignit services. Letsignit may provide Maintenance services either (i) remotely or (ii) from the Dump or (iii) by providing the user other ways of solution by web support, email or phone.
2- Letsignit will make its best effort to assess and handle the Incident, and will communicate with the user, according to the timelines, to inform the user about the progresses of the assessment of the incident and/or the actions taken to correct the Incident. Timelines for notice of receipt and First Response are cumulative and shall be as follows:
When Letsignit requires information or action from Customer, Customer shall answer within the same timelines.
Timelines does not include the waiting time for information requested to Customer.
The correction of the Incident may be provided by updates to the Solution (Application / plug ins). Time for updating the Solution is not included in the above mentioned timelines.
3- Definitions of each phase:
Phase 1: period between the receipt of the Incident request by Letsignit and the notification by Letsignit to Customer of the request number: this is the response time of Letsignit after the notification of the Incident by Customer to Letsignit by phone or by email.
Phase 2: this phase starts after Phase 1. Timelines for Phase 2 are the period to process the Customer’s request (T0) and to provide a workaround. This phase is completed when Customer receives a workaround from Letsignit. In case of regression, Phase 2 is deemed to be still ongoing.
Phase 3: this phase starts after Phase 2 and is the period for the provision of the correction of the Incident or a new version / update of the Solution. In case of regression, Phase 3 is deemed to be still ongoing.
4- The correction of the Incident will lead to a notice of closure. A notice of closure will also be issued in case the Incident is not attributable to the Solution.
1- Updates are provided under evolutive maintenance, without additional cost, provided such updates are:
a. Configuration settings,
b. Minor versions
c. New functionalities integrated to successive versions
2- Additional modules are not included in evolutive maintenance and are subject to additional invoicing and amendment to the agreement
3- Letsignit will inform in writing about the availability of the updates, additional modules and new versions.
ON SITE INTERVENTION
Letsignit may also go on site in case of failure of remote maintenance (condition to be agreed with the Customer).
1- Without prejudice of other provision of the Agreement, Letsignit shall have no obligation if the Incident is not reproducible and/or is not due to the Solution, and in the following cases: (a) the Solution is not used in compliance with the Documentation (b) the Solution has been modified by Customer and/or a third party without written consent of Letsignit (c) the Incident is due to failures or errors of Customer’s IT equipment, (d) viruses, or (e) unusual conditions of storage.
2- Are also excluded from maintenance services (a) any request of Customer for assistance to install new modules or new versions, (ii) corrective maintenance of old versions (more than 12 months with respect to the current available version) (iii) adaptation of the Solution to Customer’s specific needs and (iv) any intervention on site.
3- Any intervention or service of Letsignit in such cases will be invoiced at the current rates or based on a quotation.
Letsignit shall have no liability if corrections and updates are not installed and/or authorized by Customer within reasonable time from their date of availability.
Maintenance services may interrupt the operation of the Solution. Letsignit will inform Customer as far as possible, with reasonable notice, but such interruptions shall not incur LETSIGNIT’s liability nor give rise to any compensation (unless otherwise provided in this SLA).
In view of the highly technical nature of the Solution and limits of the state of the art, Letsignit cannot warrant a trouble-free or continuing operation of the Solution, nor that Letsignit will be able to correct any Incident or that the Incident will not occur again, nor than any other Incident will occur because after maintenance interventions.