OPTIZMO™ Service Level Agreement

OPTIZMO™ Service Level Agreement

OPTIZMO Technologies, LLC (OPTIZMO) shall provide the Customer access and use of file storage and sharing, web application running on OPTIZMO’s own dedicated servers on the terms described below. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DISCONTINUE USE OF THE SOFTWARE AND NOTIFY OPTIZMO TECHNOLOGIES, LLC IMMEDIATELY OF INTENT TO TERMINATE THIS AGREEMENT.

USE

Subject to the terms and conditions of this Agreement, OPTIZMO shall provide the Customer access and use of OPTIZMO Enterprise solution to upload, store, and share files over the Internet via a secure, proprietary data center connection. The Customer shall not sublicense or resell any of its rights to the OPTIZMO Enterprise software, act as an applications service provider or service bureau, or otherwise upload, operate or maintain files on behalf of a third party or any affiliated entity or subsidiary.

SUPPORT

OPTIZMO will provide service support to the Customer to assist in resolving problems, obtaining clarification relative to our services and reporting suspected defects or errors in its services. Service Level – 24x7 Support: OPTIZMO will provide a technical support person to manage any technical problems. Should they occur, the Customer should contact OPTIZMO by submitting a support ticket via the Customer’s OPTIZMO user interface or sending an email to support@nulloptizmo.com. OPTIZMO will exercise its best efforts to resolve the problem within 24 hours or provide an estimate of how long it will take to resolve the problem. In the case of a system outage condition attributable to application, OPTIZMO may utilize other means of communication for reporting of errors and conditions.

DOMAINS & IP ADDRESSES

OPTIZMO shall provide support for Customer’s use of domains and IP addresses obtained through OPTIZMO Enterprise solution. OPTIZMO is not responsible for issues related to such domains or IP addresses being added to industry blacklists or any other issue outside of OPTIZMO’s control.  The issued default domain provided by OPTIZMO for every account is pointing to shared IPs.

PERFORMANCE

OPTIZMO understands that the Customer expects the service to be available 24 hours a day, 7 days a week, 365 days a year.  OPTIZMO agrees to use its best efforts to provide 99.8% availability of service and uptime. OPTIZMO will also provide regular backups of data in the unlikely event that emergency recovery is required. The Customer agrees to notify OPTIZMO immediately if it suspects the application is unavailable due to a fault of OPTIZMO. The Customer agrees to provide reasonable information as requested by OPTIZMO for proper diagnosis/repair and for proper calculation of any applicable refund. Refund does not apply as a result of:

  1. a) Unavailability due to Upgrade and Maintenance as described below.
  2. b) Periods of unavailability during which Customer’s accounts is not in good financial standing or Customer is in violation of this Agreement.
  3. c) Circumstances beyond OPTIZMO control including, without limitation, acts of any governmental body, war, sabotage, embargo, fire, flood, extended unavailability of Public Utility Service or unavailability or delay in telecommunications, or third party Internet Service Providers.
  4. d) The Customer’s misuse of the application.

UPGRADE AND MAINTENANCE

The Customer shall be entitled to receive upgrades of the application as needed, which are defined as new releases which provide major improvements to features and functionality of the application. The application will be updated with new releases and taken offline for maintenance during off-peak periods. OPTIZMO’s product development plan is to conduct such updates as needed. The Customer will be notified of any expected downtime. OPTIZMO reserves the right to conduct emergency maintenance on ‘as needed’ basis.

PRIVACY AND CONFIDENTIALITY INFORMATION

OPTIZMO is committed to maintaining the privacy and confidentiality of all data generated by its Customers during their file storage and sharing process. OPTIZMO respects its Customers’ need for absolute confidentiality at all times and gives complete assurance that all privileged company information will be treated appropriately. No information collected by OPTIZMO is ever sold, rented, leased, traded, swapped, marketed, exchanged, bartered, distributed, or disclosed in any way.

DATA ANALYSIS

OPTIZMO reserves the right to perform statistical analysis of all of its websites and file hosting systems. We do this to measure the effectiveness of our websites, to optimize website performance, and to ensure license compliance.

COPYRIGHTS, TRADEMARKS AND ATTRIBUTION

The Customer will allow OPTIZMO to include the Customer’s name and logo on its Customer list and Gallery on its website and marketing materials. Nothing contained herein shall be construed to give any party any further rights to the trademarks or trade names of the other party.

TIMELY PAYMENT

Except as otherwise agreed in writing and signed by an authorized officer of both parties, all payments due to OPTIZMO for subscribed service shall be due and payable in full within thirty (30) days of receipt by Customer of a proper invoice. OPTIZMO may, at its sole discretion and where permissible by law, elect to terminate this Agreement and restrict Customer’s access to the service for failure to pay any fees associated with the use of this software that are past due by more than thirty (30) days.

NON-WAIVER

The waiver by either party of any default or breach under this Agreement shall not constitute a waiver of any subsequent default or breach of the same or of a different kind.