Service Level Agreement (SLA)

This document provides the agreed operating parameters of the Services provided on the Site (as defined below) by the Service Provider, which users can rely on being provided during normal operation conditions.

  1. Definitions and interpretation
  2. Service credit claims
  3. Exclusions
  4. Service credits
  5. Service levels

  1. Definitions and interpretation

    Standard terms applicable to all the services described within this document:

    • Claim means a claim submitted by a Customer to the Service Provider which requests a Service Credit to be provided to Customer due to a Service Level not being met pursuant to this SLA;
    • Customer means a user of the Site or any of our Services;
    • Incident means a failure to meet the Service Level;
    • Service means any service we provide at the Site now or in the future, including our payroll, time tracking and invoicing products;
    • Service Credit is a percentage of the monthly fee paid by a Customer to the Service Provider for a Service and which will be credited to the Customer following a validated Claim;
    • Service Level means the standards by which the Service Provider decides to measure the level of a Service it provides, as detailed later on in this document;
    • Service Provider means SESQUE PTY LTD (ABN: 53 628 625 641); and
    • Site means the Internet web site found at sesque.com or any of its sub domains, e.g. payroll.sesque.com, and includes all web pages attached thereto and such other web sites as we incorporate.

    In this Service Level Agreement (SLA) the expressions we, us and our are a reference to the Service Provider and the expressions you, your are in reference to the Customer.

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  2. Service credit claims

    The Service Provider offers this SLA subject to the following terms. These terms will be fixed for the duration of the subscription to the Services, unless otherwise advised in writing by the Service Provider:

    • The Customer must notify the Service Provider that an Incident has occurred, within two business days following the Incident, before being eligible to submit a Claim with respect to the Incident.
    • To submit a Claim, the Customer must contact the Service Provider in writing and provide notice of its intention to submit a Claim. The Customer must provide to the Service Provider all reasonable details regarding the Claim, including but not limited to, detailed descriptions of the Incident(s), the date and time of the Incident(s), the duration of the Incident(s) and any attempts made by Customer to resolve the Incident(s).
    • In order for the Claim to be validated by the Service Provider, the Customer must submit the Claim, including all supporting details, by the end of the billing month following the billing month in which the Incident occurred.
    • The Service Provider will use all information reasonably available to validate the Claim and make a good faith judgment on whether the SLA and Service Levels apply to the Claim.
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  3. Exclusions

    The Service Levels described within this SLA do not apply to any performance or availability issues:

    • Caused by factors outside the Service Provider's reasonable control;
    • That resulted from the usage of software and/or hardware not provided by the Service Provider as part of its Service;
    • That resulted from something the Customer, or any other third parties involved, did or did not do;
    • Due to the usage of the Service by the Customer in a manner that contradicts the advice given by the Service Provider in relation to the proper usage of its Services;
    • Attributable to the Customer or any other third party gaining access to the Services by means of the Customer's login details or equipment; or
    • During the trial period of the Services, as determined by the Service Provider.
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  4. Service credits

    • The Service Provider will calculate the amount of Service Credits as described below, per each Service Level category (see Section 5).
    • Service Credits are the only remedy available to Customers for any violations of this SLA.
    • The Service Credits will not exceed, under any circumstances, the monthly fees paid by the Customer for the affected billing month.
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  5. Service levels

    Monthly service availability:

    • Scheduled Downtime means time reserved by the Service Provider for system maintenance, provided that the Customer gets notified at least two days prior to the commencement of such downtime.
    • Downtime is the total accumulated minutes in a billing month, other than Scheduled Downtime, during which the Service is not available to the Customer.
    • Monthly Service Availability Percentage for a specific Customer in a given billing month is calculated using the formula below:

      (Number of minutes in the month x Number of users - Total minutes of Downtime experienced by all users in the given month) / (Number of minutes in the month x Number of users)

    Uptime service levels:

    Monthly Service Availability Percentage Service Credit
    < 99.5% 10%
    < 99% 25%
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