Terms & Conditions of Business and Service Level Agreement
SocialSignin Ltd, trading as Orlo (“Orlo”), is a private company limited by shares incorporated and registered in England and Wales with company number 08237170 and whose registered office is located at 7A, Centre City House, 5–7 Hill Street, Birmingham, B5 4UA, England, United Kingdom. Wherever used in these terms and conditions of business (“T&Cs”), “Orlo”, “we”, “our” or “us” refer to SocialSignin Ltd (and our permitted successors and/or assigns). Wherever used in these T&Cs, “you”, “your” or similar terms mean the person utilising and/or accessing the Services (as stated in the order form), including persons for which you are responsible, such as your employees and other permitted third parties (as applicable).
These T&Cs, together with the Data Protection Addendum, Service Level Agreement and the Quote or Order Form (produced by us), constitute a binding legal agreement between Orlo and you (the “Contract”). This Contract governs your access to and use of our products, software, services, and website (collectively “Services”), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively “Content”) during the Term of the Contract. By accessing and using the Services, you agree to be exclusively bound by the Contract to the exclusion of any other terms and conditions which seek to have effect, and you warrant that you have read, understood and accepted the terms of the Contract. If you do not agree to be bound by the Contract, you are not permitted to use the Services and/or Content under any circumstances.
In the event of any conflict in respect of the provisions of our Contract and/or the documents referred to therein, the following order of priority shall prevail (in descending order of priority): Order Form, T&Cs, service level agreement, and Data Protection Addendum.
By accessing and using the Services, you are consenting to (or warranting that you have obtained appropriate consent for) the collection and use of personal data by Orlo in accordance with Orlo’s Privacy Policy.
A – The Services
You are solely and exclusively responsible for the use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You assume all risks associated with the Services and any Content accessed or made available to others through your account, and you indemnify Orlo and keep indemnified from any losses, damages, liability, costs (including legal fees) as a result of any use or access that is not in accordance with this Contract. Orlo will not be held responsible under any circumstances for your use of the Services or for any such Content.
To access or use the Services, you must be able to form a binding contract with Orlo, and you must not be prohibited from receiving the Services under any applicable laws. You warrant that you have the ability and continuing authority to form a legally binding contract with us.
You acknowledge that the Services allow you to access and use content and services offered by third-party service providers (as listed at Seamless Integrations | Orlo) (“Third Party Service Providers”). It is a condition precedent of this Contract that you agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
Your access to and use of the Services must be in accordance with these T&Cs at all times. If you commit a material breach of these T&Cs, in addition to other rights and remedies in this Contract, we may, without notice, suspend or terminate your use and/or access to the Services in accordance with the remaining provisions of these T&Cs.
You agree that the Data Protection Addendum incorporates all data protection requirements relating to the Services and the Contract, and you and we will comply with its provisions.
B – Your Account
You must provide your legal full name, address for service of any notices, a valid email address and contact details of an authorised representative, and any other information requested by us to complete the account sign-up process.
You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account, e.g. authentication and re-authentication of social accounts. Orlo encourages you to use a “strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. Orlo will not be responsible for any loss or damages whatsoever resulting from your failure to comply with this obligation.
The number of accounts to be used shall be set out in the Order Form. Each account login may only be used by one person. A single login shared by multiple people is not permitted, and Orlo reserves the right to monitor usage of user logins. Where multiple use of logins is discovered, Orlo reserves the right to charge additional user licences.
C – Term, Use and Restrictions
We agree to supply the Services, and you agree to accept the Services for the period as set out in the Order Form (the “Initial Term”). Unless we receive written notice from you to cancel the Contract before the 60 day period prior to the natural expiry of the Initial Term (and/or each anniversary thereafter) then the Contract shall automatically continue for a further term equal to the Initial Term (the “Additional Term”), and continue on a rolling basis thereafter upon the expiry of each Additional Term unless the aforementioned notice is received by us. The Term (“Term”) of the Contract shall be the Initial Term and the Additional Term in combination.
The annual price will increase during the Initial Term by a percentage equivalent to the increase in the Retail Price Index (“RPI”) as published by the Office for National Statistics during each subsequent annual period, plus an additional 2% annual increase (if RPI is negative, the RPI component will be deemed to be 0%), and the provisions of the Contract shall continue to apply in all other respects. Where the annual price increase falls outside the Initial Term, the annual price will increase by an amount consistent with Orlo standard pricing, and the provisions of the Contract shall continue to apply in all other respects.
You may only use the Services to:
- (a) access Content on Orlo’s website; and
- (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these T&Cs and any terms specified by the Third Party Service Providers.
You may only use the Services in relation to your own genuine and legitimate social media management requirements.
You may not use the Services for any illegal or unauthorised purpose, including in any way that violates copyright, privacy or other laws applicable in England and Wales or any jurisdiction which applies to you.
You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
You may not:
- (a) copy, distribute (including by framing any of the Services on any website), modify, enhance, translate, reproduce, sell, resell, sublicence, rent, lease, or otherwise attempt to exploit the Services;
- (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law);
- (c) make derivative works of the Services; or
- (d) modify another website to falsely imply that it is associated with the Services, Orlo or any other Orlo products or services.
D – Content
You understand that by using the Services, you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. Orlo does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services.
Orlo and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Orlo may (but has no obligation to) remove Content and accounts containing Content that Orlo determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that Orlo determines in its sole discretion to:
- (a) be libellous, defamatory, pornographic, obscene, or otherwise objectionable; or
- (b) violate any party’s intellectual property).
You must not upload, post, host, transmit or otherwise make available to others unlawful unsolicited email, SMSs, or “spam” messages through the Services.
You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature (“Viruses”) through the Services.
E – Payment Matters
Payment shall be made by bank transfer to the account specified by Orlo on the Order Form. Should Orlo wish to alter the method of payment, it will notify you in writing and agree the same with you before altering it.
You shall pay for the Services at such times and at such amounts as specified in the order form and the subsequent invoice, which Orlo will provide on the date it commences Services and each anniversary thereof. Any failure by you to provide a purchase order or other such documentation will not relieve you of the obligation to pay Orlo. In the absence of the aforementioned, you shall pay for every 12 months in full within 30 days of the date when Orlo commence providing the Services or anniversary thereof.
All fees are exclusive of VAT or any equivalent taxes, levies, withholdings or duties imposed by taxation authorities in any other jurisdiction, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees (as specified in the order form or otherwise).
You must specify the country of your business so that Orlo can understand its obligations to any applicable taxation authorities.
All fees and other sums paid to Orlo shall be paid in full and cleared funds in pounds sterling by bank transfer without any right of set off, counterclaim or delay.
Orlo may charge interest on all late payments (and any other costs and/or expenses) at the rate of 4% above the Bank of England base rate from time to time.
F – Modifications to the Services and Prices
Orlo may change the Services or the format or delivery of the Services from time to time, and, where reasonable, will endeavour to notify the customer. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these T&Cs.
Subject to the below clause F3, the price for all Services is as set out in the order form (or as subsequently agreed in writing from time to time).
Prices of all Services are subject to change upon 30 days’ notice from Orlo. Such notice shall be provided in writing to the customer’s contact details set out on the order form and will take effect from the next Additional Term.
Orlo may change the Orlo SLA upon 30 days’ notice from Orlo. Such notice shall be provided in writing to the customer’s contact details set out on the order form and will take effect from the next Additional Term.
G – Suspension, Cancellation and Termination
Orlo shall endeavour to provide you with uninterrupted access to the Services; however, from time to time, the Services may be suspended without notice or even withdrawn due to essential maintenance, Scheduled Downtime and/or any other extenuating circumstances (in our sole discretion). Orlo will try to keep such maintenance and Scheduled Downtime to times that are outside of normal business hours in the United Kingdom (being 8.30am to 5.00pm Monday to Friday on a day that is not a bank holiday), but it may not always be able to ensure this. Our uptime can be reviewed at any time here: orlo.statuspage.io
Orlo may suspend or restrict your access to the Services at any time and without any liability whatsoever for any good and/or valid reason (in our sole discretion), including but not limited to:
- (a) in accordance with clause G1;
- (b) due to any of the reasons set out in clause G8;
- (c) dealing with any actual or suspected security breach, virus or attack;
- (d) when required to by any regulatory, judicial, governmental, police or other competent body;
- (e) when we suspect any abuse of the Services; and
- (f) for any emergency action that a competent supplier would consider reasonable,
And Orlo shall endeavour to inform the customer of any such suspension or restriction as soon as reasonably practicable and shall lift the suspension or restriction as soon as conditions allow (unless it chooses to terminate in accordance with clause G8).
The Orlo SLA shall not apply to Scheduled Downtime or Downtime for the reasons stated in clauses G2b to G2f (inclusive), and any such Downtime shall not be deducted from the Monthly Uptime Percentage.
If you cancel the Contract before the anticipated expiration of the term as stated in the Order Form (including any agreed extension thereof), you shall remain fully responsible for all fees and expenses for the duration of the aforementioned term.
Your cancellation will take effect immediately, and Orlo will delete all of your Content from the Services after cancellation. Once you cancel your account, your Content cannot be recovered.
Should your Contract be terminated for any reason, Orlo will delete all of your Content from the Services after termination. Once you cancel your account, your Content cannot be recovered.
Orlo does not accept any responsibility for loss of Content due to account cancellation or termination.
Orlo are permitted to terminate the Contract immediately without any liability whatsoever in the event of you:
- (a) committing a material breach of contract or persistent breaches which, taken cumulatively, can in Orlo’s sole discretion be stated to be a material breach; or
- (b) failing to pay any monies due and owing to us; or
- (c) ceasing or threatening to cease a material part of your business; or
- (d) entering into insolvency proceedings or a scheme of arrangement, or failing to pay any of your creditors when due in your relevant place of jurisdiction.
The provisions regarding “Use and Restrictions”, “Payment Matters”, “Suspension, Cancellation and Termination”, “Ownership and Licences”, “Disclaimer and Limitation of Liability” and “General” and any provisions which by their nature survive, shall survive the termination of this Contract.
H – Ownership and Licences
Orlo retains all rights, title and interest of any nature whatsoever in the intellectual property rights (including but not limited to copyright, trademark, patent, trade secret and all other intellectual property rights) in the Services and Orlo’s Content. You acquire no rights whatsoever to all or any part of the Services or Orlo’s Content except for the limited right to use the Services and Orlo Content as granted by this Contract. All rights not expressly granted to you are reserved by Orlo absolutely.
You agree not to assert or attempt to assert any intellectual property rights in or over the Services and/or our Content. You further agree not to publish or reproduce any part of the Services and/or our Content.
If you become aware of anyone infringing, about to infringe or attempting to infringe our intellectual property rights, belonging to us, then you shall inform us immediately and agree to abide by our reasonable instructions in relation to assisting us in protecting our intellectual property rights.
We claim no intellectual property rights over the Content made available to others through your account. Additionally, your profile and other Content you provide to Orlo in connection with the Services remain yours. However, by making that Content available to others through the Services, or providing it to Orlo through the Services, you grant Orlo a worldwide, non-exclusive, royalty-free, fully paid up licence (with a right to sublicence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all media or distribution methods (whether now known or hereafter developed). You also acknowledge that the purpose of the Services is to access the services of Third Party Service Providers, and that, as a result, you are agreeing to grant to Orlo any other rights you grant to applicable Third Party Service Providers.
By posting an orlo.UK link using the Service, you agree that you are following the relevant terms and conditions of the Third Party Service Provider you are linking to.
By posting an orlo.UK link, you agree that Orlo may present the target site within a frame, and that the frame may contain advertising and tools related to the Services.
I – Disclaimer and Limitation of Liability
This section sets out the entire financial liability of the parties (including any liability for the acts or omissions of employees, agents and subcontractors) in respect of:
- (a) any breach of the Contract, however arising;
- (b) any use made by you of the Service and/or the Content; and
- (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
Nothing in these T&Cs shall limit or exclude the liability of either party for:
- (a) death or personal injury resulting from negligence; or
- (b) fraud or fraudulent misrepresentation; or
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
- (d) breach of section 2 of the Consumer Protection Act 1987.
Without prejudice to clause I2, clause I10 and clause K17, neither party shall under any circumstances whatsoever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise for any:
- (a) loss of profit; or
- (b) loss of goodwill; or
- (c) loss of business; or
- (d) loss of business opportunity; or
- (e) loss of anticipated savings; or
- (f) loss or corruption of data or information; or
- (g) special, indirect or consequential damage suffered by a party that arises under or in connection with the Contract.
Without prejudice to clause I2 and clause I10, Orlo’s total liability arising under or in connection with this Contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the amount having been paid by you to Orlo in the previous 12 months (or such lesser period) under the Contract in relation to the Services.
Without prejudice to clause I2, clause I7, clause I10 and clause K17 your total liability, in addition to your obligation to pay the charges, arising under or in connection with this Contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to a sum equivalent to 100% of the total charges paid and due to be paid during the Initial Term or Additional Term in which the breach occurred.
Nothing in this clause shall restrict or limit the general obligation at law to mitigate a loss a party may suffer or incur as a result of an event that may give rise to a claim.
Nothing in this clause shall restrict or limit your payment obligations under the Contract.
Orlo shall not be liable to you or any third party in the event of any piece of social media (e.g. a tweet) not being released by us for any reason, and you are solely responsible for ensuring that any such social media has been properly released from time to time.
For the avoidance of doubt, Orlo shall not be liable to you or to any third party for any change to the Services, including reasonable price changes, suspension, restriction and/or discontinuance of the Services.
Orlo disclaims all responsibility and all liability to you or to any third party (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of your breach of clause K2.
Neither party may benefit from the limitations and exclusions set out in this clause I in respect of any liability arising from its deliberate default.
J – Orlo Brand Ambassador Programme
You acknowledge and agree that in signing the Contract, you agree to participate in the Orlo Brand Ambassador Programme as outlined below. All activities as part of the Brand Ambassador Programme will be mutually agreed in advance:
- (a) Logo to be used on the Orlo website and relevant collateral – slideware, thought leadership, etc.
- (b) Announcement of service press release to be published on Orlo website, shared through social media and sold into relevant industry and sector press – to be drafted by Orlo team with full approval from brand – release should feature a quote from a senior decision maker, brand side, explaining why they have chosen Orlo and the value they see in the relationship;
- (c) Enter industry awards in collaboration with Orlo and act as a reference customer for Orlo prospects and industry analysts.
K – General
Technical support is only provided to paying account holders and is available via live chat, telephone and email during office hours.
When contacting our customer service team, you acknowledge and agree that you shall only provide us with personal data of a data subject which you have instructed us to process under the terms and conditions of the Data Protection Addendum. You further acknowledge and agree that you shall not transmit any material (including personal data) which is in breach of data protection legislation or let us have any other information that you regard as confidential, commercially sensitive or valuable.
You understand that Orlo uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage of other Orlo customers (as determined by Orlo in its sole discretion), Orlo reserves the right to immediately disable or impose restrictions upon your account until you reduce your bandwidth consumption.
If either party is prevented, hindered or delayed in or from performing any of its obligations under this Contract by a force majeure event (i.e. an event beyond its reasonable control), it shall not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
The failure of Orlo to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. A printed version of these T&Cs and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these T&Cs to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to Orlo’s ability to amend these T&Cs, they cannot be changed.
If any of the provisions contained in these T&Cs are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible to effect the intent of these T&Cs, and such determination shall not affect the remaining provisions contained herein.
You may not assign these T&Cs or any of your rights or obligations under the Contract. Subject to the foregoing, these T&Cs shall endure to the benefit of and be binding upon you and Orlo and our respective successors (including any successor by reason of amalgamation) and assigns.
Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
- (a) delivered by hand or pre-paid first-class post or other next working day business service at its registered office (if a company) or its principal place of business (in any other case); or
- (b) (if notice is to be served by post outside the country from which it is sent) sent by registered airmail; or
- (c) sent by e-mail to: (i) Orlo: support@orlo.tech (ii) You: as listed in the Order Form
Any notice shall be deemed to have been received:
- (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; or
- (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second business day after posting or at the time recorded by the delivery service; or
- (c) if sent by registered airmail, five days from the date of posting; or
- (d) if sent by e-mail, at the time of transmission, unless a delivery failure report is received.
This section K does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Our Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. You acknowledge and agree that in agreeing to purchase the Services and be bound by the Contract, you have not relied on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
A person who is not a party to the Contract shall not have any rights in or under or in connection with it.
Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
You agree to adhere to our reasonable instructions from time to time in relation to the Services, and you further agree to deal with us in good faith at all times in respect of any aspect of the Services, including but not limited to these T&Cs.
You agree to indemnify, and keep us indemnified from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with a breach of data protection, a breach of clause D3 and clause D4 and a breach of our intellectual property rights.
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes and claims).
The laws of England and Wales apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where they may lawfully be offered for use.
L – Interpretation Provisions of these T&Cs
In these T&Cs, the following rules apply:
- (a) words in the singular include the plural and vice versa;
- (b) reference to a person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality);
- (c) reference to a party includes its personal representatives, successors or permitted assigns;
- (d) an obligation to do something includes an obligation not to do something;
- (e) these T&Cs are jointly and severally liable as amongst the obligors (someone who legally agrees to do something);
- (f) reference to writing or written includes post and emails, but not faxes.
M – Licence Obligations
If you are subscribing to an Advanced Monitoring Stream, please note that you will also need to acquire a Web End-User Licence (WEUL) from the Newspaper Licensing Agency (NLA). This licence will have to be purchased by yourselves and obtained directly from the NLA. It is a legal requirement that provides the permission needed to receive and access copyrighted online content, such as the results provided by our Advanced Monitoring service (news alerts and links to online newspaper articles). Please visit the NLA’s website for more information.
N – YouTube Addendum
Please note that we use YouTube API services. By using Orlo to manage your YouTube account, you are agreeing to be bound by their terms of service, available to view here. You can also view Google’s Privacy Policy here and revoke access at any time through the Google Security Settings page.
O – Professional Services
Orlo shall provide Professional Services where such services are specified in the Order Form, such Professional Services are to be provided at the location specified in the Order Form, for the number of Days and at the Charges specified therein. Unless otherwise agreed in writing, Orlo gives no representations or warranties as to the results which will be achieved from the Professional Services.
You and Orlo will, as soon as reasonably possible after signing this Agreement, agree a procedure for monitoring the progress of the Professional Services. This shall include, amongst other matters, regular review meetings attended by representatives of the parties authorised to make decisions with respect to the delivery of the Professional Services.
Where you rearrange the use of the Professional Services and provide Orlo with less than 7 days notice of such intention, then Orlo may invoice for those Days and you will need to re-order further days if necessary.
If you have reasonable objective cause for dissatisfaction with any part of the Professional Services provided, Orlo will repeat in a satisfactory manner all or part of the Professional Services concerned, this is Orlo’s sole liability for any such claim.
Any part of a Day shall be charged proportionately to a whole Day.
You agree to provide Orlo, without charge, all necessary computer time, resources, accommodation, skilled staff and telecommunications as necessary to perform the Professional Services.
Professional Services will be carried out between 9am to 4.30pm Monday to Friday (excluding UK bank holidays). Out of hours work can be arranged at an additional rate.
Travelling time and transport: most services can be delivered remotely, but where required it may be conducted on site. All travel, subsistence and expenses will be charged as follows:
- Mileage shall be charged at the HMRC motor mileage allowance rate at the time of travel
- Rail travel shall be at standard class and charged at cost
- Flights, taxis, bus, underground travel and parking will be charged at cost
- Overnight accommodation (when required) will include a stay at a 3-star or above hotel including breakfast and an evening meal, all charged at cost
Orlo SLA
Definitions
“Orlo Application” – The application supplied by SocialSignIn Ltd.
“Downtime” means, for Orlo, if there is more than thirty per cent of users who are not able to access the Orlo Application.
“Monthly Uptime Percentage” means the total number of minutes in the calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in the calendar month, divided by the total number of minutes in the calendar month.
“Scheduled Downtime” means those times where Orlo notifies you of periods of Downtime five (5) days prior to the commencement of such Downtime. There will be no more than twelve (12) hours of Scheduled Downtime per period. Scheduled Downtime is not considered Downtime for purposes of this Orlo Uptime SLA, and will not be counted towards any Downtime Periods.
“Support Email” means the provided email for support queries and not personal customer service agents’ email addresses.
“Urgent Problems” means urgent issues such as Downtime or problems that impact the use of Orlo to a degree where the application becomes unusable for the end user’s requirements.
Uptime SLA
Orlo will provide a Monthly Uptime Percentage equal to or greater than 99% calculated over a 24/7 reporting period. The Uptime SLA does not apply to any performance issues:
- (i) caused by factors outside of Orlo’s reasonable control;
- (ii) that resulted from any actions or inactions of you or any third parties;
- (iii) in accordance with clause G3 of our terms and conditions.
This Orlo SLA states your sole and exclusive remedy for any failure by Orlo to provide the Services as a result of Downtime.
Help Desk
Our help desk maintains cover from 8am to 6pm Monday to Friday (United Kingdom time, excluding bank holidays) for day-to-day issues. This includes:
- Live chat – which you’re expected to get a response within 3 hours
- Support Email – we will answer or get back to your email within 4 hours
- Telephone – we will answer or get back to your message within 4 hours
For issues outside of these hours that are Urgent Problems, a number will be provided to reach an on-call member of the support team who will be available to help resolve your issues.
SLA for Fixes and Bugs
For issues that reside within our control, we offer different levels of severity:
- High – (outages, major loss of functionality to the majority of our customers) will be worked on immediately, in and out of hours.
- Medium – (major feature broken for a large proportion of our customers) work to fix this will be started within the hour during the working hours of 8.30am to 5pm Monday to Friday (United Kingdom time, excluding bank holidays).
- Low – (ones that do not impact the fundamental workings of Orlo, or ones that can be worked around). We will evaluate the problem within 48 hours and respond with a resolution.
Service Credit
Service Credit may be provided according to the following schedule:
- One-week credit – 7 days of Services added to the end of your billing cycle, at no charge, if the Monthly Uptime Percentage for any calendar month is between less than 99% and 97% (inclusive)
- Two-week credit – 14 days of Services added to the end of your billing cycle, at no charge, if the Monthly Uptime Percentage for any calendar month is between less than 97% and 95% (inclusive)
- One-month credit – 30 days of Services added to the end of your billing cycle, at no charge, if the Monthly Uptime Percentage for any calendar month is less than 95.0%
Customer must request Service Credit. To receive any of the Service Credits described above, you must notify Orlo by email or otherwise in writing within thirty (30) days from the time you become eligible to receive a Service Credit.
The aggregate maximum number of Service Credits you can claim for any Downtime Periods that occur in a single calendar month shall not exceed thirty days of Services added to the end of your billing cycle. Service Credits may not be exchanged for, or converted to, monetary compensation.
Should the Customer be granted Service Credits, such time will be added onto the end of the Initial Term (or any subsequent Additional Term) but the 60 day notice for cancellation will not be varied and will still apply from the original natural expiry date of the Initial Term (or subsequent Additional Term) without including the service credit time. Any subsequent Additional Term will begin on the expiry of the service credit time.