Antara Information Technology sl ("antara") is a Spanish company registered in the comercial register of Valencia (Tomo 6873, hoja V-77031, folio 32, inscripción 5ª on date 18/10/2005), with registered offices at 21st San José St., 4th floor, E-46016 Tavernes Blanques, Valencia, Spain, with tax identity number ESB97084347.
The objective of antara regarding the availability of the service is 95.0% of the time in each natural month. Antara guarantees availability and full operation in 90.0% of the time in the CALISTO and MUSSOL services, without counting the planned maintenance tasks.
Antara will use commercially reasonable efforts to meet or exceed agreed service levels. If during a continuous period of two months antara is not able to provide the aforementioned 95.0% of the service levels, the CLIENT will be entitled to receive a discount for such circumstance, an amount that can be refunded of the amount paid for the service to Antara under this contract, provided that more than 20% of the CUSTOMER have been affected. If the actual availability during any three-month period is less than 90.00%, the CLIENT shall be entitled to cancel this contract for non-compliance.
Antara will provide maintenance free of charge during the term of this contract. The maintenance tasks are planned according to the criterion of minimum impact on the activity of our CLIENTS, which is based on the measurement of the times of lesser global activity of our web hosting systems and that can vary from month to month.
Notwithstanding the foregoing, antara reserves the right to carry out to its reasonable discretion any urgent tasks other than the maintenance tasks that are intended to ensure the provision of adequate levels of service by the antara systems. In case the performance of these tasks has been notified in advance, the periods of non-availability of the service for this reason will not be taken into account when calculating the levels of service achieved. Software or hardware failures caused by third party intrusion (ie denial of service attacks) and DNS servers are excluded from the availability warranty. The downtime of the services due to the bad use by the end users of the CLIENT will not be counted as time of inactivity in the calculation of discounts.
The request for discounts for affected websites must be made within 60 days from the date of the incident. The technical service of antara will be responsible for the investigation of the incident and will provide the CLIENT with a written report with its conclusions. In the event of conflict or disagreement, antara reserves the right to grant or deny the discount.
Antara will provide maintenance free of charge during the term of this contract.
The following maintenance services will be provided in connection with the software, provided that the account of the CLIENT in antara is in force.
Second level support
Antara agrees to provide the following second level support:
- The Help-Desk software will be available from 8:00 a.m. to 8:00 p.m. CET / CEST from Monday to Friday. If necessary, the support personnel will refer the critical issues to qualified technical personnel for their treatment.
Maintenance and Updates
Antara will maintain the software and provide the CLIENT with any updates, improvements, modifications or extensions thereof that are not billable as "modifications". Antara will share with the CLIENT the analysis of the activity administered through the software and the study of any possible changes in the requirements or functionality of the software.
The incident notes issued by the second level support personnel will be attended as quickly by antara qualified personnel, who will be in charge of the detection and correction of possible problems, errors and defects in the software that interfere in its correct functioning .
Maintenance obligations for the CLIENT
The CLIENT understands and accepts that in order for Antara to provide its maintenance services, it must provide the following:
- The CLIENT must designate a technical contact and a main contact, who will be authorized to request and receive maintenance services on behalf of the CLIENT. The CLIENT may change their contact persons by giving written notice to Antara
- The CLIENT will offer its full cooperation to the reasonable requests of antara in terms of information, personnel and time necessary for the provision of maintenance services.
- The CLIENT shall make available to Antara all information and support reasonably requested for the detection, reproduction and subsequent correction of errors, problems or defects of the software.
- The CLIENT will carry out the appropriate procedures for the study of problems that reasonably and in a specific way before specifying and executing the activities aimed at the detection and correction of problems that may be reasonably requested.
Classification of errors
Antara will classify all the problems, errors and defects of the software that the CLIENT suffers according to the following list of definitions based on the severity of the problem, error or defect according to its impact in the development of the CLIENT's tasks.
- "Critical failure" refers to an emergency situation that affects more than 20% of CLIENTS and causes a critical impact to the software or hardware that prevents the normal operation of the software.
- "Major failure" refers to the failure of one of the components of the network, or applications that prevent the CLIENT or its end users from using the services of MUSSOL or CALISTO and affecting at least 20% of CLIENTS.
- "Minor Failure" refers to any service problem that is not a critical failure or major failure, and includes without limit any failure that can be easily avoided or circumvented by the CUSTOMER and is not critical to the normal use of the software .
Antara warrants to the CLIENT that it will make all commercially reasonable efforts to meet any maintenance service request that the CLIENT makes due to failure, malfunction, defect or non-conformity within [8 hours] following receipt of such request .
- Critical fault, antara guarantees the resolution of any critical failure within 48 hours after the notification of such failure by the CLIENT. In the event that antara is not able to remedy a critical failure within seven business days after its date of notification by the CLIENT, the CLIENT shall be entitled to cancel this contract and to pay 100% of the Rates for the current month.
- Importantly, antara warrants that it will use commercially reasonable efforts to remedy any important failure within five business days after the date of notification by the CLIENT.
- Minor faults, antara warrants that it will use commercially reasonable efforts to remedy any significant failure within 14 working days after its date of notification by the CLIENT.
Exclusion of guarantee from programming errors: The CLIENT accepts that although during the development phases antara will use commercially reasonable efforts to avoid programming errors, it is not guaranteed that the operation of the software is free of errors or that the normal Software is not interrupted because of possible internal defects. Antara will, however, correct any defects and make the necessary modifications to adapt the software to the performance specifications set forth in the documentation from all points of view, in consideration of maintenance fees.
At present, only the Spanish version of this document is legally binding. Translations into other languages are offered for the convenience of users, but are not necessarily accurate for legal purposes.