LiveCloud Terms of Use

Activation of the CloudOps services contracted by the CUSTOMER will take place upon signature of the corresponding agreement between the CONTRACTOR and the CUSTOMER. 

Typically, Processor will work to make the new environment and/or contracted service available within 1 business day of contracting. The actual timeframe will depend on the scope of the engagement and any additional requests/services contracted. 

When purchased, the implementation service generally includes provisioning, configuration and any migrations required to make the contracted CloudOps services available, in accordance with the scope defined and agreed between the parties. Any data migration from the legacy environment to the new LiveCloud environment is generally limited and subject to the throughput of the CUSTOMER’s existing network/links. To accelerate this “moving” process, the CONTRACTOR provides physical-copy and high-speed internet upload options. This is an optional service and should always be used when upload time exceeds 2 days and/or when deemed necessary by the CONTRACTOR’s implementation team. The costs for this work will be quoted and provided to the CUSTOMER whenever necessary and are not included in the services provided, unless explicitly stated otherwise. Additional third-party services for securing data in transit may also be quoted and made available if the CUSTOMER and/or the CONTRACTOR deem them necessary.

The CONTRACTOR is not responsible for resolving potential migration incompatibilities arising from the CUSTOMER’s legacy environment, but will make its best efforts to facilitate a smooth transition and proper operation on the new platform. If additional costs are incurred as a result of implementation, Processor will notify the CUSTOMER and add them to the subsequent billing period after approval. 

The operational service to be performed by the CONTRACTOR includes administration through predefined routines and maintenance actions, in accordance with the CONTRACTOR's service methodology, to ensure the availability, health and integrity of the service contracted by the CLIENT. It also includes handling requests within the contracted scope.

The CLIENT may request service adjustments at any time by logging tickets on the LiveCloud Platform.

Tickets related to operational services and improvements will be handled during business hours, 5 x 8 (Monday to Friday, from 8 a.m. to 6 p.m., business days).

As part of operations, routine services are expected to be adjusted and/or implemented during business hours on business days. If adjustments are required outside this context, additional costs may apply and will be billed to the CLIENT according to the technical-hours rate table in effect when the services are used, based on the profile of the resources assigned to the activity.

When contracted, the monitoring service includes monitoring the availability of the assets and services contracted on the LiveCloud platform on a 24/7 basis. Any incidents identified by the CONTRACTOR will be reported to the CUSTOMER through the portal and/or an electronic communication system, according to the solution contracted. Corrective actions will be carried out if they are within the contracted scope. If they are not, they may be performed with reimbursement of the associated costs if requested by the CUSTOMER or if the CONTRACTOR considers the issue critical and requires immediate action—for example, in the event of a malicious attack.

The CLIENT has access to technical support for correcting availability issues in the contracted CloudOps services (incidents).

Support coverage for service/mission-critical outages is 7 x 24 (seven days a week, 24 hours a day). Service unavailability means the CLIENT is unable to access or use the contracted service due to problems in the contracted environment.

Support is limited to the availability of the infrastructure for the contracted services. Functional support and/or adjustments to hosted applications are not included and may be contracted separately from Processor.

To open technical support tickets (incidents), the CLIENT must register with the CONTRACTOR, during business hours, up to 4 (four) contact people responsible for activating support services through tickets on the LiveCloud Platform.

A technical support ticket (incident) will be considered valid only when a ticket number has been provided by the portal (or by an agent). Tickets opened by email and/or any other informal method will not be accepted.

The CONTRACTOR’s maximum response-initiation time for an incident is described in the Responsibility Matrix for the contracted solution.

The LiveCloud Platform provides information about the LiveCloud solutions purchased, as well as a management interface for monitoring the services contracted by the CLIENT.

Services available on the Platform:

• Administration Dashboards
• Service Level
• Monitoring
• Availability
• Savings
• Progress
• Service Requests
• Incident Logging
• Active Contracts
• Invoices 

Instructions for accessing the LiveCloud Platform will be sent to the CLIENT after the services are activated, together with the information required to manage and monitor the contracted services.

Service levels (SLA), service performance indicators (KPI) and opportunities for technical or process improvements may also be monitored by the CLIENT on the LiveCloud Platform whenever this functionality is available for the contracted services.

The service management methodology used for solutions delivered through CloudOps was developed from the experience and expertise acquired by the CONTRACTOR over the years, combined with the use of best practices based on international standards. All operations, monitoring and performance management processes are overseen by the area’s management team, with continuous improvement and ongoing PDCA, using a proprietary methodology for their execution. The method includes visual management, facilitating the management of investments, strategies, risks and resources required to sustain and evolve the contracted services. The processes and activities carried out by the CONTRACTOR are recorded to support any internal audits for assessing the service levels delivered. Any actions performed in the environment by the CUSTOMER will also be recorded. From time to time, the CONTRACTOR may conduct tests in the environment to assess the quality and suitability of the services. The CUSTOMER acknowledges and agrees to this procedure and that structural information about the environment (but not its data) will be used by the CONTRACTOR for this purpose. Due to the resources allocated and the cost considerations involved in managing and organizing the services provided, any negative elasticity thereof, where available (consult the CONTRACTOR to determine when applicable), is limited to a maximum of 70% of the initial base contracted by the CUSTOMER, in order to maintain the economic viability of service delivery.

Enhancements to the contracted services, as well as the activation of new services, may be requested through the CONTRACTED PARTY’s tools and/or the LiveCloud Platform. Critical enhancements required to maintain the availability of the contracted service may be carried out automatically by the CONTRACTED PARTY and will be added to the charges whenever performed, based on the price list in effect at the time the need arises/is executed. Typically, the CONTRACTED PARTY will take this type of action when, for example, disk space runs out and/or in similar situations where failing to act could compromise the services provided.

In addition, the CLIENT acknowledges that, whenever possible, the CONTRACTED PARTY will provide environments with automatic resizing, increased device coverage, etc. This positive elasticity feature, where applicable, automatically allocates resources in proportion to the demand generated by the services used/consumed by the CLIENT. The LiveCloud Platform will contain information about the resources and usage contexts for the CLIENT’s information. 

CloudOps services generally have 99.95% availability for the vast majority of contracted items. This may be higher when high-availability options are contracted additionally, reaching 99.98% in certain contexts and with specific solutions.

Monthly uptime is calculated as the maximum available minutes minus downtime, divided by the maximum available minutes in a month.

Maximum available minutes are the total number of minutes accumulated during a month.

Downtime is the total number of accumulated minutes included in the maximum available minutes.

The CONTRACTOR shall provide notices of changes that may impact CloudOps service availability whenever they add value for the CLIENT, and these notices will be available through the platform as alerts.

The CONTRACTOR will also work to ensure that more than 90% of tickets have support initiated within the maximum expected time, as set out in the CONTRACTOR solution’s Responsibility Matrix. 

CUSTOMER

• Provide local equipment, if required by the solution, to connect to the LiveCloud solution;
• Open tickets (requests and incidents) through the LiveCloud Platform;
• Provide the information and context required in the new LiveCloud environment to be implemented;
• Request information and data within 15 days of service deactivation for the purpose of downloading/backing up data to the CUSTOMER environment, subject to a specific quotation for this purpose;
• Comply with the requests and usage standards / rules for use of the LiveCloud environment and services established by Processor;
• Passwords, users, and protection of passwords and access contexts, use of MFA, passwords longer than 16 characters, not sharing access credentials, etc.;
• Provide information about the environment to be migrated whenever necessary to implement and/or migrate items to be activated in LiveCloud services.

CONTRACTOR

• Provide access to the LiveCloud Platform with service usage and monitoring indicators;
• Service performance management
• Technology tools for service management;
• Operation, support, and monitoring of the contracted LiveCloud services;
• Provide management reports on the LiveCloud Platform;
• Security and confidentiality of the information made available in the LiveCloud environment.

CUSTOMER and CONTRACTOR

• Release access credentials to the environment for VPN configuration and/or the connection method to the services

If CloudOps services are discontinued, the CONTRACTOR will retain its information for up to 15 days after the services end. During this period, the CLIENT may request the download of information and data hosted in the contracted services. If additional time is required, data-retention service options are available.

Services will be charged according to the volume of data to be transferred, the price list in effect at the time from Processor, and the level of involvement and resources allocated. After this period, the data will be removed and deleted by Processor.