Riada Cloud Terms

NOTE: THIS PAGE IS CREATED TO SHARE TERMS OF SERVICE FOR ORGANISATIONS INTERESTED IN BECOMING A RIADA CLOUD CUSTOMER. THESE TERMS AND OTHER DETAILS WILL BE SPECIFIED IN THE RIADA CLOUD AGREEMENT WHICH NEEDS TO BE SIGNED BY BOTH PARTIES.

Riada Cloud is a Hosted Service provided by Riada to the End User. The Hosted Service is a cloud based server solution with installed applications from Atlassian and other vendors. The servers are located in Amazon Web Services (AWS) in Europe. As an Atlassian Platinum Solution Partner, Riada has deep knowledge and vast experience in Atlassian applications and can therefore provide this hosted solution and additional services.

Applications included in this Agreement

The following Applications are included in this Agreement

Application / License Tier

JIRA / XXXX Users
Confluence / XXXX Users
etc.

Applications excluded from this Agreement

Riada is not responsible for any third-party add-ons installed in the Hosted Services. Riada can install requested add-ons but support for third party add-ons are charged by the hour. Effort to integrate the Applications to End User’s user directories, mail servers or SSL certificates are charged by the hour. Riada cannot be held responsible for any code or scripts deployed by the End User. Riada might remove third party add-ons, code or scripts that impact the accessibility or performance of the Product/s, written End User consent is required.

Pricing

FIXED PRICE PER QUARTER WILL BE DISCLOSED IN THE ACTUAL AGREEMENT

Services included / excluded

Application Management (INCLUDED)

  • Hosting Environment – Amazon Web Services (AWS)
  • One (1) upgrade per year per Application is mandatory and included in this article
  • Optimization of CPU, RAM & Disk
  • SLA stipulated in General Terms
  • Monitoring and alarms 24/7
  • Backups every night (30 days retention)
  • Restore and test of backups – once per year
  • Possibility for End User to report Incidents 24/7
  • Incident Management – time spent on resolving incidents

Additional Consulting, Upgrades & Support (EXCLUDED – SEPARATE CONSULTING AGREEMENT NEEDED)

  • Any migration of data or integration to third party systems
  • Any test or staging environment accessible for End User
  • Any additional Application upgrades
  • Any consulting / support / training / workshops / meetings

Application licenses from Atlassian & add-on vendors (EXCLUDED – OFFERED SEPARATELY) 

Invoice Periods

Riada Cloud is invoiced four times per year (quarterly) retrospectively at the following predetermined dates:

31-December, 31-March, 30-June, 30-September

Exact start date and end date of the agreement is reflected in the pricing for the first and last invoice period.

Changes to Riada Cloud infrastructure

If the initial choice of infrastructure needs to be upgraded or extended to secure the availability, security or performance of the Hosted Services, Riada will at its sole discretion upgrade infrastructure components to ensure the environment. Riada will inform the End User of such an upgrade and might also present a new agreement to replace this Agreement if the additional cost is significant.

Additional consulting, upgrades and support

This Riada Cloud Agreement does not include additional consulting, upgrades and support other than what is specified in the pricing table. Additional services can be called off if a separate agreement is signed between the parties.

Test Environments

The End User has the option to order a test environment as specified in Exhibit B.

General Terms

The Riada Cloud General Terms are specified in Exhibit A. If there is any conflict or difference between this Agreement and the General Terms, this Agreement shall prevail.

Changes to this Agreement

Changes in number of Applications or increased number of licensed Application users automatically calls for a new Agreement between the parties. Riada will not be responsible in any way if the End User increase the number of licensed Application users without a new Riada Cloud Agreement. Riada might give written notice of termination of this Agreement if the number of Applications or number of licensed Application users does not match this Agreement.

Terms of Agreement

The Agreement is effective by 201x-xx-xx and does not expire unless notice from the End User or Riada.

The notice period for the End User is three (3) months.
The notice period for Riada is six (6) months.

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Exhibit A – Riada Cloud – General Terms

Use of Riada Hosted Services (Riada Cloud)

Unless otherwise specified, End User retains ownership of any data or other content or information that End User provides through the Hosted Services,

End User’s use of the Hosted Services and all End User Data must comply with End User’s own privacy policies and all domestic, foreign and international laws and regulations, including those relating to data privacy, international communications, and the exportation of technical or personal data. End User is solely responsible for the accuracy, content and legality of all End User Data. End User agree to act and adhere to The Personal Data Act (1998:204). Riada is not responsible for any End User Data in the Hosted Services. End User agrees not to submit any content that is obscene, defamatory, libellous, threatening, harassing, pornographic, racially or ethnically offensive, that encourages conduct that would be considered a criminal offence or give rise to any civil liability. End User will not submit any material (including any virus, bot, worm, scripting exploit or other harmful code) that is likely to harm or corrupt the Hosted Services or any computer systems or data. End User represents and warrants to Riada that it has sufficient rights in the End User Data to grant the rights in this section and that the End User Data does not infringe the rights of any third party. End User agrees that Riada may, in its sole discretion, delete or remove any End User Data at any time and with or without notice.

Changes to Hardware and Software

Riada may modify hardware and software components for the Hosted Services at any time, in its discretion, and End User acknowledges that it may not receive notices about these changes. Changes to hardware and software components that require a temporary disruption of the Hosted Services should be made outside Swedish Business Hours. Emergency changes can be performed by Riada at any time to get the Hosted Services operational after unplanned disruption.

End User Data

After termination or expiration of a Subscription Term or this Agreement, unless it was for End User’s breach, at End User’s request, Riada will use reasonable efforts to make available the End User Data for download. If made available, End User must download the End User Data within 14 days of termination or expiration. After that, Riada may delete the End User Data.

End User Responsibilities

End User is responsible for its own Internet connection and must use software, systems and equipment compatible with the Hosted Services, as Riada specifies in its published policies. Any End User web browsers and other software must support the Secure Socket Layer (SSL) protocol or other protocols accepted by Riada. Riada is not responsible for any End User Data lost, altered, intercepted or stored across networks not owned or operated by Riada or its affiliates.

Riada’s Responsibility

Riada is responsible for the hardware and software used in the Hosted Services. Riada guarantee that the Hosted Services is available for the End User SBH to 99.9% per month. Riada is responsible for monitoring, alarms, backups, performance and upgrades in the Hosted Services. Riada is obligated to work actively with End User’s submitted issues described below.

Service Level Agreement (SLA) and Issue Types

Riada support hours and response times are described in the tables below. These conditions are binding for Riada. Extended SLA might be stipulated in the End User Agreement.

Incidents

An incident in this Agreement is defined as an occurrence of irregularity that is directly related to the Hosted Services or the Application itself (responsible party is Riada). The irregularity can be of different severity and is described in the table below. The End User agrees to make an honest and true classification of severity when creating Incident tickets in the Riada Service Portal.

Reporting

To call of any services stipulated in this agreement, the End User shall submit a ticket in the Riada Service Portal. Riada will provide access to Riada Service Portal for End User representatives. By having access to the Service Portal, the End User is considered eligible to call off services according to this agreement. Riada Service Portal is accessible from any web browser. E-mail and phone calls should only be used in emergency situations or when there is a need for further explanations of a particular issue.

Application Licenses

End User must purchase Application licenses from Riada who will install them in the Hosted Services environment. End User is obligated to have active support and maintenance agreements for all Application licenses used in the Hosted Services. Failure to have valid licenses with active support and maintenance agreements is a breach to this agreement and might return in termination of agreement by Riada with written notice (60 days).

Payment

End User must pay all fees by their due date specified at the time of order or otherwise within 30 days of Riada’s invoice or notice. Invoices are sent on a quarterly basis.

Termination

This Agreement will continue so long as End User has a license to the Software or an ongoing Subscription Term for the Hosted Services, unless earlier terminated. Riada may suspend or terminate this Agreement and End User’s account, with respect to one or more of the Applications, if End User fails to comply with the terms and conditions of this Agreement, including any failure to pay fees when due. Application Licenses owned by the End User will be transferred from the Hosted Services to the End User upon termination of this agreement.

Force Majeure

Neither party shall be liable hereunder by reason of failure or delay in the performance of its obligations hereunder (except for the non-payment of money) on account of strikes, shortages, riots, insurrection, war, acts of terrorism, fires, flood, storm, explosions, earthquakes, governmental action, labour conditions, or any other cause which is beyond the reasonable control of the party.


Exhibit B – Riada Cloud Option – Test Environments

Option to allocate test environments

End User has the option to allocate additional environments for testing purpose. These environments include very limited administration efforts from Riada and must never be used as production environments. Migration of data between environments including all other requested efforts to adjust or alter the test environments are charged as professional services per hour according to details stipulated in the corresponding professional services agreement.

Test environment specification

A test environment under this Agreement is defined as a copy of the production environment. All hardware and software components are dimensioned exactly like the production environment.

Pricing for test environment/s

A test environment is priced with one third (1/3) of the price for the corresponding production environment. The cost is added as a separate post on the invoice for Riada Cloud.

Example:

If the production environment is charged with 45 000 SEK per quarter, a test environment would cost an additional 15 000 SEK per quarter.

Test environments can be allocated per day. If a quarter is 90 days, this example would result in a daily cost for a test environment of 167 SEK.

NOTE:
Hours spent on setting up and configuring test environments are charged by the hour according to the corresponding professional services agreement.

Services included/excluded for test environments

Requesting and terminating a test environment

End User can request a new test environment or terminating an existing test environment by filing a request in the Riada Service Center.

Terms for test environments

Minimum allocation time for a test environment is one (1) day. Notice period is one (1) day for the End User and three (3) months for Riada.

The test environment article/s is specified on the regular Riada Cloud invoice, sent quarterly with 30-days net payment.


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Contact sales@riada.se to get them answered.