Webcare offers “Webcare services”, a proprietary data management service for organisations in the disability, health care and social development sectors. The Service includes, but is not limited to, Data storage and indexing, Scheduler, Document Management System, Workflow and notifications, and Reporting engine.
Service Specifications
This agreement describes Service specifications and Service level commitments provided to you by us.
1. Definition of Terms
The following words and expressions shall have meanings here by assigned to them except where the context otherwise requires:
- "Webcare", “we”, “us” and “our”, means Webcare Limited;
- “You”, ”Your”, means the party or parties which utilise service provided by Webcare Limited;
- “Authorised User(s)” means the user or users authorised to access and use the Service;
- “Confidential Information” means Your Data, and all information (whether written or oral) exchanged between the parties which is not publicly available and which is either formally identified as being confidential or by its nature the receiving party should reasonably know that it is confidential;
- “Intellectual Property” means all rights in copyright, designs, trademarks, patents, know how, processes and all other rights in intellectual property whether registrable, registered, patentable or not;
- “Webcare Service Portal” means the applications, systems, processes, scripts and websites at <webcare.co.nz> and <webcare.net.nz> or any other website Webcare directs you to use to access the Service;
- “Service” means the services provided by Webcare set out in this agreement; and
- “Your Data” means any information, content, data or files that any Authorised User inputs or uploads to the Webcare Service Portal or that is imported from a third party by any Authorised User as part of the Service.
2. Service Resources
Webcare offers state-of-the-art high availability, high performance “Software as a Service” (SaaS) cloud-based computing which is ideal for services requiring high uptime and scalable resources. Our SaaS is built for redundancy, reliability, security and scalability:
- “Redundancy” measures the ability of the Service to withstand hardware failure without impacting the Service. The Service runs on a five-point rating VMWare vShere Cloud infrastructure to provide end-to-end redundancy paths with no single point of failure.
- “Reliability” measures the overall reliability of the Service and its visible availability including any software used to power and support the Service. Webcare also offer managed backups and Layer 7 Load balancer support to improve the overall reliability.
- The Service runs on a secure SSL site which encrypts all Your Data to our servers. We also offer secure remote logins for Authorised Users.
- The Service is scalable and can be upgraded with additional resources as per your requirements. Such resources include increased number of staff or client licenses, storage space for document management system, additional Authorised User logins or increased data traffic. Webcare servers are also upgraded as per their maintenance cycle.
3. Availability
Webcare’s primary commitment is to provide outstanding services to all customers. This commitment is to provide at least 99.99% “Network Availability”.
Network Availability is defined as the ability to pass incoming and outgoing requests from Webcare servers in TCP/IP traffic. Network availability loss caused by any factor(s) beyond Webcare’s control, including factors as problems on domestic and international backbones or on your portion of the network, denial of service or similar attacks directed at Webcare servers or Webcare’s network, are not included on Network Availability calculations.
3.1 Application (Web) Server Availability
Webcare commits to provide 99.98% “Application Server Availability”. Application (Web) Server Availability is defined as the ability to retrieve HTTP headers from the hosting Webcare server. Webcare will also monitor availability of your site including Application Recycling.
To verify the Application Server Availability, Webcare’s collocated High Availability Virtual Machine setup is probed by core hardware node every five minutes, with a 30-second failure threshold. If the probe is not successful, the server is considered non-operational and is immediately reported to the support team.
Denial of service attacks or other types of attacks directed toward the web server, including Application Server unavailability resulting from the loss of Network Availability, resulting in or contributing to downtime will not be included in Web Server Availability calculations.
3.2 Mail Server Availability
Webcare commits to provide at least 99.50% “Mail Server Availability”. Mail Server Availability is defined as the ability to “store-and-forward” outgoing email protocol used on the mail server (SMTP) that does not guarantee immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempt delivery as per a predefined schedule. If the message fails to be sent for 5 days, the messages will be returned to the sender.
Denial of service attacks, email relaying, mail bombing, and other flooding techniques directed toward the mail services resulting in or contributing to, including Application unavailability resulting from the loss of Network Availability, will not be included in Mail Server Availability calculations.
4. Security
The Service is secured by Firewall support, Intrusion Prevention System support and SSL support. SSL security ensures that all Your Data transmitted from a computer (or a handheld device) to our servers are encrypted.
Webcare also offers a secured login access and a “Role Based Access Control” administration hierarchy where only Authorised Users can access information as per their permission levels. Each service application runs within their application pools and are isolated from other services.
5. Your Data
Webcare runs on sophisticated RAID techniques to ensure the integrity of Your Data. Your Data is written to two or more disks simultaneously to prevent data loss in the event of any hardware failure. Webcare also performs routine server backups and maintains a 7 days data-rollback for disaster recovery purposes only. Server backup scope and scheduling cycle is at Webcare’s sole discretion.
5.1 Storage Capacity/Data Transfer
Your Data will be allotted a storage capacity and data transfer amounts on Webcare servers according to the plan and options selected by you. This storage size (used for storing and indexing information including documents in Document Management System) allotments can be increased by request for an additional fee. The servers may stop accepting, processing, or delivering data when the purchased limit is reached.
5.2 Data Retention
Webcare shall not be responsible for retaining any of Your data after your account termination. Your Data will be deleted from our servers after the account is terminated and from backups during scheduled backup rotation. Webcare shall not restore, provide on any storage media or send out any data pertaining to existing or terminated accounts unless agreed in writing by us.
6. Technical Support
Webcare will provide you with technical support on account set-up, login access and staff training as per the agreement.
Email and phone support is available Monday through Friday, excluding public holidays, from 8.30am to 5.30pm NZST. Webcare’s standard response time to technical support issues is within two hours. This time depends on the complexity of the inquiry and support request volume. The support team assigns the highest priority to customer inquiries related to the Service’s unavailability. These issues are addressed first upon notification from a customer.
Technical Support
Online Help: support.webcare.net.nz
Email Address: support@webcare.net.nz
Email Hours: 8.30am to 5.30pm NZST
Monday through Friday, excluding public holidays
Phone Hours: 8.30am to 5.30pm NZST
Monday through Friday, excluding public holidays
7. Customisations
Webcare offers various customisation options so the Service can be tailored as per your requirements. Any and all customisations have to be agreed upon in writing and a separate project will be created as per an agreed Software Specification Document. Webcare will not provide development-related support for any other web applications, desktop applications, scripts, software, or components from third parties or those developed by you.
8. Maintenance and Upgrades
To maximise the optimal performance and security of the Service, including any related patches, hot fixes and upgrades, Webcare will perform maintenance on a regular basis. Webcare reserves one hour of Service unavailability per month for maintenance purposes. This unavailability will not be included in Service uptime calculations. The maintenance is typically performed during off-peak hours and preferably during weekends or public holidays.
A minimum of 48 hours notification of maintenance will be provided except where maintenance is considered to be critical.
9. Restrictions
Webcare shall not be deemed responsible with any failure or deficiency of Service availability caused by or associated with:
- circumstances beyond Webcare’s reasonable control, including but not limited to, acts of any governmental body, fire, flood, earthquake, strike or other labour disturbance, interruption of/or delay in transportation, unavailability of/or interruption or delay in telecommunications or third party services, virus attacks or hackers or failure of third party software (including, without limitation, email services);
- scheduled maintenance, and emergency maintenance and upgrades;
- Your acts or omissions (or acts or omissions of others engaged or authorised by You), including, without limitation, custom applications developed by You or a third party contracted by You, any negligence, will full misconduct, or use of the Services in breach of Webcare’s Service Agreement and fair use policy;
- DNS (Domain Name Server) Propagation;
- outages elsewhere on the Internet that hinder access to Your account. Webcare is not responsible for browser or DNS caching that may make Your application site appear inaccessible while it is accessible from other geographical locations.
10. Your Responsibilities
To access Webcare Services, You must provide at the very minimum:
- an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
- a fully functional and modern Internet Browser, with relevant security patches installed;
- tools to develop and publish content as You find suitable and necessary.
11. Authorised User Requirements
You will:
1. ensure that all password(s) allocated to you and any Authorised Users are kept confidential and secure;
2. require all Authorised Users to agree in writing that they will keep their allocated passwords confidential and secure and that they will comply with the terms of this agreement;
3. ensure that all Authorised Users are responsible and competent and adequately supervised before granting them access to the Service;
4. train all Authorised Users how to keep their passwords secure including requiring them to use a strong password (of at least 8 characters at least 2 of which are uppercase letters and at least 2 of which are numeric) and not using a password which is also used by them to access other sites,
5. maintain a record of all Authorised Users;
6. ensure that the Service is at all times protected from access, use or misuse and damage by any person;
7. immediately advise Webcare if you or any Authorised User becomes aware of any unauthorised use or misuse of the Service and the Webcare Service Portal;
8. ensure that all data entered into the Service has been collected and is dealt with in accordance with the requirements of the Privacy Act 1993;
9. ensure that all passwords are allocated to only one individual and are not shared by users;
10. make every reasonable effort to prevent unauthorised users from accessing the Service.