Fillable Printable Service Level Agreement Sla

Service Level Agreement Sla

Final Version 2/24/2012 Page 1 of 6

State of Texas

Department of Motor Vehicles

Electronic Lien and Title Program

Service Level Agreement

1. This Agreement is between the Texas Department of Motor Vehicles, hereinafter

referred to as “the department,” a state agency, and

__________________________________, a financial institution, its parent and their

affiliated companies located at _____________________________________________,

hereinafter referred to as the Financial Institution.

A Financial Institution may employ a Service Bureau or Software Provider, hereinafter

referred to as the “Provider,” for the performance of this Agreement. The Financial

Institution hereby notifies the department that it has an agreement with

__________________________, located at ____________________________________.

The Financial Institution hereby notifies the department that it does not have an

agreement with a Provider by initialing here: _____________________.

2. The Financial Institution must notify the department within seven (7) business

days if its agreement with the Provider is terminated. Notification must be in writing or

electronically to the address stated in this agreement. Promptly upon such notification,

the department shall terminate Provider’s access to Financial Institution’s records.

3. The purpose of this Agreement is to establish parameters for the department’s

Electronic Lien and Title program, hereinafter referred to as ELT whereby notification of

a lien in favor of the Financial Institution will be sent electronically by the department,

thus avoiding the issuance of a paper title. All parties agree that the successful outcome

of this process is of economic benefit to all parties and therefore agree to be bound by the

terms and conditions set forth herein. Upon the execution of this Agreement by all

parties, any oral understandings between the parties which are not incorporated herein

shall be considered null and void.

4. This Agreement shall become effective on the date of execution by all parties and

shall continue in full force until modified, amended or terminated.

5. This Agreement includes all terms and conditions made between the department

and the Financial Institution for this process, and except as otherwise provided in

paragraph six (6) of this Agreement, any amendment or modification to this Agreement

shall be in writing duly executed by each party's authorized official, which shall become

effective at a time mutually agreed upon by the parties.

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6. Notwithstanding any provision of this Agreement to the contrary, this Agreement

is subject to any restrictions, limitations or conditions enacted by the Texas Legislature

which may affect any or all terms or provisions of this Agreement in any manner. The

department will advise the Financial Institution of any such actions taken by the Texas

Legislature. The Financial Institution agrees that, upon notification from the department,

any such restrictions, limitations or conditions enacted by the Texas Legislature

constitute a modification or amendment to this Agreement even though they were not put

in writing and duly executed by each party's authorized official as required in paragraph

five (5) of this Agreement. The Financial Institution may immediately terminate this

Agreement shall it determine it cannot comply with the modification or amendment to

this agreement.

7. This Agreement is subject to the right of all parties to terminate the Agreement at

any time without cause, except as set out in paragraph (six) 6, by giving the other party at

least thirty (30) days prior notification of such termination. Notice is effective from the

date delivered to or, if served by mail, five (5) days from the date of mailing. Termination

initiated by the Financial Institution or Provider may be electronically to the following e-

mail address: [email protected] or in writing and delivered to or sent to:

Attn: Technology Support

Texas Department of Motor Vehicles

Vehicle Titles and Registration Division

Austin, Texas 78731

Updates to this contact information will be provided in writing, with not less than 30 days

advance notice, to the address provided below.

Termination initiated by the department must be directed to the attention of:

_____________________________________________

Financial Institution

_____________________________________________

(Written or electronic notice must be immediately provided to the department if any

changes occur to the Financial Institution’s notification address.)

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8. This Agreement is not assignable either in whole or in part, without the written

consent of the department.

9. The Financial Institution agrees that this agreement is subject to the Motor

Vehicle Records Disclosure Act, Transportation Code, Chapter 730, and the Driver’s

Privacy Protection Act, 18 U.S.C. Sec. 2721 et seq., hereinafter referred to as the "Acts",

that all personal and vehicle information which would be considered privileged under the

Acts, and is contained in any information forwarded to the Financial Institution under this

Agreement, shall not be released by the Financial Institution to any individual or entity

who would not otherwise have access to such information under the Acts. Any release of

such information by the Financial Institution to any unauthorized individual or entity in

violation of the Acts, will result in the department terminating this Agreement and the

Financial Institution shall hold the department harmless for any resulting damage or

losses. Notwithstanding any other time limits set forth in paragraph seven (7) above, the

department may terminate this Agreement for such unauthorized use or disclosure by

written notice to the Financial Institution, such notice to be effective upon mailing or

facsimile (FAX) transmission by the department.

In addition, the Financial Institution agrees to require its Provider to establish a Motor

Vehicle Inquiry Account that allows for remote electronic access, through the internet via

a secure website, to motor vehicle title and registration records. To establish a Motor

Vehicle Inquiry Account, the Provider must enter into a written service agreement (Motor

Vehicle Inquiry Service Contract for Accessing Texas Motor Vehicle Records) with the

department.

10. The Financial Institution agrees to contact the department’s Technology Help

Desk center at (512) 302-2020, within seven (7) calendar days of receiving information

that the department has sent, by electronic or any other means, of data or ELT records

intended to be sent to another entity. Notwithstanding any other time limits set forth in

paragraph seven (7) above, the department may terminate this Agreement for failure to

report such errors to the department by written notice to the Financial Institution, such

notice to be effective upon written or electronic notification by the department.

11. The Financial Institution may use the ELT program to complete the following

transactions:

a. Release of lien from lienholder to the owner.

b. Send error messages.

c. Release of lien from lienholder to a third party address.

d. Other ELT transactions may be included based on revisions to the department

ELT specifications.

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12. The transmission of on-line file transfer to the Financial Institution or Provider by

the department and to the department by Financial Institution or Provider will be

accomplished utilizing a secure ftp m ailbox.

13. All costs incurred by the Financial Institution to participate in the ELT will be the

responsibility of the Financial Institution.

14. Each business day, after the close of business, the department will produce and

send electronically to the Financial Institution’s Provider, data consisting of lien

notifications entered onto the department customer record files that same day. In

response, the Financial Institution shall require its Provider to match lien notifications to

its files and send an electronically acknowledgment within three (3) business days of the

lien notification from the ELT file.

15. If the Financial Institution desires to convert existing electronic titles with liens to

paper titles, the Financial Institution shall submit the re quest to the department.

16. Until the Certificate of Title is printed by the department at the request of the

Financial Institution, all information and data that is currently required by Sec.501.021 of

the Transportation Code will be transferred by the department to the Provider’s electronic

mailbox, and if Provider is terminated by Financial Institution, then upon notice by

Financial Institution pursuant to Section 2, to Financial Institution’s new provider or if

none, then to Financial Institution. This transfer of information will be considered by the

parties to be a delivery of an electronic title. The Financial Institution will retain that

information or any other information held about the lienholder which may then be

configured in any electronic format as the Financial Institution may deem appropriate to

fit within its system.

17. Once the lien has been satisfied, the Financial Institution shall comply with Sec.

501.115, Transportation Code, by notifying both the owner and the department of the

discharge of the lien. Upon notification the department will remove all lienholder

information from the electronic title record. The title will remain an electronic title until

the owner requests a printed title.

18. If the department decides to terminate the ELT process, all ELT records of

ownership shall have a paper title produced and delivered or mailed to the Financial

Institution at no cost to the Financial Institution.

19. The Financial Institution shall indemnify and hold harmless the department and

its officers, agents and employees from any and all claims, actions, damages or losses

which may be brought or alleged against the department, its officers, agents or

employees, for unauthorized disclosure of information, errors or omissions, or delays, or

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from equipment, software or communication failures which result solely from the actions

of such party under this Agreement.

20. The Financial Institution agrees to comply with the department’s Electronic Lien

Titles Technical Specification document that describes all technical aspects for the

electronic transmission of data between the Financial Institution, its Provider, and the

department.

IN WITNESS WHEREOF, THE UNDERSIGNED HAVE CAUSED THE

AGREEMENT TO BE EXECUTED BY THEIR AUTHORIZED OFFICIALS AS OF

THE DATES NOTED BELOW

_____________________________________________________ _____________

Executive Director, Texas Department of Motor Vehicles Date

FINANCIAL INSTITUTION

__________________________________________________________

Financial Institution

__________________________________________________________

Authorized Representative (print name and title)

__________________________________________________________

Authorized Representative (signature)

__________________________________________________________

Date

____________________________________

Federal Employer Identification Number

__________________________________________________________

Financial Institution's Street/City Address of Principal Place of Business

__________________________________________________________

Telephone Number

_____________________________

Financial Institution’s Email Address

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Provider Information

__________________________________________________________

Provider Name

__________________________________________________________

Authorized Representative (print name and title)

__________________________________________________________

Authorized Representative (signature)

__________________________________________________________

Date

__________________________________________________________

Provider’s Street/City Address of Principal Place of Business

__________________________________________________________

Telephone Number

_____________________________

Provider’s Email Address