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Alinography Portal: Service Level Agreement
Introduction
This Alignography Platform Service Level Agreement (“SLA”) is a policy governing the use of Alignography under the referring Alignography Platform Cloud Terms and Conditions (the “T&Cs”) between AlignographyDB Inc. (“Alignography”) and users of the Alignography Platform (“Customer”). This SLA applies separately to each Alignography Platform user account. Unless otherwise provided herein, this SLA is subject to the referring T&Cs.
1. Definitions
a. “Intermittent Downtime” means Unavailability for less than ten (10) consecutive minutes.
b. “Maximum Service Credit” means the maximum number of Service Credits to be issued by Alignography to Customer for any and all Unavailability that occurs in a single calendar month.
c. “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the calendar month in which the Alignography Platform is Unavailable.
d. “Scheduled Maintenance” means those time where the Company notifies Customer of periods of Unavailability at least five (5) days prior to commencement of such Unavailability.
e. “Service Commitment” means at least 99.9% Monthly Uptime Percentage.
f. “Service Credit” means the following: Monthly Uptime Percentage Days of Service added to the end of the Service term, at no charge <99.9% 3 Business Days
g. “SLA Exclusions” means any Unavailability:
- caused by factors outside of Alignography’s reasonable control, including any force majeure event or internet access or related problems beyond the demarcation point of Alignography;
- that results from any actions or inactions of Customer or any third party;
- that results from Customer’s equipment, software, or other technology and/or third-party equipment, software or other technology (other than third-party equipment within Alignography’s direct control);
- that results from any Scheduled Maintenance;
- arising from our suspension or termination of Customer’s right to use the Alignography Platform in accordance with the T&Cs.
h. “Unavailable” and “Unavailability” mean:
- Customer’s maps served by Alignography are down and inaccessible;
- the Alignography Platform returns a server error response to a valid user request during two (2) or more consecutive ninety- (90-) second intervals; or
- the Alignography Platform is inaccessible online.
2. Service Commitment
a. Alignography performs 24/7 monitoring of service systems and maintains on-call technical staff at all times.
b. Alignography will use commercially reasonable efforts to meet the Service Commitment. Except as set forth below, in the event Alignography does not meet the Service Commitment, Customer will be eligible to receive a Service Credit.
c. Monthly Uptime Percentage measurements exclude:
- Unavailability resulting directly or indirectly from any SLA Exclusions;
- Intermittent Downtime.
3. Service Credit Request
a. To receive a Service Credit, the Customer must submit a claim to Alignography to the following email address support@Alignography.com. To be eligible, Alignography must receive the credit request by the end of the second billing cycle after which the incident occurred, and the request must include:
- the words “SLA Credit Request” in the subject line;
- the dates and times of each Unavailability incident that Customer is claiming; and
- the affected user accounts
b. If the Monthly Uptime Percentage of such request is confirmed by Alignography and is less than the Service Commitment, then Alignography will issue the Service Credit to Customer within one (1) billing cycle following the month in which Customer’s request is confirmed by Alignography. Customer’s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit.
c. The Maximum Service Credit shall not exceed three (3) days of Services added to the end of the Service Term.
d. Service Credit may not be transferred or applied to any other user account.
e. This is Customer’s sole and exclusive remedy for the Unavailability of the Alignography Platform.
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