1 Service uptime commitment
For the purpose of measuring the quality of service that the Supplier delivers, the Supplier is committed to the following:
- (a) the Supplier will provide access to the Software on a twenty-four hours a day, seven days a week (24 x 7) basis, at a rate of 99.9% (“Services Uptime Metric”); and
- (b) the Services Uptime Metric commences on the “Go Live Date”, which means the date the customer made payment or started to use the second subscription.
2 Measurement method
The Services Uptime Metric will be measured using http://www.hyperspin.com/en/.
On a quarterly basis, the Services Uptime Metric will be measured using:
- (a) the measurable hours in the quarter (total time minus planned downtime, including maintenance, upgrades, etc.) as the denominator; and
- (b) the denominator value minus the time of any outages in the quarter (duration of all outages combined) as the numerator,
to give the percentage of available uptime.
An “outage” is defined as consecutive failures to connect to Detrack’s servers within a 15-minute period (not including local telcos outage or Internet connection issues faced by the user), lasting until the condition has cleared.
3 Boundaries and exclusions
The Services Uptime Metric will not apply to performance issues caused by the following:
- (a) Overall Internet congestion, slowdown, or unavailability;
- (b) Unavailability of generic Internet services due to virus or hacker attacks;
- (c) Events or circumstances that are outside the reasonable control of the Parties including acts of God, fire, explosion, typhoon, storm, earthquake or other similar occurrence, orders of acts of military or civil authority, or national emergencies, insurrections, riots, wars, strikes, or other force majeure events;
- (d) Actions or inactions of the Customer or third parties beyond the control of the Supplier;
- (e) A result of the Customer equipment or third-party computer hardware, software, or network infrastructure not within the sole control of the Supplier; or
- (f) Scheduled SaaS infrastructure maintenance.
The Supplier will provide a report on the Services Uptime Metric (“Uptime Metric Report”) to the Customer upon request. If the Customer disagrees with the Uptime Metric Report, written notice of the disagreement must be provided to the Supplier within seven (7) days of receipt of the Uptime Metric Report.
5 Service credits
If the Supplier fails to meet the Services Uptime Metric in any quarter, the Customer will be entitled to service credits (“Service Credits”) as follows. Service credits will be added into the Customer’s account and are non-transferable or exchangeable for cash. Service credits are solely to be used for the payment of Detrack’s services.:
services uptime metric
|Between 99.9% – 100%||Meet Goal||Nil|
|Between 99.0% – 99.8%||Tolerable||Five (5) day charges based on the subscription amount paid by the Customer|
|Below 99.0%||Unacceptable||Ten (10) day charges based on the subscription amount paid by the Customer|
*The daily service credits’ amount will be calculated by dividing the amount of the monthly subscription paid by 30 days whereas the yearly subscription service credits’ amount will be divided into the number of months subscribed for before further dividing the amount by 30 days.
Service Credits are cumulative. Any charges incurred by the Customer will be payable after all Service Credits have been fully utilized. Payment by service credits is capped at one month of the subscriptions paid.
Service Credits cannot be transferred or applied to any account other than the Customer’s own account. Service Credits are forfeited upon termination of this Agreement.
6 Support Terms
Technical support hours: seven days a week, 24 hours a day (support ticket / email) (“Support Hours”).
The Customer may initiate a help request during the Support Hours by emailing us at firstname.lastname@example.org.
Support agents’ reply will be sent within 18 hours or less on working days (Mondays to Fridays excluding public holidays UTC 01:00 to UTC 09:00).
Critical technical issues (E.g. system failure) will be attended to as soon as an agent is available (seven days a week, 24 hours a day).