Service Level Program - Uptime

This Service Level Program applies to and is incorporated by reference into the Order (the “Order”) made by and between Apptega, Inc. (“Apptega”) and the customer named on the Order (“Customer”). Apptega may modify this Service Level Program from time to time by posting an amended Service Level Program to Apptega’s website.  Apptega will use reasonable efforts to achieve the Response Times (defined below) (“Service Levels”). If Apptega does not meet the Service Levels, the Customer will be eligible to receive the credits described below. These credits are the Customer’s exclusive remedy for any failure by Apptega to meet Apptega’s Service Levels. Apptega and Customer hereby agree as follows:

1. Definitions.

The following definitions apply to this Agreement.
“Downtime” means the time in which the Service (as defined in the Order) is not capable of being accessed or used by the Customer, as monitored by Apptega. “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month. The following are not counted as Downtime for the purpose of calculating Monthly Uptime Percentage:
•    Service unavailability caused by scheduled maintenance of the platform used to provide the applicable service (Apptega will endeavor to supply seven days’ advance notice of service-affecting scheduled maintenance); or

•    Service unavailability caused by events outside of the control of Apptega, including any force majeure event, the failure or unavailability of Customer’s systems, the Internet, and the failure of any other technology or equipment used to connect to or access the service;

•    Customer’s failure to perform any of its responsibilities in the Agreement to the extent such failure adversely affects Apptega’s ability to perform the Services, provided that Apptega uses commercially reasonable efforts to perform despite Customer’s failure.

•    Factors outside Apptega’ reasonable control; provided that Apptega would have been able to perform but for such factor, Apptega has not materially contributed to the cause of such factor, and Apptega could not have reasonably foreseen and prevented the effect of such factor with a commercially reasonable effort.
•    The regularly scheduled weekly maintenance window will not exceed three hours per week without notification and will be scheduled during minimal traffic times.

2. Service Credits.  

Credits are issued as a financial reimbursement if Apptega does not meet the Service Levels for a particular month during the term of the Order. Upon approval of a claim, Apptega will provide the applicable remedy set forth below:

Monthly Uptime PercentageService CreditLess than 99.5% but >= 98.7%  5% of the prorated monthly feeLess than 98.7% but >= 95.0%10% of the prorated monthly feeLess than 95.0% but >= 90.0%15% of the prorated monthly feeLess than 90%20% of the prorated monthly fee

     
3. Claim Procedure.  

To receive a service credit for a particular calendar month, Customer must submit a claim by email to the support team within 30 days of the end of the month during which the Service did not meet the Service Levels, and include the following information:
•    Customer name and account number
•    the name of the service to which the claim relates
•    the name, email address, and telephone number of the Customer’s designated contact
•    Information supporting each claim of Downtime including:
o    Date
o    Time
o    A description of the incident and affected service
o    All of which must fall within the calendar month for which you are submitting a claim
•    Credits will be provided against future payments.  Credits for claims will be issued in the cases of reseller end user customers to either the reseller or directly to the end user customer, depending upon the reseller agreement terms.

4. Termination Option.

Customer may terminate an Order with thirty (30) days’ written notice if Apptega fails to meet the Service Levels during three (3) consecutive calendar months or fails to meet the Service Levels more than five (5) months in any twelve (12) month period.  

5. Sole Remedy.  

This Service Level Program contains the Customer’s sole and exclusive remedy for any deficiencies associated with Service Levels and the Monthly Uptime Percentages.


Last updated: 07/01/2023