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SERVICE LEVEL AGREEMENT FOR AUGMENTEED

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1. DEFINITIONS 

  1. “Credit” means 2% of the Recurring Software Services Fees for the applicable Software Service or the list price of the monthly consumed Software Service for each 1% below the System Availability SLA, not to exceed 50% of the fees paid by the Customer for the relevant Month for the applicable Software Service. 

  2. “Downtime” means the Total Minutes in the Month during which the production version of the Software Service is not available, except for Excluded Downtimes. 

  3. “Excluded Downtime” means the Total Minutes in the Month attributable to a Maintenance Window; or any Major Upgrade Window for which the Customer has been notified at least five (5) business days in advance; or unavailability caused by factors outside of Company’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised.

  4. “Maintenance Window” means the weekly maintenance windows of every Saturday at 8:00 AM Singapore time for a maximum of 2 hours. Company may update the Maintenance Window from time to time in accordance with the Agreement.

  5. “Major Upgrade Window” means the extended upgrade maintenance windows for the Software Service identified as up to 6 times a year on Saturday at 8:00 AM Singapore time for a maximum of 4 hours. Company may update the Major Upgrade Window from time to time in accordance with the Agreement. 

  6. “Month” means a calendar month. 

  7. “Monthly Subscription Fees” means the monthly (or 1/12 of the annual fee) subscription fees paid for the applicable Software Service which did not meet the System Availability SLA. 

  8. “System Availability Percentage” is calculated and defined as follows: ​(Total minutes in the month - Excluded downtime - Downtime) / (Total minutes in the month - Excluded downtime) * 100

  9. “System Availability SLA” means a 99.2% System Availability Percentage during each Month for the production version of the Software Service.

  10. “Total Minutes in the Month” are measured 24 hours at 7 days a week during a Month.

 

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2. SYSTEM AVAILABILITY SLA AND CREDITS

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1. Credit 

If Company fails to meet the System Availability SLA for a particular Month, Customer may claim a Credit, which Customer may apply to a future invoice relating to the Software Service that did not meet the System Availability SLA (subject to Sections 2.1.1 and 2.1.2 below). 

  1. Claims for a Credit must be made in good faith and through a documented submission of a support case within thirty (30) business days after the end of the relevant Month in which Augmenteed did not meet the System Availability SLA for the Software Service. 

  2. Customers who have not subscribed to the Software Service directly from Augmenteed must claim the Credit. 

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2. System Availability Report 

Augmenteed will provide Customer with a monthly report describing the System Availability Percentage for the Software Service either by email following a request to Customer’s assigned Augmenteed account manager, or through the Software Service, or through an online portal made available to Customer, if and when such online portal becomes available.

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