This OpCon Technologies SafetySpectrum Service Level Agreement (SLA) is a policy governing the use of the OpCon Technologies SafetySpectrum under the terms of the OpCon Technologies Customer Agreement (the SafetySpectrum Agreement) between OpCon Technologies, (OpCon, us or we) and users of OpCon services (you). This SLA applies separately to each account using OpCon Technologies SafetySpectrum. Unless otherwise provided herein, this SLA is subject to the terms of the SafetySpectrum Agreement and capitalized terms will have the meaning specified in the SafetySpectrum Agreement. We reserve the right to change the terms of this SLA in accordance with the SafetySpectrum Agreement.
1. Service Commitment.
OpCon will use commercially reasonable efforts to make OpCon Technologies SafetySpectrum available with an Annual Uptime Percentage (defined below) of at least 99.9% during the Service Year. In the event OpCon Technologies SafetySpectrum does not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.
2. Definitions.
Service Year The preceding 365 days from the date of an SLA claim.
Annual Uptime Percentage This is calculated by subtracting from 100% the percentage of 15 minute periods during the Service Year in which OpCon Technologies SafetySpectrum was in the state of Unavailable If you have been using OpCon Technologies SafetySpectrum for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% Availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any OpCon Technologies SafetySpectrum SLA Exclusion (defined below).
Unavailable This is defined as no connectivity to SafetySpectrum during a fifteen minute period.
The Eligible Credit Period is a single month, and refers to the monthly billing cycle in which the most recent Unavailable event included in the SLA claim occurred.
Service Credit This is a dollar credit, calculated as set forth below, that we may credit back to an eligible OpCon Technologies SafetySpectrum account
Service Commitments and Service Credits If the Annual Uptime Percentage for a customer drops below 99.9% for the Service Year, that customer is eligible to receive a Service Credit equal to 10% of their bill for the Eligible Credit Period. To file a claim, a customer does not have to have wait 365 days from the day they started using the service or 365 days from their last successful claim. A customer can file a claim any time their Annual Uptime Percentage over the trailing 365 days drops below 99.9%.
OpCon will apply any Service Credits only against future OpCon Technologies SafetySpectrum payments otherwise due from you. Service Credits shall not entitle you to any refund or other payment from OpCon. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the SafetySpectrum Agreement, your sole and exclusive remedy for any unavailability or non-performance of OpCon Technologies SafetySpectrum or other failure by us to provide OpCon Technologies SafetySpectrum is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of OpCon Technologies SafetySpectrum.
3. Credit Request and Payment Procedures.
To receive a Service Credit, you must submit a request by sending an e-mail message to support@opcontech.com. To be eligible, the credit request must:
(i) include, in the body of the e-mail, the dates and times of each incident of Unavailablity that you claim to have experienced;
(ii) include your screen shots, request logs, e-mails to support and any other documents or errors that corroborate your claimed unavailablity (please do not include any confidential or sensitive information);
(iii) be received by us within thirty (30) business days of the last reported incident in the SLA claim. If the Annual Uptime Percentage of such request is confirmed by us and is less than 99.9% for the Service Year, then we will issue the Service Credit to you within 30 days. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
4. OpCon Technologies SafetySpectrum SLA Exclusions.
The Service Commitment does not apply to any unavailability, suspension or termination of OpCon Technologies SafetySpectrum, or any other OpCon Technologies SafetySpectrum performance issues:
(i) that result from a suspension of the SafetySpectrum Agreement;
(ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of OpCon Technologies SafetySpectrum;
(iii) that result from any actions or inactions of you or any third party;
(iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control);
(v) that result from failures of individual instances not attributable to Unavailability; or
(vi) arising from our suspension and termination of your right to use OpCon Technologies SafetySpectrum in accordance with the SafetySpectrum Agreement. If availability is impacted by factors other than those explicitly listed in this agreement, we may issue a Service Credit considering such factors in our sole discretion.