Station 70, Inc.
This Service Level Agreement (the “SLA”) sets forth the policies and procedures with respect to the Solution provided by Station 70 to Customer pursuant to the Agreement and a separate Order Form between Customer and Station70 or a Partner, as applicable. Capitalized terms not defined in this SLA will have the meaning set forth in the End User License Agreement.
Summary:
As further described below, Station70 will use commercially reasonable efforts to: (i) provide Customer with 99.9% availability to the Solution (the “Solution Availability”); and (ii) provide standard support to Customer.
Availability:
If the Solution becomes substantially unavailable to Customer due to defects with the Solution, Station70 will respond to Customer (i) within eight (8) hours from Customer’s notification to Station70 of such unavailability, if during normal business hours (Monday-Friday, 9:00am – 5:00pm Eastern Standard Time), or (ii) within eight (8) hours of the start of the next business day, if outside of normal business hours. The Solution Availability will be measured on a monthly basis, with all hours weighted equally, but the Solution Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime or performance issues resulting from third party connections, services or utilities or other reason beyond Station70’s control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Station70 employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Station70’s possession or reasonable control, and denial of service attacks). If the Solution is unavailable to Customer due to defects with the Solution beyond the Solution Availability metric, then, as Customer’s sole and exclusive remedy (and Station70’s sole liability), Station70 will provide Customer a credit for the subsequent Solution billing cycle as follows:
Availability = Credit:
97% – 99.8% = 5%
95% - 97% = 10%
< 95% = 20%
In order to receive downtime credit, Customer must notify Station70 support within seventy-two (72) hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. All credits provided hereunder are nonrefundable. If Customer elects not to renew the Agreement, such that the above credit cannot be applied, Customer will have the option to receive up to one free month of Solution as its sole remedy in lieu of such credit.
Support:
Station70 will provide support to customer for defects with the Solution in accordance with the Solution Plan selected by Customer. Any other support services are outside of the scope of this policy and must be separately agreed in writing by Customer and Station70. Customer may designate up to three (3) support contacts (“Designated Support Contacts”), and all support requests must come through the Designated Support Contacts. Customer may update the Designated Support Contacts by providing notice to Station70.