Service Level Agreement for TaBlitz Software
Throughout this agreement the following terms shall have the following meanings:
“Monthly Uptime” means the total minutes during Business Hours on Business Days in the month minus the minutes of Downtime suffered during such month; provided Downtime of less than fifteen (15) minutes does not count for such purposes, in the aggregate or otherwise.
“Downtime” means any period during Business Hours on Business Days in which Customer cannot log into the System, other than because of errors of Customer or its agents or failures of software or equipment operated by Customer or under its control. Notwithstanding the foregoing, Downtime does not include: (a) Scheduled Maintenance; or (b) failures due to Force Majeure (as defined in Section 12.03, Force Majeure). Downtime begins when Customer submits a Trouble Ticket.
“Trouble Ticket” means a written trouble ticket properly submitted through Provider’s customer portal.
This Service Level Agreement (this “SLA”) is incorporated into the TaBlitz Software as a Service Terms of Service Agreement between Provider and Customer (the “Agreement”). Terms defined in the Agreement have the same meanings when used in this SLA. Further, as used in this SLA, calendar months and other timeframes are in the Central United States time zone, and business days and business hours refer to the period from 8:00 a.m. to 6:00 p.m. on any day except Saturday, Sunday, or any federal legal holiday in the United States (“Business Hours” and “Business Days” respectively).
Definitions
(Additional defined terms appear above and in the Agreement.)
Service Level
Provider shall make all commercially reasonable efforts to ensure that the SaaS is operational and available to Customers with Monthly Uptime meeting or exceeding ninety-five percent (95%).
Provider may revise this SLA by posting a new version on this website and providing written notice to Customer. However, during the then-current Term, Customer may reject any such revision that, on balance, materially reduces Customer’s rights, provided Customer provides written notice of such rejection, disclosing the material reduction in detail, within thirty (30) days of Provider’s notice of the revision.