Service Level Agreement
Summary
This Service Level Agreement (“SLA”) defines the minimum level of services offered by Netradyne to customers (“Customers”) who subscribe to Netradyne’s services (“Service”) under the terms of the Master Products and Services Agreement (“MSA”) and any applicable Quote (as defined in the MSA located at https://www.netradyne.com/msa. Unless otherwise provided herein or in the Quote, this SLA is subject to the terms of the MSA. The Services covered by the SLA are listed below.
Driver•i Services. Driver•i® cloud-based software platform service and customer portal for video-based analytics.
Prerequisites
This SLA only applies to active Customers in good standing with Netradyne. Customers who subscribe to Services are subject to this SLA unless another agreement pre-empts this SLA.
Credit
Netradyne shall use all reasonable commercial efforts to ensure that the Services are available to Customer, during the term of Customer’s agreement with Netradyne, at least 99% of the time, measured by calendar month. If it is not, Customer may be eligible to receive a credit for the Service (the “Credit”) of up to 25% of the monthly service fee for the month in which the Services were not available to Customer. Any unscheduled downtime will be tracked on a monthly basis. For example, if an unscheduled outage of Services occurs for 15 minutes, and no other outages have been tracked that month, then the monthly uptime is 99.997%. If another unscheduled outage of the same Service occurs for an additional 30 minutes in the same month (a total of 45 minutes for the month), then the monthly uptime will be 99.897%.
Customer shall be eligible for Credit as follows:
- If the monthly uptime is greater than 95% but less than 99%, then the Credit shall be 10% of the monthly service fee for the month in which the Services were not available to Customer.
- If the monthly uptime is less than 95%, then the Credit shall be 25% of the monthly service fee for the month in which the Services were not available to Customer.
Netradyne will apply any Credits only against future payments otherwise due from Customer. At Netradyne’s discretion, Netradyne may issue the Credit to the credit card used by Customer to pay for the billing cycle in which the error occurred. Credits will not entitle Customer to any refund or other payment from Netradyne. A Credit will be applicable and issued only if the Credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD) . Credits may not be transferred or applied to any other account. Unless otherwise agreed to by Netradyne in the Quote, Customer’s sole and exclusive remedy for any unavailability, non performance, or other failure by Netradyne to provide the Service is the receipt of a Credit (if eligible) in accordance with the terms of this SLA.
Request for credit
To receive a Credit, Customer must send a written request with the words “SLA Credit Request” in the subject line of the email to support@Netradyne.com within thirty (30) days of the Service outage. Customers failure to provide the request and other information as required above will disqualify Customer from receiving a Credit.
SLA exclusions
Customer shall not be entitled to a Credit, and the service commitment set forth in this SLA shall not apply, where the unscheduled downtime is caused by (i) factors outside of Netradyne’s reasonable control, including force majeure events or Internet access or related problems, (ii) actions or inactions of Customer or any third party, (iii) Customer equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Netradyne’s direct control); or (v) Netradyne’s suspension and/or termination of Customer’s right to use the Services in accordance with the MSA or the Quote. Customer shall not be eligible for Credit during an evaluation period.
Amendment
Netradyne reserves the right to change or amend this SLA in its discretion from time to time. This SLA shall be binding and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. It shall be Customer’s responsibility to periodically check www.Netradyne.com/SLA for changes and/or amendments. Customer acknowledges that Netradyne shall not be required to provide Customer with written notice of any such change(s) or amendments.
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