Service Level Agreement
Select the date you entered into your contract with Awardco below
July 24, 2023-Current
SERVICE LEVEL AGREEMENT
This Service Level Agreement (this “SLA”) sets out the service level terms and conditions for the Subscription Services provided under the Software as a Service Agreement (the “SSA”) between Awardco and the Customer. All capitalized terms used but not defined in this SLA have the meanings given to them in the SSA.
1. UPTIME AVAILABILITY
Awardco will use commercially reasonable efforts to make the Subscription Services identified on the Customer’s applicable Order Form accessible and available for use by Authorized Users at least 99.5% of the time, measured on a calendar monthly basis (the “Availability Commitment”). The Availability Commitment does not apply to any downtime of the Subscription Services to the extent such downtime results from: (i) disengagement of functionality of the Subscription Services due to the Customer’s request; (ii) slowness or other performance issues that do not materially impact the overall operation or functionality of the Subscription Services; (iii) suspension of Subscription Services by Awardco or at its direction as permitted under the Agreement; (iv) forces beyond Awardco’s reasonable control, such as external network or equipment problems, including without limitation internet or third-party service outages or outages with respect to the Customer’s or an Authorized User’s network or internet access; (v) defects caused by the Customer or one of its vendors or service providers; (vi) any modification or alteration of the Subscription Services by anyone other than Awardco; (vii) emergency maintenance performed by Awardco or on Awardco’s behalf to fix critical functionality, vulnerabilities, or material defects that may substantially impair the usability or performance of the Subscription Services; or (viii) scheduled maintenance, provided that Awardco has provided the Customer with at least forty-eight (48) hours prior notice.
2. SLA CREDITS
Uptime for the Subscription Services can be monitored 24/7 at status.awardco.com. If Awardco fails to achieve the Availability Commitment in a given calendar month during the Term, and if the Customer meets its obligations below, the Customer will be eligible to receive a credit based on the pro-rata subscription fees for the month in which the Availability Commitment was not met, as provided in the following table.
To receive a credit, the Customer must submit a claim for such credit within seven (7) days following the end of the month in which the Customer believes the Availability Commitment was not met by contacting Awardco at support@awardco.com with a reasonable description of the downtime and the approximate duration of the downtime. Awardco will investigate the Customer’s claim for a credit and notify the Customer within thirty (30) days of the request of the resolution of such claim. If the claim is approved, Awardco will issue a credit to the Customer’s account, calculated as set out in this SLA, which credit will be applied to the subscription fees on Awardco’s future invoices (if any) to the Customer. If the claim is rejected, the notification will specify the basis for rejection. If the Customer has a reasonable and good faith basis for disagreeing with a rejection of a credit, the Customer may notify Awardco, and the Customer and Awardco will diligently pursue an expedited resolution of such dispute. Credits under this SLA cannot be exchanged for cash, are not cumulative (i.e., a credit in one row is not added to a credit in another row), and will expire in their entirety upon termination of the SSA. The remedies set out in this SLA are the Customer’s sole and exclusive remedies and Awardco’s sole and exclusive obligations for Awardco’s failure to meet the Availability Commitment.
