SLA Version 1.0
SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) may be incorporated by reference into a Software as a Service Agreement (the “SSA”) between Awardco, Inc. (“Awardco”) and a customer of Awardco (“Customer”). All capitalized terms contained but not defined in this SLA have the meaning given to them in the SSA.
1. CUSTOMER SUPPORT
1.1 Authorized Users. Awardco will support Authorized Users 24 hours per day Monday through Friday (excluding U.S. holidays) via telephone at (800) 320-0893 and 24x7 (excluding U.S. holidays) via email at support@awardco.com and live chat accessible upon logging in at www.awardco.com.
1.2 Administrators. Awardco will support Customer’s designated account administrator(s) from 8:00 AM to 5:00 PM Mountain Time Monday through Friday (excluding U.S. holidays) via telephone at (800) 320-0893 or via the direct phone number and/or email address for the administrative support team at Awardco, whose contact details will be provided to Customer during the Implementation Services.
2. UPTIME AVAILABILITY
The Awardco Services will be Available 99.5% of the time, measured on a calendar monthly basis (the “Availability Commitment”). As used in this SLA, the term “Available” means that the Awardco Services identified on Customer’s Order Form(s) are accessible and available for use by Authorized Users. The Availability Commitment does not apply to any downtime of the Awardco Services to the extent such downtime results from: (i) disengagement of functionality of the Awardco Services due to Customer’s request; (ii) slowness or other performance issues with individual features that are not a material component of the Awardco Services or otherwise material to Customer’s use of the Awardco Services, and do not impact the overall operation or functionality of the Awardco Services; (iii) suspension of Awardco 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 Customer’s or an Authorized User’s network or internet access; (v) defects caused by Customer or one of its vendors or service providers; (vi) any modification or alteration of the Awardco 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 Awardco Services; or (viii) scheduled maintenance, provided that Awardco has provided Customer with at least forty-eight (48) hours prior notice of such scheduled maintenance.
3. SLA CREDITS
Uptime for the Awardco Services can be monitored 24x7 at status.awardco.com. If Awardco fails to achieve the above Availability Commitment for the Awardco Services in a given month during the Term, and if Customer meets its obligations below, Customer will be eligible to receive a monthly pro-rated amount of the annual subscription fees (excluding any fees for professional services) under the applicable Order Form, as provided in the table below.
To receive a credit, Customer must submit a claim for such credit within seven (7) days following the end of the month in which 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 Customer’s claim for a credit and notify 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 Customer’s account calculated as set forth in this SLA, which credit will be applied to Awardco’s future invoices (if any) to Customer. If the claim is rejected, the notification will specify the basis for rejection. If Customer has a reasonable and good faith basis for disagreeing with a rejection of a credit, Customer may appeal the rejection to Awardco. Customer and Awardco will diligently pursue an expedited resolution of such dispute. Awardco will continue to provide the Awardco Services to Customer during such time. Credits under this SLA cannot be exchanged for cash. The credit amounts in the table above are not cumulative (i.e., a credit in one row is not added to a credit in another row). The remedies set forth 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.
