RemoteLock Service Level Agreement
Last updated on April 20, 2022.
This RemoteLock Service Level Agreement (“SLA”) governs the use of RemoteLock hosted services as licensed by a Customer for a fee from RemoteLock pursuant to one or more agreements (collectively, the “Agreements”) that expressly incorporate the terms set forth herein. Unless otherwise provided herein, capitalized terms will have the meaning specified in the Agreements. For purposes of this SLA, uptime commitments, including any service credits due, shall apply independently to each Agreement between the Customer and RemoteLock.
The following capitalized terms shall be given the meaning set forth below:
“Monthly Uptime Percentage” is the percentage calculated by subtracting from 100% the percentage of Unavailable Time during the applicable month.
“Service Credit” is a credit, determined as set forth below, that may be applied by Customer against unpaid fees for future services. Service credits shall not entitle Customer to any refund, shall not have any cash value and do not earn interest. Service Credits may only be used by Customer and may not be transferred to any other entity. Service Credits must be used within one (1) year of receipt.
“Unavailable Time” means time that the RemoteLock hosted service is not available for use or is available but critical business functions are not operable. Down time for scheduled maintenance is excluded from Unavailable Time. RemoteLock will use commercially reasonable efforts to provide Customer with advance notice of scheduled maintenance.
RemoteLock is committed to using commercially reasonable efforts to making the applicable RemoteLock hosted services available to Customer for at least the Monthly Uptime Goal as calculated each calendar month. The “Monthly Uptime Goal” for hosted services availability shall be 99% or greater.
Service Credit Determination
For a calendar month where the Monthly Uptime Percentage does not meet and/or exceed the Monthly Uptime Goal, as determined in RemoteLock’s sole discretion, RemoteLock will provide to Customer a Service Credit equal to 10% of the applicable monthly subscription fees for the appplicable hosted services.
Credit Request Procedures
To apply for a Service Credit, Customer must submit a request within 10 days after the end of the applicable month via email to firstname.lastname@example.org. Otherwise, Customer shall not be entitled to any Service Credit. The request must include (i) “SLA Claim” as the subject of the email; (ii) the dates and times of the Unavailable Time for which Customer is requesting credit, and (iii) any applicable information that documents the claimed outage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of hosted services, or any other performance issues to the extent that they (i) are caused by factors outside of RemoteLock’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of RemoteLock’s control (i.e., beyond the point in the network where RemoteLock maintains access and control over the hosted services); (ii) result from any actions or inactions of Customer or any third party; (iii) arise from RemoteLock ’s suspension and termination of Customer’s right to use the hosted services in accordance with the Agreements; or (iv) are problems or issues solely related to alpha or beta features or products that are provided to Customer on a trial and/or early access basis (collectively, the “Exclusions”).
Service Credits shall be Customer’s sole and exclusive remedy and RemoteLock’s entire liability under the Agreements for RemoteLock’s failure to meet the Monthly Uptime Goal.