LOGISTYX SOLUTION AVAILABILITY SERVICE LEVEL SCHEDULE
This Logistyx Solution Availability Service Level Schedule describes the terms and conditions under which Logistyx Technologies (“Logistyx”) will provide availability of Logistyx Software to a customer who has entered into an agreement for a Software Subscription or Hosting Services (referred to as the “Logistyx Solution”) of licensed Logistyx Software on or after 1 June 2019.
AVAILABILITY SERVICE LEVEL AND SLA CREDITS
Availability Service Level:
Logistyx will use commercially reasonable efforts to ensure that the Monthly Uptime Percentage will be 99.95%.
Monthly Uptime Percentage will be calculated as follows:
Monthly Uptime Percentage:
(Minutes in the Month – Unavailability) / Minutes in the Month x 100
Minutes in the Month:
Total number of minutes during a billing month less Excluded Minutes.
Unavailability:
Total accumulated minutes where the Logistyx Solution was not available less Excluded Minutes.
Excluded Minutes:
The periods during which the Logistyx Solution is not available for the following reasons:(i) due to factors outside Logistyx’s reasonable control; (ii) issues that resulted from the use of hardware not provided by Logistyx as part of the Logistyx Solution; (iii) issues that resulted from actions or inactions of Customer or third parties; (iv) issues caused by Customer’s use of the Logistyx Solution after Logistyx advised Customer to modify its use of the Logistyx Solution, if Customer did not modify its use as advised; Logistyx Service Level Availability Schedule v06/2019 (v) issues attributable to the acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone other than Logistyx gaining access to the Logistyx Solution by means of Customer’s passwords or equipment; (vi) during beta and trial use of the Logistyx Solution (as determined by Logistyx); (vii) during Logistyx scheduled system upgrades, enhancements and routine maintenance activities which are announced to Customer via email or otherwise with advance notice or for maintenance determined by Logistyx to be an emergency upon notice provided to Customer; or (viii) suspension of Customer access to the Logistyx Solution by Logistyx as permitted in the parties’ agreement.
Claim:
A claim submitted by Customer to Logistyx pursuant to this Logistyx Solution Availability Service Level Schedule that the Availability Service Level has not been met and that a Service Credit may be due to Customer.
Incident:
Any set of circumstances potentially resulting in a failure to meet the Availability Service Level.
Service Credit Claims:
In order to be eligible to submit a Claim with respect to any Incident, the Customer must first have notified Customer Support of the Incident, within three (3) business days following the Incident. To submit a Claim, Customer must contact Customer Support and provide notice of its intention to submit a Claim. Customer must provide to Customer Support all reasonable details regarding the Claim, including but not limited to, detailed descriptions of the Incident(s), the duration of the Incidents, the names of affected databases, failed operations, and any attempts made by Customer to resolve the Incident. In order for Logistyx to consider a Claim, Customer must submit the Claim to Customer Support, including sufficient evidence to support the Claim, within fifteen (15) days after the end of the month in which the Incident(s) which is the subject of the Claim occurs. Logistyx will use all information reasonably available to it to validate Claims and make a good faith judgment on the Claim.
Logistyx Customer Support:
Incidents and Claims must be reported to Logistyx Customer Support via one of the following:Telephone: Toll Free +877 755 2374 option 12Email: support@logistyx.comSelf Service Portal: https://na.myconnectwise.net/logistyx
Service Credit:
The percentage of the monthly service fees for the Logistyx Solution that is credited to the Customer for a validated Claim, based on the following Monthly Uptime Percentage:Monthly Uptime Percentage < 99.9% – 10% Service CreditMonthly Uptime Percentage < 99.0% – 25% Service Credit
Ineligibility for Service Credit:
If Customer is not current on payment of fees at the time of the notification of the Claim, Customer does not qualify for a Service Credit for such Claim.
Use of Service Credits:
Service Credits may be used solely to offset future payments due and shall not, under any circumstance, exceed Customer’s fees for the applicable Logistyx Solution. Service Credits may not be sold or transferred to other parties. Service Credits may not be used until any breach of the Agreement is resolved to Logistyx’s reasonable satisfaction. Service Credits shall expire on the termination or expiration of the underlying agreement related to the Logistyx Solution. Service Credits are Customer’s sole and exclusive remedy for any violation of this Availability Service Level Schedule.
Usage Restrictions:
Customer agrees to use commercially reasonable efforts to prevent unauthorized access to or use of the Logistyx Solution, and to notify Logistyx promptly of any such unauthorized access or use. Customer agrees to use the Logistyx Solution only in accordance with this Schedule, the Agreement, and applicable laws and government regulations.
