SERVICE LEVEL AGREEMENT
(a) Invensys provides this Service Level Agreement (SLA) to the terms and conditions below, which will be fixed for the duration of the initial term of the Service subscription.
(b) If a Service subscription is not renewed consecutively, the version of this SLA that is current at the time the renewal term commences will apply through the renewal term.
1. Monthly Service Level
Monthly Service Level is defined as 99.9%.
The Monthly Uptime Percentage is calculated for a given calendar month using the following formula:
Monthly Uptime Percentage = Total number of minutes in a given calendar month – Total number of minutes of Downtime in a given calendar month over Total number of minutes in a given calendar month
2. Service Credits
Should the Service Level fall below 99.9% for a given month, Invensys will provide a Service Credit as noted in the charge below:
|Monthly Uptime Percentage||Service Credit*|
* Service Credit will be issued against the applicable month’s Subscription Fee paid by Customer for the Service.
2.1. A Service Credit is Customer’s sole and exclusive remedy for any violation of this SLA.
2.2. A Service Credit awarded in any calendar month shall not, under any circumstance, exceed Customer’s monthly Subscription Fee.
3.1. In order to make a Claim, Customers must be in compliance with policies for acceptable use of the Service found in the Agreement.
3.2. Customer must submit a claim by e-mail to Invensys.
3.3. Customer must provide all reasonable details regarding the Claim, including but not limited to, detailed description of the Incident, the duration of the Incident, the number of affected users and the locations of such users and any attempts made by Customer to resolve the Incident.
3.4. Customer must provide sufficient evidence to support the Claim, by the end of the month following the month in which the Incident which is the subject of the Claim occurs (for example, Incident occurs on January 15th, Customer provides Notice on January 20th, Customer must provide sufficient evidence to support the Claim by February 28th).
3.5. Invensys will use all information reasonably available to it to validate Claims and make a good faith judgment on whether the SLA and Service Levels apply to the Claim.
3.6. Invensys will use commercially reasonable efforts to process Claims within 5 business days.
4.1. Downtime does not include the period of time when the Service is not available as a result of Scheduled Downtime; or scheduled upgrades for which the customer has received written prior notification.
4.2. Downtime does not include:
- Due to factors outside Invensys’s reasonable control;
- Loss of access due to poor or loss of internet connectivity from the customer’s side;
- That resulted from Customer’s or third party hardware, software or services;
- That resulted from actions or inactions of Customer or third parties;
- That resulted from actions or inactions by Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to Invensys network by means of Customer’s passwords or equipment.
- That was caused by Customer’s use of the Service after Invensys advised Customer to modify its use of the Service, if Customer did not modify its use as advised;
Intermittent periods of Downtime that are ten minutes or less in duration.
5. Customer Support
It is mutually agreed that any location that uses the cloud version of Wheels Car Rental has access to:
- Telephone support Monday – Friday 09:00 – 17:30 GMT+2
- Emergency telephone support for connectivity issues outside working hours
- E-mail support
- Access to additional training scheduled and priced according to our agreement
- On-site training available on demand
- Access to new system features as they become available.
6. Bug Resolution
All bugs have absolute priority over feature requests. If the bug is deemed as not mission critical, it may be fixed in the next update and not immediately. This does not affect issues where regular business cannot continue “show-stoppers”.