Agreement - Software & Licence - Fleet & Asset Management Software - CCG Systems Inc. dba FASTER Asset Solutions

Home Browse Search

5.2 Remedies: Subject to the exceptions provided for in this SLA, Customer will have the rights set forth below. 5.2.1 If the total Availability (as calculated in Section 5.1 above) for a given month is (a) below the Service Level Commitment and greater than or equal to 99.5%, Customer will receive three (3) Service Credits; (b) below 99.5% and greater than or equal to 99.0%, Customer will receive ten (10) Service Credits; and (c) below 99.0%, Customer will receive fifteen (15) Service Credits. Notwithstanding the foregoing and in lieu of the preceding Service Credits, any continuous outage of more than twenty-four (24) hours shall automatically result in a total of one month's value of Service Credits. If Service Level Commitment is not met for a second time in a thirty (30)-day period, then Customer shall be entitled to receive at Customer's election, either (i) another month's value of Service Credits, or (ii) the right to terminate this Hosting & Hosting Service Level Agreement. 5.2.2 For purposes of this SLA, a Service Credit will be deemed to be an amount equal 1/301h of the monthly fee for the hosting to the affected customers of the Services (herein referred to as "Service Credit"). Service Credits will be recognized for billing purposes in the month following the month giving rise to such Service Credits. All service credits will be calculated assuming a 30-day month. Except as provided above in Section 3(a) of this SLA, Customer's right to receive service credit(s) will be Customer's exclusive remedy for FASTER's failure to satisfy the Service Level Commitment. 5.2.3 Remedies will not accrue (i.e., no Service Credits will be issued and an outage will not be considered unavailability for purposes of this SLA) if Customer is in breach of its payment obligations either when the outage occurs or when the credit would otherwise be issued. 5.3 Term and Termination. Hosting shall have a term of one year, and the term shall commence upon allocation of hardware in the datacenter, which will occur in the early stages of the implementation. After twelve months from commencement, these hosting services will automatically renew in one-year increments unless cancelled by either party, provided a written notice of cancellation is received by the other party sixty (60) days in advance of anniversary date of commencement.. The Customer shall have the right to terminate this SLA for non - appropriation of funds without incurring any additional costs or fees. 5.4. Performance: Customer understands that performance of the FASTER system is dependent on multiple factors. For example, Customer approved users can only access the system with a PC that meets the minimum client specifications provided by FASTER. Customer may need to request its IT Department increase bandwidth and/or improve network connections in order to improve performance. Also, Customer understands that system performance is affected by variables that FASTER cannot fully control, such as user habits, number of simultaneous users and database size. 6. Capitalized Terms. Capitalized terms used in this SLA shall have the meanings set forth in the General Agreement unless otherwise stated herein. 7. Execution of A reeme t. Upon the parties' execution of the General Agreement, this schedule shall be effective as of the Effective Date described therein.