Traffic LIVE Service level agreement
Premium Support Clients
Effective Date: 1 January 2011
This Sohnar Service Level Agreement (“SLA”) is a policy governing the
use of the Traffic LIVE system or other online, Air / Web-based
applications and platform provided by Us via http://www.sohnar.co.uk
and/or other designated websites under the terms of the Subscription
Agreement. We reserve the right to change the terms of this SLA in
accordance with the Subscription Agreement.
Definitions
“Monthly Uptime Percentage” is calculated by subtracting from 100% the
percentage of 15 minute periods (excluding the first 15 minutes of any
unavailability) during the Service Period in which the Service was in the state of
“Unavailable”. If you have been using the Services for less than 30 days, your
Service Period is the preceding 30 days but any days prior to your use of the
service will be deemed to have had 100% Availability. Any downtime occurring
prior to a successful Service Credit claim cannot be used for future claims.
Monthly Uptime Percentage measurements exclude downtime resulting directly
or indirectly from any Services SLA Exclusion (defined below).
“Unavailable” means the inability of a user of the Services to access the
Service, provided that your account is active, in good standing and enabled.
“Service Credit” is a British Pound credit, calculated as set forth below, that we
may credit back to an eligible The Services account
Other terms are as defined in the Subscription Agreement.
Subscribing to Premium Support
If you have subscribed to Our Premium Support We will make an SLA
commitment to you. If you have not subscribed to Premium Support our
services will provided using commercially reasonable efforts in accordance with
clause 4.1 of the Subscription Agreement with no explicit SLA or provision of
service credits.
Applicability
We will only provide an SLA on a Service that is in production, and not
determined to be in Test, Alfa, Beta, subject to customisation / modification or
similar.
Availability Commitment
We will use commercially reasonable efforts to make the Services available with
a monthly Uptime Percentage (defined below) of at least 99.9% during each
Service Calendar Month. In the event the Service does not meet the Monthly
Uptime Percentage commitment, you will be eligible to receive a Service Credit
as described below.
Service Credits
If the Monthly Uptime Percentage for the Service drops below the following
thresholds for the Service Month, You are eligible to receive a Service Credit of
Your monthly User Subscription Fee (excluding one-time payments made for
consultancy or additional services) for the Service Month as follows :-
| Availability Less Than | Service Credit |
| 99.9% | 10% |
| 99.5% | 20% |
We will apply any Service Credits only against future User Subscription
payments otherwise due from you. Service Credits shall not entitle You to any
refund or other payment from Us. Service Credits may not be transferred or
applied to any other account.
Unless otherwise provided in the Subscription Agreement, your sole and
exclusive remedy for any unavailability or non-performance of the Services or
other failure by us to provide the Services is the receipt of a Service Credit (if
eligible) in accordance with the terms of this SLA or termination of the Servcies
in accordance with the clause 12 of the Subscription Agreement.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a request by sending an e-mail
message to servicecredits@sohnar.com. To be eligible, the credit request must
(i) include your company name in the subject of the e-mail message; (ii) include,
in the body of the e-mail, the dates and times of each incident of “Unavailable”
that you claim to have experienced; and (iii) be received by us within thirty (30)
business days of the end of the Service Month. If the Annual Uptime Percentage
of such request is confirmed by us and is less than 99.9% for the Service
Period, then we will issue the Service Credit to you within one billing cycle
following the month in which the request occurred. Your failure to provide the
request and other information as required above will disqualify you from
receiving a Service Credit.
Exclusions
The Service Commitment does not apply to any unavailability, suspension or
termination of the Services or any other performance issues: (i) that result from
a Service Interruption described in Clause 4.1 of the Subscription Agreement;
(ii) caused by factors outside of our reasonable control, including any force
majeure event or Internet access or related problems beyond the demarcation
point of The Services; (iii) that result from any actions or inactions of you or any
third party; (iv) that result from your equipment, software or other technology
and/or third party equipment, software or other technology (other than third party
equipment within our direct control); (v) that result from failures of individual
instances not attributable to Unavailability; or (vi) arising from our suspension
and termination of your right to use The Services in accordance with the
Subscription Agreement. (collectively, the “the Services SLA Exclusions”). If
availability is impacted by factors other than those explicitly listed in this
agreement, we may issue a Service Credit considering such factors in our sole
discretion.
Disaster Recovery
In case of a disaster at the data centre serving our Services we will revert to a
backup system using all reasonable endeavours to restore service as soon as
possible. Our decision to invoke disaster recovery is deemed an exclusion for
the purposes of this SLA.
Technical Support
We will provide your authorised account contacts with technical support on
setting up and configuring your account, access to the Services, and other
issues related to the Services.. Only your authorised account contacts may
request information, changes or technical support.
We allocate a severity status to all issues raised and aim to commence working
on the issue within the timescales given below. The actual response time will
depend on the complexity of the issue and support request volumes at that time.
Critical issues: The Service is “Software as a Service”. Issues impacting
availability of service or performance will impact all users simultaneously. Our
service status will be displayed on our web site. We will deploy engineers to
rectify problems as soon as reasonably practical after they arise. We are unable
to enter into individual client communication on system wide issues but will
publish updates on a continuous basis until the issues is resolved.
Serious Issues: The Service is providing information which is inaccurate to the
extent that it is materially misleading. We will communicate with you and seek to
validate the issue within 4 working hours. If deemed material we will pass to
developers to investigate resolution of the problem. We will give You an
estimate of when the issues maybe corrected taking into account the possible
need to take the platform off-line to effect the change.
Minor Issues: The Service is materially performing as expected with errors or
omissions deemed immaterial in normal use. We will communicate with you and
seek to validate the issue within 12 working hours. We will confirm to you in
which release the fault will be resolved.
How Do I: The Service is intended to be used following training and ongoing
review of the system help files. We will provide How Do I assistance on a fair
use basis. This is not a substitute for training.
Support is available through our website at http://support.sohnar.com
Telephone Support available Monday – Friday from 9am – 5:30pm excluding UK
public holidays.