Service Level Agreement

Service Level Agreement

Version: P20221102

This Service Level Agreement (“SLA”) between Inspectivity and Subscriber governs the use of the Services under the provisions of the Agreement.

Unless otherwise provided herein, this SLA is subject to the provisions of the Agreement.

Uptime

Inspectivity will use commercially reasonable efforts to make Subscriber’s Inspectivity Platform instances available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if Inspectivity does not meet the Service Commitment, Subscriber will be eligible to receive a Service Credit.

Uptime:  >99.9%

 

Disaster Recovery

In the unlikely event requiring recovery from a nightly Vault Backup (“Disaster”), Inspectivity provides these objectives:

• Recovery Time Objective (RTO): 24 hours
• Recovery Point Objective (RPO): 24 hours
  

 

SLA Definitions

In addition to defined terms noted in Terms of Service, the following SLA definitions are applicable to the Service Level Agreement: 

“Disaster” means an incident which requires a restoration of data from a separated Vault Backup.

“Maintenance” means scheduled Unavailability of the Services, as announced by Inspectivity prior to Inspectivity Platform becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Inspectivity Platform instance was Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Recovery Point Objective (RPO)” is the maximum targeted period in which data (transactions) might be lost after a Disaster

“Recovery Time Objective (RTO)” is the targeted duration of time within which the Inspectivity Platform must be restored after a Disaster.

“Service Credit” means a credit denominated in Australian dollars, calculated as set forth below, that Inspectivity may credit back to the Subscriber.

“SLA Exclusion” means as specified in Clause 7 “SLA Exclusions”.

“Unavailable” and “Unavailability” mean when an Inspectivity Platform instance is not running or not reachable due to Inspectivity’s fault. 

“Vault Backup” means a full nightly backup of the system into a separated, independently secured Amazon Web Services (AWS) account. Subject to Subscriber’s policies, this backup can be located in a separate geographical AWS region.

 

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges due on Subscriber’s Inspectivity monthly invoice for the impacted Inspectivity Platform instance, in accordance with the schedule below:

• For Monthly Uptime Percentage less than 99.9% but equal to or greater than 99.0%, Subscriber will be eligible for a Service Credit of 10% of the charges attributable to the affected Inspectivity Platform instance
• For Monthly Uptime Percentage less than 99.0%, Subscriber will be eligible for a Service Credit of 20% of the charges attributable to the affected Inspectivity Platform instance

Inspectivity will apply for any Service Credits only against future payments for the Services otherwise due from Subscriber. Service Credits will not entitle Subscriber to any refund or other payment from Inspectivity. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 AUD). Service Credits may not be transferred or applied to any other Subscriber account.

 

Sole Remedy

Unless otherwise provided in the Agreement, Subscriber’s sole and exclusive remedy for any unavailability, non-performance, or other failures by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

 

Credit Request and Payment Procedures

To receive a Service Credit, Subscriber must submit a claim by emailing support@inspectivity.com. To be eligible, the credit request must be received by Inspectivity within 30 days of the date of the incident and must include the dates and times of each Unavailability incident that Subscriber is claiming.

If the Monthly Uptime Percentage of such request is confirmed by Inspectivity and is less than the Service Commitment, then Inspectivity will issue the Service Credit to Subscriber on the next monthly invoice.

Failure to provide the request and other information as required above will disqualify Subscriber from receiving a Service Credit.

 

SLA Exclusions

The Uptime and Disaster Recovery commitments do not apply to any Unavailability:

• That results from a suspension or Remedial Action, as described in the Terms;
• Caused by factors outside of Inspectivity’s reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Inspectivity network;
• That results from any actions or inactions of Subscriber or any third party;
• That results from the equipment, software or other technology of Subscriber or any third party (other than third-party equipment within Inspectivity’s direct control); or
• That results from any Maintenance.

If availability is impacted by factors other than those used in Inspectivity’s Monthly Uptime Percentage calculation, then Inspectivity may issue a Service Credit considering such factors at our discretion.

The Uptime and Disaster Recovery commitments do not apply to Staging environments or free trials.

Inspectivity Pty Ltd