Service Level Agreement
1. Service Availability
2. Technical Support & Problem Resolution
Priority | Description | Response and Fix Time |
1 | The Software Service is not working, a significant function of the Software Service is not properly working or a significant number of users are unable to access or use some functionality. | Inkit will respond to and Inkit’s senior engineers will commence efforts to fix Priority 1 problems no later than one (1) hour after Customer’s report of such problem or Inkit’s detection of such problem, whichever is earlier. Inkit will use best and continuous efforts, twenty-four (24) hours per day, seven (7) days per week to provide an acceptable work-around for the Priority 1 problem, and will provide a permanent fix for the Priority 1 problem no later than thirty (30) days after Customer’s report of such problem or Inkit’s detection of such problem, whichever is earlier. |
2 | Functionality of the Software Service is impaired or some users are unable to access or use some functionality. | Inkit will respond to and Inkit’s senior engineers will commence efforts to fix Priority 2 problems no later than one (1) hour after Customer’s report of such problem or Inkit’s detection of such problem, whichever is earlier. Inkit will use reasonable and continuous efforts to fix Priority 2 problems during normal business hours, and if an acceptable work-around is provided, will provide a permanent fix of the Priority 2 problem no later than thirty (30) days after Customer’s report of such problem or Inkit’s detection of such problem, whichever is earlier. |
3 | Low impact to users of the Software Service. | Inkit will respond to Priority 3 problems within four (4) hours after Customer’s report of such problem or Inkit’s detection of such problem, whichever is earlier, during Customer’s regular business hours (or on the next business day, if the problem is reported outside of Customer’s regular business hours). Inkit will fix Priority 3 problems no later than thirty (30) days after Customer’s report of such problem or Inkit’s detection of such problem, whichever is earlier. |
3. Failure to Achieve Service Levels
If Service Levels falls below the Availability or Fix Times during any calendar month, Customer may elect to receive a credit from Inkit against fees and payments due for the months following any month in which Service Levels do not meet the Availability or Fix Times, as liquidated damages and not as a penalty, an amount equal to ten percent (10%) of the Platform Amount fees due to Inkit for that month. In order to receive credit, Customer must submit a claim by notifying Inkit support. To be eligible, the claim must be received during the subsequent month’s billing cycle after which the incident occured. The claim must include (i) dates and times of each problem (ii) the logs that document the errors and corroborate Customer’s claimed outage. If the claim is accepted by Inkit and is less than the Availability, then Inkit will issue a credit within thirty days following the month your claim is accepted. Customer’s failure to submit a claim and provide the preceding information will disqualify Customer from receiving a credit.
4. Contingencies
Inkit will, in accordance with industry best practice, maintain detailed and comprehensive contingency plans against events which could affect the ability of Inkit to provide support in accordance with this SLA, including, without limitation, loss of production, loss of systems, loss of equipment, industrial relations problems with Inkit’s or Inkit’s subcontractors’ personnel, failures in the supply chain, failure of carriers and the failure of Inkit’s or its vendors’ equipment, computer systems or business systems.
5. General
This SLA is subject to occasional revision, and if we make any substantial changes, we may notify Customer by sending them an e-mail to the last e-mail address Customer provided to us (if any), and/or by prominently posting notice of the changes on our website. Customer is responsible for providing us with their most current e-mail address. In the event that the last e-mail address that Customer has provided us is not valid, or for any reason is not capable of delivering to Customer the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this SLA will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to Customer (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users of the Inkit Technology. Continued use of the Inkit Technology following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.