SOFTwarfare Service Level Agreement
EFFECTIVE AS OF September 23, 2020
SOFTwarfare® SLA During the term of your SOFTwarfare license (the "Agreement", the SOFTwarfare web admin interface and web services will be operational and available to Customer at least 99.9% of the time in any calendar month (the "SOFTwarfare SLA"). If SOFTwarfare does not meet the SOFTwarfare® SLA, and if Customer meets its obligations under this SOFTwarfare SLA, Customer will be eligible to receive the Service Credits described below. This SOFTwarfare SLA states Customer's sole and exclusive remedy for any failure by SOFTwarfare to meet the SOFTwarfare SLA.
Definitions The following definitions shall apply to the SOFTwarfare SLA.
"Downtime" means when there is more than a five percent user error rate across all of a Customer’s Users. Downtime is measured based on server side error rate.
"Service" means the SOFTwarfare multifactor authentication service.
"Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
"Service Credit" means the number of days of Service to be added to the end of the Service term, at no charge to Customer calculated as follows:
< 99.95% - ≤ 99.9%
< 99.9% - ≤ 99.0%
< 99.0% - ≤ 95.0%
Customer Must Request Service Credit In order to receive any of the Service Credits described above, Customer must notify SOFTwarfare within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer's right to receive a Service Credit.
Maximum Service Credit The aggregate maximum number of Service Credits to be issued by SOFTwarfare to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen days of Service (or the value of 15 days of Service in the form of a monetary credit to a monthly-billing Customer’s account). Service Credits may not be exchanged for, or converted to, monetary amounts.
SOFTwarfare SLA Exclusions The SOFTwarfare SLA does not apply to any services that expressly exclude this SOFTwarfare SLA (as stated in the documentation for such services) or any performance issues: (i) caused by "Force Majeure" or (ii) that resulted from one or more of Customer’s equipment or third party equipment not within the primary control of SOFTwarfare.
SOFTwarfare reserves the right to modify this Service Level Agreement at any time by updating the terms on this site.