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SLA

Service Level Agreement

Welcome to the Service Level Agreement

Last updated: January 16, 2024

1. Introduction

This Service Level Agreement (SLA) is part of the Software as a Service Agreement between the Customer and Softruck.

2. Definitions

As used in this SLA, the following terms shall have the specified meanings.

• Business day:

08:00 AM to 06:00 PM, local time of the contracting entity of Softruck, excluding Saturday, Sunday, or holidays.

• Degraded performance:

A lower quality of service, as described in this SLA (for example, temporarily interrupted or temporarily unavailable functionality).

• Downtime:

The period during which the Product is completely unavailable to the Customer, including maintenance occurring outside of maintenance hours, for which notice of less than 24 hours has been provided to affected customers. However, downtime shall not include:

  1. Scheduled Maintenance;
  2. Degraded performance;
  3. Factors beyond Softruck's control, including any force majeure events;
  4. Internet failures;
  5. Acts or omissions of the Customer and its Users; and
  6. Application of state or governmental regulations.

• Knowledge Base:

Softruck's help portal, located at help.softruck.com, which publishes information on how to perform tasks in the Product and answers frequently asked questions.

• Maintenance window:

Monday to Friday, from 8:00 PM to 11:59 PM GMT - 3, throughout Saturday and Sunday from 8:00 AM to 11:59 PM GMT -3.

• Resolution time:

The time elapsed from Response Time until the alert is resolved.

• Response time:

Measures the elapsed time between receiving an alert and the start of work on the issue.

• Scheduled:

Planned maintenance interruptions, suspending the service in whole or in part, which Softruck will strive to announce with at least 5 days' notice and, in any case, no later than 24 hours before, which will not exceed a reasonable period of time for necessary maintenance and, when possible, will occur during the maintenance window.

• Effective date of the SLA:

The Project Start Date stated in the Contract or applicable Statement of Work and the date this SLA comes into effect.

• Ticket:

An electronic request sent to Softruck by the Customer (for example, requesting a solution to an incident).

• Uptime:

As calculated according to this SLA.

3. Scope of the Service Level Agreement Contract

This SLA applies only to the Product and Professional Services described in the Contract or applicable Statement of Work. This SLA does not apply to any software, equipment, services, or other parts of an information technology system that are not acquired or managed by Softruck.

4. Availability

Softruck guarantees 99.5% uptime per month, 24 hours a day, 7 days a week ("Agreed Service Hours"). Uptime is measured based on the monthly availability average, rounded to the nearest minute, and calculated as follows:

Availability = (Agreed Service Hours - downtime hours) / Agreed Service Hours ### • 100%

5. Response Time and Resolution Time

The Response Time and Resolution Time will depend on the priority of the affected item(s) and the severity of the alert, as outlined in the following schedules:

Priority AlertSeverity LevelResponse TimeSeverity Time
Type AHighly critical alert. The product is unavailable for use or a significant portion of the contracted functionalities is unavailable.Within 1hWithin 4hrs, including the response time of Type A alert
Type BCritical alert. One or more elements critical to the Customer's business operations have completely stopped responding or are extremely slow.Within 24hWithin 24hrs, exclusive of the Type B priority alert response time
Type CNon-critical alert. One or more elements of the Product have completely stopped responding or are responding slowly, and an alternative solution is available.Within 48hWithin 72hrs, exclusive of the Type C priority alert response time
Type DNotification of a minor problem that does not materially prevent the Customer from using the Product.Within 48hBest effort

6. Software Improvements

Softruck will provide the Customer with new versions, releases, and updates of the Product to address defects and/or errors, keep the Product up-to-date with market developments, or enhance (the operation or functionality) of the Product. These improvements may include bug fixes. Softruck only supports the latest version of the product.

7. SLA Updates

This SLA may be updated at Softruck's discretion but only after thirty (30) days' prior notice, after which it will take effect (Effective date of the SLA).

If the Customer objects to these changes, the Customer's sole recourse will be to terminate the Contract. Continued use of the Product after the Effective Date of the SLA for any update will indicate the Customer's acknowledgment of such update.