This Service Level Agreement (SLA) for the Subscription Services sets forth the Service Availability Commitment and Support Obligations for the Subscription Services to which Customer has subscribed in a Service Order Form with Bsquare.
“Downtime” means the total number of minutes in the calendar month that the Subscription Services are not available except for Excluded Downtime.
“Excluded Downtime” means the total number of minutes in the calendar month attributed to:
(i) scheduled maintenance window
(ii) emergency maintenance where the customer may receive little to no notice if Bsquare reasonably determines that a failure to act immediately would lead to significant harm to either Bsquare or Customer.
(iii) overall Internet congestion, slowdown, or unavailability
(iv) actions or inactions of Customer or third-parties beyond the control of Bsquare
(v) a result of Customer equipment or third-party hardware computer hardware, software, or network infrastructure not within the sole control of Bsqaure
(vi) force majeure events which cause a delay or failure to perform beyond a party‘s reasonable control, which such party is unable to overcome by exercise of reasonable diligence, including acts of God, war, terrorism, strikes, failures of suppliers, fires, floods or earthquakes
“Monthly Uptime Percentage” means the total number of minutes in the calendar month minus the number of minutes of Downtime, divided by the total number of minutes in the calendar month.
3. Service Availability Commitment.
Bsquare shall use all reasonable commercial efforts to ensure that the Subscription Services meet a Monthly Uptime Percentage of 99.5% in any calendar month commencing at Bsquare’s activation of the Subscription Services.
Bsquare’s SLA shall apply to Customer as long as simultaneously (i) Customer is current on its payment obligations, and (ii) Customer’s platform usage volume remains under Contract Volume. However, BSquare will make commercially reasonable efforts to maintain SLA requirements within Customer’s existing provisioning in all circumstances.
4. Service Availability Credits.
In case of Bsquare’s failure to meet the Service Availability Commitment, Customer may claim a Service Availability Credit based the Customer’s monthly subscription fee for the month in which the credit is claimed. The credit amount is based on the Monthly Uptime Percentage as defined in the table below. Claims under this Service Level Agreement must be made in good faith and by submitting a support case within fifteen (15) business days from the time Customer becomes eligible to receive a Service Availability Credit. The Customer may apply any Service Availability Credits to a future invoice of the Subscription Services.
|Monthly Uptime %||Credit|
|>=95.0% but <99.5%||10%|
|>=90.0% but <95.0%||20%|
5. Support Obligations.
a. Bsquare will make commercially reasonable efforts to provide the level of support to Customer specified in the table below (“Support Response Times”) based on the priority level assigned to the support request.
b. Support Response Times are during business hours, 8AM Eastern time to 5PM Pacific time Monday through Friday, excluding holidays.
c. Outside of the scope of these Support Obligations, Bsquare may have services for assistance in implementation, education on new functionality, or training.