Aforza Service Level Agreement - Aforza
Aforza Service Level Agreement
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THIS AFORZA SERVICE LEVEL AGREEMENT (“SLA”) IS BY AND BETWEEN AFORZA LIMITED, WITH BUSINESS OFFICES LOCATED AT 3rd FLOOR, 1 ASHLEY ROAD, ALTRINCHAM, CHESHIRE, WA14 2DT, UNITED KINGDOM (“AFORZA”), AND YOU (THE “CUSTOMER”). THIS SLA SHALL BE EFFECTIVE FROM THE ACTIVATION DATE OF SERVICES PURCHASED BY CUSTOMER BY EXECUTING AN ORDER THAT DIRECTLY REFERENCES THIS SLA.
THIS SLA DOES NOT APPLY TO AFORZA SERVICES PURCHASED VIA AN ORDER FORM WHICH DOES NOT DIRECTLY REFERENCE THIS SLA OR THE WEBSITE ADDRESS: HTTPS://INFO.AFORZA.COM/SERVICE-LEVEL-AGREEMENT.
Capitalised terms used but not defined below shall have the meaning subscribed to them in the Aforza Online Subscription Agreement which can be reviewed and downloaded at https://info.aforza.com/standard-terms.
1.1 Availability: Aforza warrants the Services will generally be available 99.5% of the time, except as provided below. General availability will be calculated per calendar quarter, as follows:
[(total – non-excluded – excluded) *100] > 99.5%
total – excluded
Where:
- total means the total number of minutes for the quarter
- non-excluded means downtime that is not excluded
- excluded means the following:
- Any planned downtime of which Aforza gives 8 hours or more notice. Aforza will use commercially reasonable efforts to schedule all planned down time during non-peak usage times (i.e., the hours from 8am Saturday to 11pm Sunday GMT)
- Any period of unavailability lasting less than 5 minutes.
- Any unavailability caused by circumstances beyond Aforza’s reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving Aforza employees), or delays involving hardware, software or power systems not within Aforza possession or reasonable control, and network intrusions or denial of service attacks.
- For any partial calendar quarter during which Customer subscribes to the Services, availability will be calculated based on the entire calendar quarter, not just the portion for which Customer subscribed.
Unavailability for some specific features or functions within the Services, while others remain available, will not constitute unavailability of the Services, so long as the unavailable features or functions are not, in the aggregate, material to the Services as a whole.
1.2 Penalties: Should Aforza fail to meet 99.5% general availability of the Services for a calendar quarter, and this downtime significantly affected Customer’s ability to use the Services, Customer may continue to use the Services, but will receive credit for one half day of its Aforza subscription, in that quarter, for each two hours of general Services unavailability below 99.5%. Any such credit may be applied ONLY against future invoices for Services. The penalties specified in this “Penalties” section shall be the sole remedies available to Customer for breach of this SLA.
1.3 Reporting and Claims: To file a claim under this SLA, Customer must send an email to legal@aforza.com with the following details:
- Billing information, including company name, billing address, billing contact and billing contact phone number
- Downtime information with dates and time periods for each instance of downtime during the relevant period
- An explanation of the claim made under this SLA, including any relevant calculations
Claims may only be made on a calendar quarter basis and must be submitted within 30 days after the end of the relevant quarter, except for periods at the end of a subscription agreement that do not coincide with a calendar quarter, in which case Customer must make any claim within 30 days after the end of its subscription agreement.
All claims will be verified against Aforza’s system records. Should any periods of downtime submitted by Customer be disputed, Aforza will provide to Customer a record of Services availability for the period in question. Aforza will only provide records of system availability in response to good faith Customer claims.