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SERVICE LEVEL AGREEMENT

This Service Level Agreement (“SLA”) describes the level of services that customers who have executed an applicable Software as a Service (“SaaS”) Agreement will receive from WASTELINQ, INC (“WASTELINQ”). This SLA should be read alongside the SaaS Agreement between the customer and WASTELINQ. Although the SLA covers key areas of the customer’s IT systems and support, the SaaS Agreement may include areas not covered by this SLA. In the event that customer and WASTELINQ have executed a separate service level agreement (“Customer-Specific SLA”), the Customer-Specific SLA shall govern instead of this SLA.

This SLA sets out what levels of availability and support the customer may receive for certain services ordered pursuant to the SaaS Agreement. It also explains what remedies may be applicable should WASTELINQ fail to meet these levels.


DEFINITIONS

“Availability” is defined as the total accumulated minutes per billing month (based on 24-hour days for the number of days in the subject month) during which the WASTELINQ services that customer purchased are available.

“Downtime” is defined as the total accumulated minutes with no external connectivity, minus total scheduled maintenance minutes, during a billing month.

“Monthly Uptime Percentage“ is defined as total accumulated minutes minus downtime divided by total accumulated minutes in a billing month.


EQUIPMENT, SOFTWARE, AND SERVICES COVERED

This SLA covers only the equipment, software, and services specified in the applicable SaaS Agreement and/or Order Form to such SaaS Agreement. Coverage may be updated at any time pursuant to the SaaS Agreement between the customer and WASTELINQ.


EXCLUSIONS

 This SLA does not apply to:

  • Any equipment, software, services or other parts of the IT system not listed in the SaaS Agreement and/or Order Form to such SaaS Agreement.
  • Software, equipment or services not purchased via and managed by WASTELINQ.

Additionally, this SLA does not apply when:

  • The problem has been caused by using equipment, software or service(s) in a way that is not recommended.
  • The customer has made unauthorized changes to the configuration or set up of affected equipment, software or services.
  • The customer has prevented WASTELINQ from performing required maintenance and update tasks.
  • The issue has been caused by unsupported equipment, software or other services.

This SLA does not apply in circumstances that could reasonably be said to be beyond WASTELINQ’s control, as determined by WASTELINQ. These circumstances include, but are not limited to, floods, war, acts of God, etc.

This SLA does not apply if the customer is in breach of its contract with WASTELINQ for any reason (e.g. late payment of fees, etc.).


SERVICE COMMITMENT & THIRD-PARTY DISCLOSURE

WASTELINQ will provide and maintain the software, equipment, and services used by the customer as detailed in the SaaS Agreement between WASTELINQ and the customer. The SaaS Agreement includes full details of these responsibilities. Additionally, WASTELINQ will:

  • Comply with availability levels listed below.
  • Respond to support requests within the timescales specified in this SLA.
  • Take steps to escalate and resolve issue in an appropriate and timely manner.
  • Maintain good communication with the customer to resolve applicable issues.

WASTELINQ uses high-performance virtual server instances hosted by reputable cloud computing service providers (“IaaS”), who guarantee a 99.99% service availability. WASTELINQ, in conjunction with the IaaS, will use commercially reasonable endeavors to rectify the cause of any downtime and to minimize the duration of any such instances.


AVAILABILITY, MEASUREMENT, RESPONSE TIMES, & PENALTIES

Availability is measured using WASTELINQ’s automated systems for the business days over each calendar month (excluding normally scheduled maintenance, as reasonably determined by WASTELINQ). Availability is calculated to the nearest minute, based on the number of minutes in a given month.

If availability drops below the threshold specified in this SLA, the customer may be eligible to receive a Service Credit for the billing cycle in which the availability threshold was not met. Service Credits are calculated as a percentage of total charges paid by customer (excluding fees paid for training, customization, support services, or other professional services) for the monthly billing cycle in which the unavailability occurred. Please follow schedule below.

Credits may only be applied against future monthly payments due by customer. Unless otherwise agreed, credits do not entitle customer to any monetary compensation or any other form of payment from WASTELINQ.

Penalties for missing the availability threshold are capped at 30% of the total monthly fee. Availability measurements exclude periods of routine maintenance. WASTELINQ shall provide customer with prior notice of such maintenance.

The response time measures how long it takes WASTELINQ to respond to a support request raised via WASTELINQ’s online support system. All support requests must be raised via the WASTELINQ online support system. Any support requests raised outside of WASTELINQ’s online support system will be excluded from response time calculations.

WASTELINQ is deemed to have responded when it has replied to the customer’s initial request. This response may be in the form of an e-mail or a telephone call. Response times are measured from the moment the customer submits a support request via WASTELINQ’s online support system. Response times apply during standard working hours (9:00 a.m. – 5:30 p.m. central time) only, unless the SaaS Agreement between the customer and WASTELINQ specifically includes provisions for out of hours support. As commercially reasonable, WASTELINQ will respond to appropriately-raised support requests within 30 minutes of receipt of the service request.


CREDIT REQUEST & PAYMENT PROCEDURES

To receive a Service Credit, customer must submit a claim by opening a case in the WASTELINQ Support Helpdesk. To be eligible, the credit request must be received by the end of the second billing cycle after which the incident occurred and must include:

  1.  The words “SLA Credit Request” in the subject line;
  2.  Under classification, choose “Claim”;
  3.  The dates and times of each Unavailability incident that customer is claiming;
  4.  The affected module and WASTELINQ version; and
  5.  Request logs that document the errors and corroborate the claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks). If the Monthly Uptime Percentage of such request is confirmed and below WASTELINQ’s Service Commitment, then a Service Credit will be issued to customer within one billing cycle following the month in which the request was confirmed. Failure to provide the request and the additional information as required above will disqualify customer from receiving a Service Credit.