BOS – Hosted Software SLA
Booster OS’s Hosted Software has the technology, operations, and infrastructure designed to provide reliable service to our customers and minimize downtime of our Hosted Software. Booster OS’s Hosted Software runs on a scalable and redundant cloud computing infrastructure.
This Service Level Agreement (this “SLA”) sets forth Booster OS’s obligations and Customer’s rights with respect to the performance of Booster OS’s Hosted Software. This SLA is subject to the terms of service (“Terms”) governing Customer’s use of Booster OS Products, unless otherwise agreed between Customer and Booster OS. All capitalized terms used but not defined in this SLA have the meaning set forth in the Terms.
1. Definitions. For purposes of this SLA, the following terms have the meaning ascribed to each term below:
“Hosted Software Downtime” means when the Customer is unable to log into the Hosted Software dashboard due to failure(s) in the Hosted Software, as determined by Booster OS in its reasonable discretion. Please note that individual Hardware device failures are not considered Hosted Software Downtime.
“Hosted Software Uptime” means the total number of minutes in a calendar month minus the number of minutes of Hosted Software Downtime in a calendar month, divided by the total number of minutes in a calendar month, expressed as a percentage.
“Service Credit” means the number of days of license to the Booster OS Software that Booster OS may credit to Customer, in its reasonable discretion and upon verification, in the form of a monetary credit applied to Customer’s next invoice after receipt of timely written notice of Booster OS’s failure to meet the Service Level Warranty.
2. Service Level Warranty. During the applicable Order Form term, the Hosted Software will have a Hosted Software Uptime of at least 98.99% in any calendar month (the “Service Level Warranty”). If the Hosted Software Uptime does not meet the Service Level Warranty in any calendar month, and if Customer is in compliance with its obligations under the Terms and this SLA, then Customer will be eligible to receive a Service Credit as follows:
| HOSTED SOFTWARE UPTIME
(PER MONTH) |
NUMBER OF DAYS OF SERVICE CREDIT |
| < 99.99% – ≥ 98.9% | 3 days |
| < 98.9% – ≥ 97.9% | 7 days |
| < 97.9% – ≥ 96.9% | 15 days |
| < 96.9% | 30 days |
3. Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify Booster OS in writing within thirty (30) 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.
4. Maximum Service Credit. The aggregate maximum amount of Service Credit to be issued by Booster OS to Customer for all Hosted Software Downtime that occurs in a single calendar month will not exceed thirty (30) days.
5. Exclusions. The Service Level Warranty does not apply to any Products that expressly exclude this Service Level Warranty (as stated in the Documentation for such Products) or any Hosted Software Downtime caused in part or in full by any of the following: (i) strikes (other than strikes of a party’s own employees), shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions (other than with respect to a party’s own employees), earthquakes, material shortages, epidemic, disease, failure of utilities or communication or electronic systems, or any other causes that are beyond the reasonable control of a party so long as the parties use commercially reasonable efforts, including the implementation of business continuity measures, to mitigate the effects of such force majeure; (ii) Customer and/or third party Equipment, systems, networks, or infrastructure (not within the primary control of Booster OS); (iii) Customer’s breach of the Terms or this SLA or improper use of the Products; (iv) a third party cloud-hosting, cellular, or internet service provider; (v) improper installation of or damage to the Hardware or partial or full disconnection of such Hardware from the Equipment; or (vi) any cause that is not solely and directly attributable to failure(s) in the Hosted Software, including but not limited to scheduled maintenance, emergency maintenance, and upgrades.
6. Exclusive Remedy. This SLA states Customer’s sole and exclusive remedy for any failure by Booster OS to meet the Service Level Warranty, and Customer hereby waives any other remedies available at law or in equity. Under no circumstances shall Booster OS be liable for any indirect, consequential, special, or exemplary damages arising from any breach of this SLA.