This Service Level Agreement (this “SLA”) between you and ChargeMate AI, Inc. (“ChargeMate”) sets forth certain terms and conditions relating to the availability of ChargeMate’s proprietary SaaS platform (the “CM Platform”), as provided and described under the commercial SaaS agreement entered into between you and ChargeMate (the “Agreement”).
The hosted elements of the CM Platform will be available for remote access 99% of the time each calendar month of the term of the Agreement (“Availability”), excluding Excused Outages.
Downtime as a result of any causes beyond the control of ChargeMate or that are not reasonably foreseeable by ChargeMate, including, without limitation by any of the events noted below, are excluded from the Availability calculations (collectively, “Excused Outages”):
Additionally, if you request maintenance during holidays or weekends or outside scheduled maintenance windows, any uptime or downtime calculation to determine whether ChargeMate has achieved the Availability requirement also will exclude any periods of time affected by such maintenance, which will be an Excused Outage.
If ChargeMate fails to achieve the Availability requirement as set forth above in Section 1, ChargeMate will use commercially reasonable efforts to correct the interruption as promptly as practicable.
If ChargeMate fails to achieve the Availability requirement as set forth above in Section 1 during the term of the Agreement, your sole and exclusive remedy, and ChargeMate’s entire liability, in connection with such Non-Availability (as defined below) will be that for each period of downtime lasting longer than 1 hour during a period of Non-Availability, ChargeMate will credit a pro-rated portion of your monthly minimum fee against future subscription fees, as set forth in the Agreement, for each period of 30 or more consecutive minutes of downtime (a “Service Credit”), so long as any such downtime is not caused by you or your agents and is not otherwise an Excused Outage. “Non-Availability” means downtime resulting in the CM Platform not being available for remote access at least 99% of the time during the then-current calendar month.
Downtime will begin to accrue upon ChargeMate’s verification of Non-Availability following your notification that downtime is occurring and will continue until the CM Platform is restored and providing the functionality required under this SLA, as verified by ChargeMate.
In order to receive a Service Credit, you must notify ChargeMate in writing within 24 hours of the alleged downtime, and failure to provide such notice will forfeit the right to receive a Service Credit. Service Credits may not be redeemed for cash and the total amount of Service Credits available to Customer in any 1 calendar month will not exceed the value of 1 weeks’ worth of then-current subscription fees under the applicable order form of the Agreement. ChargeMate will only apply a Service Credit to the month in which the incident occurred. ChargeMate’s blocking of data communications or other services in accordance with its policies will not be deemed to be a failure of ChargeMate to provide adequate service levels under this SLA.
These Support Terms between you and ChargeMate AI, Inc. (“ChargeMate”) set forth certain support services provided by ChargeMate in connection with its proprietary SaaS platform (“CM Platform”), as provided and described under the commercial SaaS agreement entered into between you and ChargeMate (the “Agreement”).
During the term of the Agreement, ChargeMate will provide you with reasonable technical support via electronic mail on weekdays during ChargeMate’s business hours of 9:00 am through 5:00 pm Pacific time, excluding holidays (“Support Hours”).
You may initiate a helpdesk ticket during Support Hours at any time by emailing support@chargemate.ai
ChargeMate will use commercially reasonable efforts to respond to all helpdesk tickets within 3 business days of ChargeMate’s receipt of your submission of such ticket. ChargeMate will use commercially reasonable efforts to correct reproducible failures of the CM Platform to perform in substantial accordance with their then-current documentation.
ChargeMate will provide you with updates and bug fixes that ChargeMate in its sole discretion makes generally available to its other similarly situated customers. However, you are not entitled to receive updates or new releases that include new or different features or functionality for which ChargeMate imposes an additional charge to its customers. Such new or different features and/or functionality may be purchased by you, in your discretion, at ChargeMate’s then-current pricing.