Cloud-Hosted Service Level Agreement (SLA)

EASYTERRITORY (EZT) ONLINE AND EASYTERRITORY ENTERPRISE CLOUD-HOSTED SERVICE LEVEL AGREEMENT

Updated: July, 2024

This EasyTerritory Online and EasyTerritory Enterprise Cloud-hosted Service Level Agreement (“SLA”) governs the availability of EasyTerritory Online and EasyTerritory Enterprise Cloud-hosted as made available to Licensee under the terms of the EasyTerritory Terms of Use (easyterritory.com/terms.html) and the EasyTerritory Software Licensing Agreement.

1. DEFINITIONS

“Covered Downtime” means all Downtime other than Excluded Downtime.
“Covered Services” means the components of EasyTerritory Online and EasyTerritory Enterprise Cloud-hosted.
“Downtime” means the periods during which material portions for the Covered Services are not available.
“Excluded Downtime” includes Planned Downtime and any Downtime resulting from (i) events beyond EZT’s reasonable control, including, but not limited to, network disruptions, denial of service attacks, network hacks or events constituting a force majeure, (ii) any action taken under Licensee’s account; (iii) any termination or suspension of Licensee’s account in accordance with the terms of the Agreement; (iv) any third-party software or hardware used to access the Services; (v) user of the Services in a manner that is inconsistent with the Agreement or EZT’s reasonable instructions; and (vi) user of a trial evaluation.
“Planned Downtime” means Downtime for scheduled maintenance. EZT will use commercially reasonable efforts to announce Planned Downtime as early as possible but no less than eight (8) hours beforehand.
“Annual Uptime Percentage” equals one hundred percent (100%) less the percentage of one (1)-minute intervals during the Service Year that constitutes Covered Downtime. The Services will be considered to have been one hundred percent (100%) available for any portion of the Service Year in which Licensee did not maintain an active subscription.
“Service Year” means the twelve month subscription period.
“SLA Credit” means a credit applied to Licensee’s subscription when the Service Commitment is not met.

2. SERVICES AVAILABILITY

EZT will use commercially reasonable efforts to make the Covered Services available with an Annual Uptime Percentage of ninety-nine point nine percent (99.9%) (“Service Commitment”). For any Service Year that the Annual Uptime Percentage is less than EZT’s Commitment, Licensee will receive an SLA Credit equivalent to the net Covered Downtime during the relevant Service Year in excess of the maximum Downtime permitted under the Service Commitment. License will receive one (1) day of SLA Credit for every twenty-four (24) hours (or fraction thereof) of excess Covered Downtime. SLA Credits(s) is the Licensee’s sole and exclusive remedy for any breach of this SLA. SLA Credit(s) are nontransferable.

3. PROCEDURE

Once EZT has verified that the Annual Uptime Percentage for the Licensee’s account fell below ninety-nine point nine percent (99.9%), the appropriate SLA Credit will be applied to Licensee’s account in the next billing cycle.