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service level agreement

This Service Level Agreement (hereinafter "SLA") is governed by the SPoTS License Agreement and augmented by the LegendSoft, Inc. Privacy Policy.  It identifies the agreed upon services that will be provided for the on-line SPoTS Application (hereinafter "Service") in order to ensure that the Service is reliable, secure and available to meet the needs of You (hereinafter "Customer").

Definitions

  • Unavailable - subject to Section 3 (below), the Service behaves in such a fashion that the Service does not respond to requests from any Customer or responds in such a fashion that no Customer is able to effectively use the Service.

  • Outage - a period of time in which the Service is Unavailable outside of the times defined in the section 2 below entitled Scheduled Service Unavailability.

  • 1. Availability

    LegendSoft Inc.'s goal is to make the Service free of Outages 100% of the time.

    In the event of an Outage and subject to Section 3 below, LegendSoft will, upon Customer request, extend any of Customer's Licenses that had not expired at the time of the Outage by the term corresponding to the schedule below:

    Length of Outage Term of License Extension1
    15 minutes - 4 hours 1 day
    more than 4 hours 1 day for each 4 hour period
    (rounded up to the next 4 hours)

    For example, if the Service were unavailable for 23 consecutive hours, each of Customer's valid licenses active at the time of the outage, could be extended by 6 days.


    2. Scheduled Service Unavailability

    The scheduled maintenance windows for the Service are as follows:

    1. Weekly on each Tuesday morning from 3 A.M. until 5 A.M. Eastern time.
    2. Scheduled periods of unavailability, provided that LegendSoft, Inc. provides Customer 48 hours advanced notice of said period. Scheduled periods of unavailability are posted on the Service web site at http://www.troubleticketsoftware.com/trouble-ticket-software-maint.htm.

    Generally, these times of Scheduled Service Unavailability will be used for routine system maintenance and/or upgrades and the Service may still be accessible.

    During these maintenance windows, the Customer may continue to use the Service.   However, Customer, without forewarning, may experience performance degradation or outright unavailability of the Service.

    3. Exceptions

    Customer shall not receive any license extensions under this SLA in connection with any failure or deficiency of the Service caused by or associated with:

    1. Circumstances beyond LegendSoft Inc.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, inability to obtain raw materials, supplies, or power used in, or equipment needed for, provision of the Service SLA
    2. Failure of Customer's access circuits to the Internet
    3. Failure of, or interruptions to, the Internet backbone
    4. DNS issues outside the direct control of LegendSoft, Inc.
    5. Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Service in breach of the License Agreement

    4. License Extension Procedure

    In order to receive a license extension associated with an Outage, Customer must make a request by sending an e-mail to licenseextension@legendsoft.net.   Each request must include:

    1. The date of the outage
    2. The approximate time the outage occurred
    3. The approximate length of the outage
    4. Customer name
    5. Customer's company name

    The request must be received by LegendSoft, Inc. within 48 hours of the Outage.  LegendSoft, Inc. will issue the extension(s) upon verification of the Outage from log files maintained for the System.

    1 License extensions are limited to a maximum of 30 days per license in any given calendar month.

    service level agreement
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