Appogee HR Service Level Agreement

Appogee HR SLA

During the Term of the applicable Appogee HR Services Contract (the “Contract”), the Appogee HR Services web interface will be operational and available to Customer at least 99% of the time in any calendar month (the “Appogee HR SLA“). If Appogee HR does not meet the Appogee HR SLA, Customer will be eligible to receive the Service Credits described below. This Appogee HR SLA states Customer’s sole and exclusive remedy for any failure by Appogee HR to meet the Appogee HR SLA.

Claiming Service Credit

In order to receive any of the Service Credits described above, Customer must notify Appogee HR within thirty days from the time Customer becomes eligible to receive a Service Credit by raising a case with Appogee HR Support. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.

Maximum Service Credit.

The aggregate maximum number of Service Credits to be issued by Appogee HR to Customer for all Downtime that occurs in a single calendar month shall not exceed ten days of Service added to the end of Customer’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.

Scheduled Maintenance.

Downtime that result from Scheduled Maintenance does not count against the SLA. There will be no more than 10 hours of aggregate Scheduled Maintenance per monthly billing cycle.

Appogee HR SLA Exclusions.

The Appogee HR SLA does not apply to any services that expressly exclude this Appogee HR SLA (as stated in the documentation or the relevant Terms of Service for such services) or any performance issues: (i) caused by factors described in the “Limitation of Liability” or “Force Majeure” sections of the Appogee HR Terms of Service; (ii) that resulted from Customer or third party software or hardware, or as a result of action or inaction on behalf of the Customer or third party; (iii) that resulted from Customer’s Google Apps performance; (iv) that resulted from Google App Engine service disruptions outside the control of Appogee; (v) caused by problems outside of Appogee’s reasonable control. The Appogee HR SLA does not apply to Customers have not paid a Subscription Fee and/or who are in a free Trial Period.

Definitions.

The following definitions shall apply to the Appogee HR SLA.

“Downtime” means, for a domain, more than a ten percent of users are unable to access the web interface of the Services due to failure of the Services. Downtime is measured based on server side errors.

“Appogee HR Covered Services” means the Appogee HR Service (Appogee HR, Appogee Leave, Appogee Leave API) for which a paid Subscription is in operation at the time.

“Monthly Uptime Percentage” means total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.

“Scheduled Maintenance” means those times where Appogee HR notifies Customer of periods of expected Service disruptions at least 5 days prior to the commencement of such Service disruption.

“Services” means the specific Appogee HR service, provided by Appogee HR to Customer under the Contract, and as defined in the relevant Terms of Service.

“Subscription”, “Subscription Period” and “Trial Period” shall have the meanings stated in the relevant Terms of Service.

Service Credit

“Service Credit” means the following: