BigTime Premier Service Level Agreement

Last updated February 10, 2020

BigTime IQ Premier SLA – During the term of the applicable BigTime IQ Premier subscription service agreement (the “Agreement”), BigTime Software will use commercially reasonable efforts to make the Covered Service operational and available to Customer at least 99.5% of the time in any calendar month (the “BigTime IQ Premier SLA”). If Bigtime Software does not meet the BigTime IQ Premier SLA in a given calendar month, and if Customer complies with and meets its obligations under this Service Level Agreement and the Agreement, Customer will be eligible to receive the Service Credits described below. This BigTime IQ Premier SLA states Customer’s sole and exclusive remedy for any failure by BigTime Software to meet the BigTime IQ Premier SLA.

 

Definitions. The following definitions shall apply to the BigTime IQ Premier SLA.

  • Covered Service” or “Service” means BigTime IQ Premier. This does not include any other BigTime Software services such as BigTime Sandbox, Beta Testing, BigTime Express, BigTime Enterprise, BigTime IQ Pro, BigTime Data Warehouse or the BigTime API.
  • Downtime” means, subject to the exclusions set forth in this Service Level Agreement, any period of time during which Customer is unable to access the Covered Service due to server side errors or reachability errors attributable to BigTime Software, as determined by BigTime Software’s system logs and other records.
  • Monthly Uptime Percentage” means the 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.
  • Service Credit” means the following:
                 Monthly Uptime Percentage          Days of Service added to the end of the Service term at no charge to Customer
                 >= 99.0% to < 99.5% 3
                 >= 95.0% to < 99.0% 7
                 < 95.0% 15

 

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify BigTime Software in writing within ten (10) 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.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by BigTime Software to Customer for all Downtime that occurs in a single calendar month shall not exceed fifteen (15) days of Service added to the end of Customer’s term for the Service (or the value of fifteen (15) days of Service in the form of a monetary credit to be issued to Customer’s account for monthly-billing customers only). Service Credits will not be issued as refunds and cannot be exchanged for, or converted to, monetary amounts, except for customers who are on BigTime Software’s monthly billing plan.

Scheduled and Unscheduled Maintenance. Any “Scheduled Maintenance” time does not count toward the calculation of Downtime. Scheduled Maintenance is classified as any maintenance on the Covered Service that is communicated to Customer at least two (2) full business days in advance. Scheduled Maintenance may take approximately eight (8) hours per calendar month and is typically performed during non-business hours in the USA. BigTime Software hereby provides notice to Customer, and Customer acknowledges and agrees, that Scheduled Maintenance will be performed every Thursday from 10:00 PM to 11:00 PM US CST and Sunday 10:00 PM to 12:00 AM US Central Time.

BigTime Software will attempt to notify Customer in advance of performing “Unscheduled Maintenance”; provided, however, that Customer acknowledges that Unscheduled Maintenance may be performed without prior notice. Unscheduled Maintenance will be counted as Downtime for the purpose of the BigTime IQ Premier SLA if it meets the definition of Downtime in all other respects.

BigTime IQ Premier SLA Exclusions. The BigTime IQ Premier SLA does not apply to any Downtime or other performance issues: (i) caused by a Force Majeure event or other factors outside of BigTime Software’s reasonable control; (ii) resulting from any act or omission of Customer, including, but not limited to, Customer’s negligence, breach of the Agreement, or failure to use the Covered Service in compliance with the applicable documentation; or (iii) that result from Customer’s equipment or any third-party equipment, or both (not within the primary control of BigTime Software).

Updates/Notice. The current version of this Service Level Agreement may be found online at https://www.bigtime.net. This Service Level Agreement may be amended by BigTime Software from time to time in its discretion upon thirty (30) days’ advance notice to Customer. Such notice may be provided to a user designated as an administrator on Customer’s account either: (a) as a note on the screen presented immediately after completion of the login authentication credentials at the login screen, or (b) by email to the registered email address provided for the administrator(s) for Customer’s account.