SERVICE LEVEL AGREEMENT

Version 1.0 - October 2018


THIS SERVICE LEVEL AGREEMENT (“SLA”) BETWEEN TEDIVO, LLC (TEDIVO, "US" OR "WE") AND USERS OF THE TEDIVO SERVICES ("YOU") GOVERNS THE USE OF THE BAPLIE VIEWER ONLINE WEBSITE UNDER THE PROVISIONS OF THE TEDIVO TERMS OF SERVICE (THE "TERMS").

UNLESS OTHERWISE PROVIDED HERING, THIS SLA IS SUBJECT TO THE PROVISIONS OF THE TERMS.


BAPLIE Viewer Online Service Commitment: 99.95% Uptime

Actual uptime can be found at https://status.baplieviewer.com.


TEDIVO will use commercially reasonable efforts to make BAPLIE Viewer Online website available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.


DEFINITIONS


“Maintenance” means scheduled Unavailability of the BAPLIE Viewer Online website, as announced by us prior to the BAPLIE Viewer Online website becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the BAPLIE Viewer Online website was Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Service Credit” means a credit denominated in free days, calculated as set forth below, that we may apply to an eligible account.

“Unavailable” and “Unavailability” mean when access to the BAPLIE Viewer Online website is not reachable due to TEDIVO’s fault.


SERVICE COMMITMENTS AND SERVICE CREDITS


Service Credits are calculated in accordance with the schedule below:

  • - For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, you will be eligible for a Service Credit of 1 Free Day
  • - For Monthly Uptime Percentage less than 99.0%, you will be eligible for a Service Credit of 7 Free Days

For example, and short of any SLA Exclusions, if you are not able to access the BAPLIE Viewer Online website for 25 minutes, you would be eligible for a Service Credit of 7 additional days added to your membership renewal date.


SOLE REMEDY


Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.


CREDIT REQUEST AND PAYMENT PROCEDURES


To receive a Service Credit, you must submit a claim by emailing us at this link. To be eligible, the credit request must be received by us within 4 weeks after the incident occurred and must include:

  • - the words “SLA Credit Request” in the subject line;
  • - the dates and times of each Unavailability incident that you are claiming;
  • - the membership username; and
  • - any supporting material you may have to prove the unavailability.

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within 10 business days after your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.


SLA EXCLUSIONS


The Service Commitment does not apply to any Unavailability:

  • 1. That results from a suspension or Remedial Action, as described in the Terms;
  • 2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the TEDIVO network;
  • 3. That results from any actions or inactions of you or any third party;
  • 4. That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
  • 5. That results from failures of BAPLIE Viewer Online website not attributable to Unavailability; or
  • 6. That results from any Maintenance.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.