Service-level Agreement (SLA)

Service Level Agreement

Overview

This service level agreement (‘SLA’) describes the levels of service that (‘The Client) will receive from Stampede AI Ltd. (‘The Vendor’). This SLA should be read alongside the terms of use (https://stampede.ai/company/saas-agreement/) between The Client and The Vendor. Although the SLA covers key areas of The Client’s provided services and support, other contracts may include areas not covered by this SLA. 

Purpose 

The Client’s received service depends on Stampede Software as a Service ( ‘The System’) that is provided, maintained and supported by The Vendor. This SLA sets out what levels of availability and support The Client is guaranteed to receive The System. It also explains what penalties will be applied to Vendor should it fail to meet these levels. This SLA forms an important part of the contract between The Client and Vendor. It aims to enable the two parties to work together effectively. 

Scope 

Dates and reviews 

This agreement begins on the Effective Date as described in the SaaS Agreement and will run for the  Subscription Term. It may be reviewed at any point, by mutual agreement. It may also be reviewed if there are any changes to The Client’s needs or uses. 

Services Covered 

This SLA covers only those services provided by The Vendor to The Client for purposes of monitoring the use of WiFi by end users. This SLA contemplates only those above-named services and makes no guarantees or representations as to the provision or availability of any other service that may be provided by other suppliers.

Exclusions 

This SLA is written in good faith. The Vendor will always do everything possible to rectify every issue in a timely manner.  However, there are exclusions. This SLA does not apply to: • 

• Any equipment, software, services, third party or otherwise, or any other parts of the System not listed above. 
• Software, equipment or services not purchased via and managed by The Vendor. 

Additionally, this SLA does not apply when: 

• The problem has been caused by using equipment, software or service(s) in a way that is not recommended. 
• The Client has made unauthorised changes to the configuration or set up of affected equipment, software or services. 
• The Client has prevented The Vendor from performing required maintenance and update tasks. 
•  The issue has been caused by unsupported mobile devices, equipment, software or other services. 

This SLA does not apply in circumstances that could be reasonably said to be beyond The Vendor’s control.  For instance: floods, war, acts of god, civil unrest and so on. 

This SLA also does not apply if The Client is in breach of its contract with The Vendor for any reason (e.g. late payment of fees, improper use, violation of terms, etc.). 

Responsibilities 

The Vendor responsibilities 

The Vendor will provide and maintain the System used by The Client. The Vendor will make the System available through WiFi.

Additionally, The Vendor will:

• Ensure relevant software, services and equipment are available to The Client where necessary. 
• Respond to support requests within a reasonable timeframe. 
• Take steps to escalate and resolve issues in an appropriate, timely manner. 
• Maintain good communication with The Client at all times. 

Client Responsibilities 

The Client will use The Vendor provided system as intended. 

The Client will: 

• Notify The Client of issues or problems in a timely manner. 
• Provide The Vendor with access to equipment, software and services for the purposes of maintenance, updates and fault prevention. 
• Maintain good communication with The Vendor at all times. 

Guaranteed uptime 

Uptime levels 

In order to enable The Client to do business effectively, The Vendor guarantees that certain items will be available for a certain percentage of time. 

The System is guaranteed to have a 99.9% uptime. 

Measurement and Penalties 

Uptime is measured over each calendar month. It is calculated to the nearest minute, based on the number of minutes in the given month (for example, a 31-day month contains 44,640 minutes). If uptime for any item drops below the relevant threshold, a penalty will be applied in the form of a credit for The Client. This means the following month’s fee payable by The Client will be reduced on a sliding scale. The level of penalty will be calculated depending on the number of hours for which the service was unavailable, minus the downtime permitted by the SLA.

Service Credits

From 1 to 15 hours beyond target, rounded up to the next whole hour.

• 2.5% of monthly Charge for the affected Customer Premises per whole hour.

More than 15 hours beyond target

• 50% of monthly Charge for the affected Customer Premises.

Important Notes: 

• Uptime penalties in any month are capped at 50% of the total monthly fee.
• Uptime measurements exclude periods of routine maintenance. These must be agreed between The Vendor and The Client in advance. 
• For the avoidance of doubt, Services operating on backup or resilient links, line errors and/or other intermittent faults which do not prevent Service use, would be excluded from the Critical Fault category.  Fault resolution times under this section will not apply to any faults that arise during a scheduled maintenance window.
• Initially, we will work remotely to resolve all network faults. If, after investigation, we consider that the fault has not been resolved or that a solution does not seem imminent, we may arrange for an engineer to visit the affected Customer Premise, or to provide replacement Company Equipment, unless we deem the fault to originate as a direct result of failure at a Customer Premises of any Company Equipment in respect of which we have no management or maintenance responsibility. 
• Progress towards resolution within Target Clearance Times may be affected by our inability to access Customer Premise(s) or equipment; clear detail on information requested as part of the fault diagnosis process, or your instruction for us to suspend progress for any reason. Should either circumstance occur, we will pause the incident (stop the clock) until action is taken to allow the incident resolution to be resumed. Overall duration of the fault will have the paused time removed from the calculation.
• We will calculate total fault duration in seconds up or down to the nearest minute.

Guaranteed Response Times 

When The Client raises a support issue with The Vendor, The Vendor promises to respond in a timely fashion.

Response Times 

The response time measures how long it takes The Vendor to respond to a support request raised via Vendor’s support system. The Vendor is deemed to have responded when it has replied to the client’s initial request. This may be in the form of a chat response, email or telephone call, to either provide a solution or request further information.

Response times are measured from the moment the client submits a support request via The Vendor’s online support system. 

Response times apply during standard working hours (9am — 5.30pm) Monday to Friday (May exclude public holidays), unless the contract between the client and supplier specifically includes provisions for out of hours support. 

• Chat/ phone call – immediate response
• Email – within 30 minutes

Resolution Times 

The Vendor will always endeavour to resolve problems as swiftly as possible. It recognises that the client’s use of the System is key to its business and that any downtime can cost money. However, The Vendor is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously. For instance, it may be possible to resolve a fatal server issue in minutes, simply by restarting the server. But if a server fails due to disk error or a hardware fault (also classed as a fatal issue) it may take much longer to get back up and running. In all cases, The Vendor will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to The Client. 

Right of Termination 

Vendor recognises that it provides services that are critical to The Client’s business. If Vendor consistently fails to meet the service levels described in this document, the client may terminate its entire contract with Vendor, with no penalty. This right is available to the client if Vendor fails to meet the above uptime or response time levels more than five times in any single calendar month.