Service Level Terms
SkySpecs will use commercially reasonable efforts to enable Customer to access purchased workflows in Horizon, and to perform various activities in relation to those purchased workflows as further described in the Glossary, with availability at a Monthly Uptime Percentage (defined below) of at least 99.0%, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond SkySpecs’ control will also be excluded from any such calculation.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during which the Services could not be used by Customer due to system availability, which is defined as ability to access and use the Services. Use or usage is defined as ability to access inspections, create work orders, and create damage reports.
In the event that the Services do not meet the Monthly Uptime Percentage, Customer’s sole and exclusive remedy, and SkySpecs’ entire liability, in connection with Service availability is as follows: Customer will be is eligible to receive a discount of the Service fees in the following amounts:
o 5% of the Services fees pro-rated monthly in cases where the Monthly Uptime Percentage is less than 99.0% but equal to or greater than 95.0%
o 25% of the Services fees pro-rated monthly in cases where the Monthly Uptime Percentage is less than 95.0% but equal to or greater than 85.0%
o 50% of the Services fees pro-rated monthly in cases where the Monthly Uptime Percentage is less than 85.0% but equal to or greater than 50.0%
o 100% of the Services fees pro-rated monthly in cases where the Monthly Uptime Percentage is less than 50.0%.
Downtime will begin to accrue as soon as Customer (with notice to SkySpecs) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify SkySpecs in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service fees in any one (1) calendar month in any event. SkySpecs will only apply a credit to the month in which the incident occurred. SkySpecs’ blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of SkySpecs to provide adequate service levels under this Agreement.
For support requests, Customer may initiate a helpdesk ticket at any time by emailing support@skyspecs.com. SkySpecs will use commercially reasonable efforts to respond to all helpdesk tickets within one (1) business day.