Last Updated: April 5, 2020
This Worklytics Service Level Agreement (this “SLA”) is a policy governing the use of the Worklytics SaaS Platform and applies separately to each account using the Services. In the event of a conflict between the terms of this SLA and the terms of the Master Services Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict.
Worklytics will use commercially reasonable efforts to make the Worklytics Platform available with a Monthly Uptime Percentage of at least 99.0%, in each case during any monthly billing cycle (the “Service Commitment”). In the event any of the Included Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
In order to provide optimal first level support service to all departments, all problem and repair calls must be received by the Help Desk via support@worklytics.co. Worklytics will use commercially reasonable efforts to provide Support Services per the following schedule:
Coverage parameters specific to the service(s) covered in this Agreement are as follows:
In support of services outlined in this Agreement, the Service Provider will respond to service related incidents and/or requests submitted by the Customer within the following time frames:
Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Implementation or Integrations) for the Services for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below.
We will apply any Service Credits only against future payments for the applicable Included Service otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Worklytics, Co. Service Credits may not be transferred or applied to any other account.
Service credits must be requested via email to support@worklytics.co within 30 days of closure of the relevant incident.
The Service Commitment does not apply to any unavailability, suspension or termination an Included Service, or any other Included Service performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the applicable Included Service; (ii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iii) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arising from our suspension or termination of your right to use the Service. 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.
