Trujay Group LLC Service Level Agreement

Effective from 23 January 2017

This Trujay Service Level Agreement (“SLA”) is a policy governing the use of Trujay’s Service Offerings under the terms of the Trujay Terms of Use (the “Agreement”) between Trujay Group LLC (“Trujay” or “we”, or “our” or “us”), and users of Trujay services (“you”). This SLA applies separately to each account using our Service Offerings. Unless otherwise provided herein, this SLA is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement or this SLA. We reserve the right to change the terms of this SLA in accordance with the Agreement.

Service Commitment

Trujay will use commercially reasonable efforts to make our Service Offerings available with an Annual Uptime Percentage of at least 99.9% during the Service Year. In the event our Services do not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.

Definitions

  • Unavailable means that the Service Offerings have no external connectivity during a five minute period outside of the Maintenance Window.
  • Annual Uptime Percentage is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Year in which the Service Offerings have been Unavailable. If you have been using our Services for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the Services will be deemed to have had 100% availability. Any downtime occurring prior to a successful Service Credit claim cannot be used for future claims. Annual Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
  • Service Year is the preceding 365 days from the date of an SLA claim.
  • Service Credit is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.
  • Eligible Credit Period is a single calendar month, and refers to the calendar month in which the most recent downtime included in the SLA claim occurred.
  • Maintenance Window is an optional weekly time on Saturday between 6 pm to 8 pm PST during which maintenance, upgrades and repair can occur.

Service Commitments and Service Credits

If the Annual Uptime Percentage for your Service Offering drops below the Service Commitment for the Service Year you will be eligible to receive a Service Credit equal to 10% of the bill for the Eligible Credit Period.

To file a claim you do not have to have wait 365 days from the day you started using the service or 365 days from your last successful claim. You can file a claim any time your Annual Uptime Percentage over the trailing 365 days drops below the Service Commitment.

We will apply any Service Credits only against future Service Offerings payments otherwise due from you. Service Credits shall not entitle you to any refund or other payment from us. A Service Credit will be applicable and issued only if the credit amount for the applicable Eligible Credit Period is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by sending an email to support@trujay.com. To be eligible, the credit request must be received by within thirty (30) business days of the last reported incident in the SLA claim and must include:

  1. the words “SLA Credit Request” in the subject line;
  2. the dates and times of each Unavailability incident that you are claiming; and
  3. the primary email address of your account with us.

If the Annual 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 one billing cycle following the month in which 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, suspension or termination of the Service Offerings: (i) that result from a suspension or termination of your right to use our Service Offerings in accordance with the Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of our Service Offerings; (iii) that result from any actions or inactions of you or any third party; (iv) 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 (v) that result from a Maintenance Window.

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