1.This sets forth Adar’s service level agreements (SLA) that apply to the Services set forth in Service Order. This SLA shall not be effective until thirty (30) calendar days after the actual Service Commencement Date set forth in such Service Order.
2. Bulk or Commercial Email
Adar will use commercially reasonable efforts to provide one hundred percent (100%) network availability. In the event of Downtime, Adar will provide Customer with a credit in an amount equal to five percent (5%) of the then-current monthly recurring fee for the affected Service(s) for each consecutive thirty (30) minute period of non-compliance. Downtime is the Customer’s inability to transfer data from any Adar hosted services (including without limitation desktops, email, terminal server and hosted applications) to any end user device (including without limitation zero client, desktop/laptop computer and smartphone/tablet) solely as a result of an issue with the Services.
3. SLA Response Times & Resolution Times
In the event of an issue with the Services, Customer shall notify Adar as set forth herein and Adar shall use commercially reasonable efforts to provide a response and resolution within the timeframes set forth below.
Severity Level Response Time* Resolution Time**
1 1 hour 4 hours
2 4 hours 24 hours
3 1 business day 3 business days
*For avoidance of doubt, the response time shall be measured from Adarís receipt of notice from Customer. Adar may respond via electronic mail, phone or in writing.
**For avoidance of doubt, the resolution time shall be measured from the time in which Adar responds to Customer.
Severity Level 1: A Severity Level 1 issue causes the Services to be completely unavailable to all users such that the users are unable to access such Services from any location.
Severity Level 2: A Severity Level 2 issue causes the Services, or portion thereof, to be unavailable to a significant number of users.
Severity Level 3: A Severity Level 3 issue is any issue other than a Severity Level 1 or Severity Level 2 issue.
In the event Adar does not respond to Severity Level 1 and Severity Level 2 issues within the timeframes set forth above, Adar shall issue a credit to Customer in an amount equal to three percent (3%) of the then-current monthly recurring fee for the affected Service.
4. Notwithstanding anything herein to the contrary, the credits issued hereunder in any given month shall not exceed a maximum amount equal to fifty percent (50%) of the then-current monthly recurring fee for the affected Base Service.
5. Customer acknowledges and agrees that the credits set forth herein are (i) Customer’s sole and exclusive remedy for Adar’s failure to meet the SLA’s set forth herein and (ii) contingent on Customer notifying Adar at help@adarIT.com within twenty four (24) hours from the time Customer becomes eligible to receive such credit. Within a reasonable amount of time after Adar receives such notice from Customer, Adar will contact Customer to review the status of the credit request and to determine the applicable credit, if any, due to Customer. If Customer does not notify Adar within such timeframe, Customer shall forfeit its right to receive such credit.
6. Notwithstanding anything herein to the contrary, the terms set forth herein do not apply in the event that (i) the issue arises as a result of Customer’s failure to comply with the terms and conditions of the Agreement, (ii) the issue arises as a result of Customer’s acts and/or omissions, (iii) Adar has the right to suspend such Services in accordance with the terms and conditions of the Agreement, (iv) a force majeure event occurs, (v) the Services are affected as a result of a third party’s act or omission outside of Adar’s reasonable control, (vi) the Service is affected during maintenance, (vii) an issue arises with the Services as a result of a third party program and (viii) the issue occurs outside of Business Hours. For the avoidance of doubt, the SLA’s and associated credits do not apply to any software programs provided in relation to the Services. Business Hours shall mean 8am through 6pm (CST) Monday through Friday, excluding bank, public and/or national holidays in the United States.