Service Level Agreement

Version 1.0. Last updated: March 27, 2018

This Service Level Agreement ("SLA") between Fifth Ocean Technologies Pty Ltd ("Fifth Ocean", "us" or "we") and users of the SmartForms Services ("you") governs the use of the SmartForms Cloud Services under the provisions of the Fifth Ocean Terms of Service.

This SLA does not apply to On-Premises SmartForms licences.

SmartForms Service Commitment: 99.95% Uptime

Fifth Ocean will use commercially reasonable efforts to make your SmartForms Services available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the "Service Commitment"). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than 21.56 min/month of Unavailability.

Definitions

"Maintenance" means scheduled Unavailability of the Containerized Services, as announced by us prior to the Containerized Services becoming Unavailable.

"Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the SmartForms Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

"Service Credit" means a credit denominated in currency in which the services are billed, calculated as set forth below, that we may credit back to an eligible account.

"Unavailability" mean when your SmartForms service is not running or not reachable due to Fifth Ocean's fault.

Service Credits

Service Credits are calculated as a percentage of the total charges due on your SmartForms invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:

  1. For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.0%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources
  2. For Monthly Uptime Percentage less than 99.0%, you will be eligible for a Service Credit of 30% of the charges attributable to the affected resources

Service Credits are applied against future payments for the Services. 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 Fifth Ocean. Service Credits may not be transferred or applied to any other account.

Credit Request

To receive a Service Credit, you must submit a claim by emailing support@smartfor.ms. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  1. "SLA Credit Request" as the subject line;
  2. the dates and times of each Unavailability incident that you are claiming;
  3. the service account details
  4. logs that document the errors and corroborate your claimed outage with any confidential or sensitive information in these logs to be removed.

If the Monthly 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:

  1. That results from a suspension of account, as described in the Terms;
  2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the SmartForms network;
  3. That results from any actions or inactions of you or any third party;
  4. That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
  5. During scheduled Maintenance.

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.