The following Service Level Agreement (“SLA”) is included as part of the Payroll Management Service(s) from eVantage-HR Pte Ltd through partner’s Justlogin Pte Ltd (“Justlogin”) to the Customer. The Customer acknowledges that he/she has read these terms and conditions as well as the Justlogin’s Terms and Conditions and agrees to be bound by the same.
1. DEFINITION
1.1 DEFINITION OF TERMS
Unless otherwise expressly provided hereunder, the terms used herein shall have the same meaning as they are used and/or defined in the Service Agreement, including the schedules thereto, between the parties.
- “Actual Service Availability” shall mean the difference between Service Availability Target and Downtime.
- “Scheduled Maintenance/Repairs” shall mean any maintenance at the Justlogin (or its appointed vendor) data center/premises at which the Justlogin’s servers are located.
- “Downtime” shall mean the percentage of time within the Term in which the Service is not available or operational.
- “Service Availability Target” shall mean the percentage of time in each Calendar year in which Justlogin application service is available or operational.
1.2 SERVICE AVAILABILITY TARGET
Justlogin guarantees that the application services will be operational at least 99.9% of the time in each Calendar Year.
Justlogin deploy multiple servers and some of them act as the backup servers should the main servers fail. It shall not constitute a Downtime as long as the application services are accessible by the Customer, even though some of the servers may have failed.
1.3 RESPONSIBILITIES OF PARTIES
For purposes of this SLA, the Customer must immediately contact Justlogin to report each occurrence of alleged Downtime, in order for an occurrence to be treated as Downtime.
Justlogin will use commercially reasonable good faith efforts to establish the cause of any alleged Downtime. If JustLogin determines that the Justlogin Service is in fact unavailable as defined herein, the event will be considered Justlogin service outage time (“Service Outage”).
In the event of an outage caused by force majeure, Justlogin will use commercially reasonable efforts to restore Justlogin Service Availability. Fortuitous events and force majeure are defined as events beyond Justlogin’s reasonable control including, but not be limited to, fire, flood, explosion, war, strike, embargo, Government requirement or act, acts of civil or military authority, acts of God and inability to obtain necessary raw materials or supplies.
1.4 CUSTOMER CREDITS
Subject to the provisions of this Agreement, if Justlogin fails to meet the above Service Availability Targets during any Calendar Month, Justlogin shall provide a credit to the Customer (“Customer Credit”), which shall be deducted from the Customer’s applicable total monthly charges and without prejudice to the Customer’s contractual rights to terminate the Service Agreement, shall be the Customer’s sole and exclusive remedy for Justlogin’s failure to satisfy the Service Availability guarantees specified here.
The Customer Credit for a particular month shall be based on the following table.
MONTHLY AVAILABILITY OF JUSTLOGIN SERVICE SLG
| Monthly Availability not less than 99.9% | ||
| Monthly Availability |
Rebate (% of the Recurring Monthly Charge) |
|
| From (%) | To (%) | |
| 99.9% | 100% | 0% |
| 99.5% | <99.9% | 5% |
| 99% | <99.5% | 10% |
| 98.5% | <99% | 15% |
| 98% | <98.5% | 20% |
| <98.5% | 25% | |
Actual Service Availability shall be calculated as follows:
Total available hours – Planned Downtime – Unplanned Downtime x 100%
Total Available hours – Planned Downtime
Unplanned downtime is defined as the time when the fault is reported to Justlogin to the time the application services are restored. Planned downtime refers to scheduled maintenance activities causing application service outages and should not be a factor in measuring service availability.
Upon resolution of the problem, with a final fix or a temporary work around, the Customer must contact Justlogin within fifteen (15) days to request a Customer Credit. Failure to comply with this requirement will forfeit the Customer’s right to receive a credit. Any Customer Credit determined to be due by Justlogin shall be credited towards the next month’s charges from receipt of request for the Customer Credit.
The maximum monthly credit shall not exceed twenty five percent (25%) of the Customer’s monthly charge. In the event the Customer would receive credits in any given year equal to twenty five percent (25%) of the total annual charges, the Customer shall have the option to cancel service at the time without penalty.
The Customer shall not be entitled to Customer Credits unless the Customer has paid Justlogin all amounts due and is otherwise in full compliance with its corresponding service agreement with Justlogin (“Service Agreement”). Justlogin reserves the right to offset any Customer Credits owed to the Customer against any amounts owed by the Customer to Justlogin.
Under NO circumstances shall the Customer Credit be applied when:
- a) The Customer is in breach, non-compliance or violation, of any of the provisions of the Service Agreement, including its schedules and annexes, during the Service Outage;
- b) Service provided to the Customer is suspended due to non-payment or other cause;
- c) Service is being modified per request of the Customer;
- d) Service is under Scheduled Maintenance.
1.5 ELIGIBILITY/APPLICABILITY OF SLA
This SLA applies only to the Customers agreeing to a minimum service period of one (1) year in their Service Agreement.
Downtime shall not be deemed to occur and calculation of Service Outage shall not include any unavailability caused by or associated with, in whole or in part, the following events if applicable:
- a) security breaches including, but not limited to, denial of service attacks, network floods, hacking or other security lapse (e.g. computer virus attacks from external sources via internet) on the the Customer’s systems, equipment and network, and mail “bombs” or mail “spamming” (unsolicited e-mails) on the Subscriber’s servers;
- b) Customer’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Justlogin’s services, systems, equipment and/or network in breach of the Customer’s relevant Service Agreement;
- c) fortuitous events and force majeure
- d) Emergency and Scheduled Maintenance/Repairs and/or upgrade activities; any Emergency Work notified to the the Customer which for purposes of this Agreement, Emergency Work shall pertain or relate to problems on the facilities which may arise from causes beyond the control or which could not have been anticipated by Justlogin. To the extent possible and if circumstances will permit, Justlogin will exert its best effort to give prior notice to the Customer before undertaking Emergency Work.
Except as set forth in this SLA, Justlogin makes no claims or warranties regarding Service Availability. Specific terms of this SLA may be adjusted on a case-to-case basis in accordance with the relevant Service Agreement for certain the Customers. This SLA shall thus be interpreted in accordance with and is made expressly subject to the terms of the relevant Service Agreement. In case of inconsistency between the terms of this SLA and the Customer’s Service Agreement, the relevant terms of the Service Agreement shall prevail over this SLA. This SLA shall in no way be interpreted to amend or modify the terms of the Customer’s Service Agreement.
1.6 ASSIGNMENT
The rights and obligations under this SLA may only be assigned in the same manner and simultaneously with the Agreement.
2. SUPPORT
The following support channels will also be provided by Justlogin from Monday-Friday 0900 to 1800:
- Live Chat Support
- Email Support
- Phone Support