This Service Level Agreement (“SLA”) describes Sanas Support and Maintenance Services, which will be provided to customers of Sanas for purchasing the Software Services subscription license identified in a valid and executed Order Form. All capitalized terms used herein shall have the meaning set forth in the Agreement, unless otherwise defined herein. During the relevant term set forth in a valid and executed Order Form and subject to the terms of the Agreement and any limitations stated herein, Sanas will provide the following support and maintenance services to Customer. This Service Level Agreement (the “SLA”) forms a part of Sanas’s Service Terms and Conditions (the “Service Terms”).
Service levels
Sanas shall provide Customer with 99.0% availability to the Service (the “Service Availability”); and (ii) provide email support for the Service to Customer on a 8x5x252 basis (“Service Support”). Service Support shall only include assistance with issues which are exclusively due to an error with the Service (i.e., a failure of the Service to conform to the written specifications provided by Sanas). Any support outside the scope of Service Support shall be provided by Sanas on a time and materials basis. The Service Availability will be measured on a monthly basis, with all hours weighted equally, but the Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime resulting from outages of third-party connections or utilities or other reasons beyond Sanas’s control.
Error response times
An “Error” means an error in the Services which significantly degrades the Services as compared to Sanas’s published performance specifications. For each Error reported by Customer, Sanas shall (i) assign a priority level to such Error in its discretion in accordance with the table below, and (ii) respond to Customer and provide status updates in accordance with the time periods set forth in the table below.
Synthesis Guarantee
Sanas guarantees synthesis quality for a minimum of 80% for the Customer's licensed users. This guarantee ensures that the voice synthesis services provided by Sanas will maintain a minimum quality level as defined in the Agreement. The synthesis quality will be measured on a monthly basis, with all hours weighted equally, but the synthesis quality measurement will exclude reasonably scheduled downtime for system maintenance as well as any downtime resulting from outages of third-party connections or utilities or other reasons beyond Sanas’s control.
Service Credits
If (i) the Service is unavailable to Customer due to defects with the Service beyond the Service Availability metric, or (ii) Sanas fails to respond to a Customer Error report within the allotted time frame, then, as Customer’s sole and exclusive remedy (and Sana’s sole liability), (a) for each full hour in a month that the Service is unavailable beyond the Service Availability metric and (b) for each such response failure, Sanas will credit Customer with one (1) day of free access to the Service. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of one (1) free month of access to the Services. Further, Sanas will not grant a credit for any period in which Customer received any Services free of charge. Sanas’s blocking of data communications in accordance with its policies shall not be deemed to be a failure of Sanas to provide adequate service levels under this Agreement.
In the event that Sanas does not meet the 80% synthesis guarantee in a given month, Sanas has thirty (30) days to resolve the issue. In this period, the customer must provide the necessary resources to assist in troubleshooting and issue resolution. For every day that Sanas does not meet the 80% synthesis guarantee, Sanas will credit Customer with one (1) free day of access to the Service. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of one (1) free month of access to the Services. If Sanas fails to resolve the issue within thirty (30) days, the Customer reserves the right to terminate the Agreement as defined in the Terms & Termination section of the Agreement.
In order to receive service credits, Customer must notify Sanas in writing within seventy-two (72) hours from the time of downtime, or response failure (as applicable), and failure to provide such notice will forfeit the right to receive downtime credit.
