LeadManaging.com Service Level Agreement (SLA)

*This LeadManaging.com Uptime Service Level Agreement is only applicable to LeadManaging.com paying customers*

LeadManaging.com Uptime SLA. National Efficiency Systems Inc (NES) shall use all reasonable commercial efforts, being no less than accepted industrial standards in this regard, to ensure that the LeadManaging.com Service is available to you:

Phone Service: 99.99% of the time in any calendar month;
LeadManaging Server: 99.9% of the time in any calendar month;
LeadManaging Reports 99% of the time in any calendar month;

 If it is not, you may be eligible to receive the Service Credits described below (the “LeadManaging.com Uptime SLA”) with the exception of “Force Majeure.”

Definitions. The following definitions shall apply to the LeadManaging.com Uptime SLA.

“Downtime” means, for a server, if there is more than a five percent user error rate. User error is calculated using server monitoring software (provided by Cynch Inc), based on results from ping tests, web server tests, TCP port tests, and website tests. Downtime is measured based on server side error rate.

“Emergency Downtime” means those times where National Efficiency Systems Inc (NES) becomes aware of a vulnerability which, based on a risk assessment of the vulnerability, National Efficiency Systems Inc (NES) deems to require immediate remediation and, as a result, the LeadManaging.com Service is made temporarily unavailable in order for National Efficiency Systems Inc (NES) to address the vulnerability. Emergency Downtime is not considered Downtime for purposes of this LeadManaging.com Uptime SLA, and will not be counted towards any Downtime Periods

“Monthly Uptime Percentage” means the total number of minutes in the calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in the calendar month, divided by the total number of minutes in the calendar month.

“Scheduled Downtime” means those times where National Efficiency Systems Inc (NES) notifies you of periods of Downtime five (5) days prior to the commencement of such Downtime. There will be no more than twelve (12) hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this LeadManaging.com Uptime SLA, and will not be counted towards any Downtime Periods.

“Services” means the services provided to you by the LeadManaging.com Service including phone service, LeadManaging system server, reporting and other services in accordance with National Efficiency Systems Inc (NES)’s Terms of Service or alternatively, on terms as expressly agreed between you and National Efficiency Systems Inc (NES).

“Force Majeure” means SLA shall not in effect for any failure, or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of NES and its partners. In addition, NES shall be so excused in the event it is unable to acquire from its usual sources and on terms it deems to be reasonable, any material necessary for the performance of Services.

“Service Credit” may be provided according to the following schedule:

One week Credit: Includes Seven (7) days of Services added to the end of your billing cycle, at no charge to you, if the Monthly Uptime Percentage for any calendar month is between:

97.1% and 98% for the Phone Service in any calendar month and or;
96.1% and 97% for the LeadManaging server of the time in any calendar month and or;
95.1% and 96% for the LeadManaging reports of the time in any calendar month and or;

 Two week Credit: Includes Fourteen (14) days of Services added to the end of your billing cycle, at no charge to you, if the Monthly Uptime Percentage for any calendar month is between:

95% and 97% for the Phone Service in any calendar month and or;
94% and 96% for the LeadManaging server of the time in any calendar month and or;
93% and 95% for the LeadManaging reports of the time in any calendar month and or;

 One month Credit: Includes Thirty (30) days of Services added to the end of your billing cycle, at no charge to you, if the Monthly Uptime Percentage for any calendar month is:

Less than 95% for the Phone Service in any calendar month and or;
Less than 94% for the LeadManaging server of the time in any calendar month and or;
Less than 93% for the LeadManaging reports of the time in any calendar month and or;

Right to terminate: In the event the Monthly Uptime Percentage for any calendar month is less than 90.0%, you will have a right to terminate LeadManaging.com Service plan with seven (7) days written notice to National Efficiency Systems Inc (NES), or alternatively you can opt to procure the One month Credit outlined above.

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, you must notify National Efficiency Systems Inc (NES) by email or otherwise in writing within thirty (30) days from the time you become eligible to receive a Service Credit (contact your account manager or email credit@discovernes.com).

Maximum Service Credit. The aggregate maximum number of Service Credits you can claim for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty days of Services added to the end of your billing cycle. Service Credits may not be exchanged for, or converted to, monetary compensation.

Uptime SLA Exclusions. The Uptime SLA does not apply to any performance issues: (i) caused by factors outside of National Efficiency Systems Inc (NES)’s reasonable control; (ii) that resulted from any actions or inactions of you or any third parties; or (iii) that resulted from your equipment and/or third party equipment (not within the primary control of National Efficiency Systems Inc (NES)). This LeadManaging.com SLA states your sole and exclusive remedy for any failure by National Efficiency Systems Inc (NES) to provide the Services as a result of Downtime.