INITIAL RESPONSE TIME GUARANTEE

 

Fornida guarantees that the response time to a customer support request submitted through the Fornida Help Desk system during standard service hours shall be sixty (60) minutes or less.

 

In the event Fornida’s response time to a support ticket submitted within standard service hours exceeds sixty minutes, Fornida will grant to the Client SLA Credits equal to the amount of time exceeding sixty minutes times two.

 

Standard Service Hours are Monday to Friday from 8am to 5pm (Central Standard Time). Actual time calculation will be rounded up to the nearest quarter hour interval.

 

 

NETWORK ACCESS GUARANTEE

 

Fornida guarantees the Client’s reasonable online access to Fornida’s Hosted Cloud Services as provided herein.

 

 

EXPRESS EXCLUSIONS

 

The following circumstances are outside the reasonable control of Fornida and are expressly excluded from the Fornida Network Access Guarantee:

 

1. Lawful Orders. In the event any legal proceeding is commenced or any lawful order issued targeting the Client of Fornida’s Services having the effect of requiring Fornida to restrict the Client’s access to the Services, Fornida shall have the right and obligation to comply with such legal action or order, and in such event shall not be responsible to the Client for any violation of the SLA nor have any obligation to provide SLA Credits.

 

2. ISP. Any outage or loss of internet access, whether of the Client or of Fornida, resulting from the failure or outage of an Internet Service Provider (ISP) shall be excluded from the Fornida Network Access Guarantee and shall not be eligible for SLA Credit.

 

3. Scheduled Maintenance. As with any system, maintenance to the network and/or supporting hardware infrastructure will sometimes be required, and such maintenance may sometime require network downtime and loss of access. Fornida shall notify the Client in advance of any upcoming scheduled maintenance at the Client’s contact email on file. Fornida will make every effort to ensure any network access restrictions or downtime are kept to the shortest time possible. The Client will not be eligible to earn SLA Credits during such periods of scheduled maintenance.

 

4. Malicious Actions. Fornida shall not be held responsible for any loss of network access resulting from any “Denal of Service” attack, or any other action or attack by a third-party targeting a Client’s network, devices, or Fornida’s network and/or Cloud Servers. In the event such attach occurs, Fornida shall assist in halting such attack and limiting the damage and any resulting downtime to the greatest extent possible. Any such attack is expressly excluded from Fornida’s Network Access Guarantee, and Fornida provides no guarantee of when a satisfactory resumption of the Services will be possible.

 

5. Breach. The Fornida Network Access Guarantee shall not apply where the Client is in violation of the Fornida Terms of Service, or where the Client is in default on any payment owed to Fornida.

 

 

SLA CREDITS

 

If Fornida does not meet its obligations pursuant to this SLA, the Client’s sole remedy will be to request compensation in the form of SLA Credits.

Where service logs or other factors indicate that Fornida is responsible for causing a failure of Client’s access to the Hosted Cloud Services (and none of the excluded circumstances apply), Fornida will grant the Client SLA Credit equal to two times the demonstrated recorded downtown, which shall be prorated up to the nearest quarter hour.

 

For example, if the Client’s access to the Services is down for 5 hours, the Fornida will grant the Client 10 hours of SLA Credit.

A Client shall in no event be eligible for SLA Credit where the value of such SLA Credit would exceed the Client’s monthly payment for the specific Service giving rise to the SLA Credit. When valuing SLA Credit, a 730-hour month shall be assumed.

 

The Client shall not be eligible for SLA Credit at any time when the Client is in violation of the Fornida Terms of Service, or where the Client is in default on any payment owed to Fornida.

 

SLA Credits are credited to the Client’s account with Fornida only, and may not be refunded, converted, or withdrawn in any way, or for any reason.

 

 

SLA CREDIT REQUEST

 

All requests for SLA Credits must be submitted by the Client to Fornida within 5 business days of the service event giving rise to the request and shall be submitted by email to support@fornida.com

 

Only one apportionment of SLA Credit shall be issued for a single incident, this includes specifically but without limitation, where a SLA failure of network access results in a Client’s Help Desk application, and that Help Desk application suffers from a SLA failure, this shall be treated as a single incident and only one apportionment of SLA Credit will be issued. Any duplicate SLA Credit may be retracted by Fornida without notice.