Service Level Agreement (SLA) for SocketXP IoT SaaS

SocketXP strives to make the Service continuously available, 100% of the time. Our overarching goal is to make our service available 24x7 and 365 days a year.

In the event we fall short of that goal, under the terms of this Service Level Agreement (“SLA”), SocketXP will provide Customer in good standing a Service Credit in the event the Service is Available less than 99.7% of the time (the “Service Commitment”).

“Service Level Failure” means a failure of the Service to meet the Service Commitment.

“Available” means the Service is available for access and use by Customer and its Users to remotely access devices in accordance with the Documentation.

The Service Commitment is a fraction, where the numerator is the number of minutes in a given calendar month (“Service Period”) that the Service is Available and the denominator is the number of minutes in such calendar month minus the number of minutes in which Exceptions occur.

“Scheduled Maintenance” means time during which the Service is un-Available due to maintenance or upgrades to the SocketXP Cloud Server Software, for which SocketXP will provide at least twenty-four (24) hours advance notice via email to Customer or a message will be displayed on the main site www.socketxp.com stating the Service will be down. SocketXP will use commercially reasonable efforts to conduct Scheduled Maintenance in windows of thirty (30) minutes or less during low usage time or between the hours of 9:00 PM Pacific Standard Time (PST) to 12:00 AM PST on Saturdays or Sundays.

“Non-Scheduled or Emergency Maintenance” may be performed outside the Scheduled Maintenance window and will be counted as unscheduled or emergency downtime. Customer will be notified immediately and a message will be posted in the main site www.socketxp.com stating that the Service will be down. Emergency Maintenance will be used with caution, only in extreme situations when the Service is badly affected due to any unforeseen issues in the Cloud Server Software. Such emergency issues if not repaired immediately will cause significant damage, including a prolonged Service downtime or recovery time for all customers.

For purposes of calculating the Service Commitment, the following are “Exceptions” to the Service Commitment, and the Service will not be considered un-Available due, in whole or in part, to any: (a) periods of Scheduled Maintenance; (b) periods of Emergency Maintenance (c) use of the Service that does not comply with the Documentation; (d) delay or failure of performance caused in whole or in part by Customer's delay in performing, negligence, or failure to perform, any of its obligations under the Agreement; (e) failure of Customer’s or its Users’ network, Internet, hardware, software or systems; (f) circumstances beyond SocketXP’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, and denial of service attacks, internet outages, cloud service provider (AWS, GCP) outages; or (g) SocketXP’s permitted disabling, suspension or termination of the Service pursuant to the Fair Use Policy, Terms of Service and Agreement.

In the event of a Service Level Failure, SocketXP shall issue a credit to Customer in the amount of a percentage of the fees paid by Customer for the applicable Service for the Service Period in which the Service Level Failure occurred as follows (a “Service Credit”):

The Service Credit Percentages above are not cumulative.

To receive a Service Credit, Customer must submit a claim by emailing [email protected]. To be eligible, the claim must be received by SocketXP by the end of the calendar month following the Service Period in which the Service Level Failure occurred and include the words “SLA Credit Request” in the subject line and the dates and times of each incident that Customer is claiming. If the Service Level Failure is confirmed by SocketXP, SocketXP will issue the Service Credit to Customer within one (1) calendar month following the receipt of Customer’s claim.

SocketXP will apply any Service Credits to future sums for the Service otherwise payable by Customer to SocketXP. In the event Service Credits remain at the conclusion of a subscription term and no sums from Customer to SocketXP are due for the Service, a refund will be issued.

Customer agrees that this SLA sets forth SocketXP’s sole obligation and liability and Customer’s sole remedy for any Service Level Failure.

This SLA may be revised from time to time for any reason. If this SLA changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page and notify you through email. The effective date of this updated SLA is 03/07/2020.