Last updated: November 4, 2019
Nespra Hosted Software is designed from the base to provide reliable service to our customers. We have invested in technology, operations and infrastructure to safeguard customer data and prevent downtime.
Nespra Hosted Software runs on the leading platform of the Amazon Web Services (AWS) sector, which provides a scalable and redundant cloud computing infrastructure to the world's leading companies. Nespra's distributed software architecture disperses computing across multiple physical servers and replicates stored data across multiple physical storage devices. As a result, no hardware failure can affect service availability.
We are pleased to offer our customers the following Service Level Agreement (SLA) of 99.99% uptime:
This Service Level Agreement (hereinafter, "SLA" ) establishes the obligations of Nespra and the rights of our customers with respect to the execution of the Nespra Hosted Software. All terms in capital letters used, but not defined in any way in this SLA have the meaning attributed to them in the Terms of Service accepted by you (hereinafter, the "Customer" ) and Nespra (hereinafter, the "Agreement"). The general terms of service are available at https://www.nespra.net/en/terms-of-service
1.Definitions: For the purposes of this SLA, the following terms have the meaning attributed to each of them below: "Downtime" means when the Hosted Software is not available to the Client due to a failure or failures (s) in the Firmware or Hosted Software, as confirmed by both the Client and Nespra. Note that failures of individual devices are not considered downtime, but may be covered by the Nespra hardware warranty available at www.nespra.net/en/hardware-warranty
By "Monthly Percentage of Activity Time" is understood the total number of minutes of a calendar month to be minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes of a calendar month.
By "Service Credit" is understood the number of days of Services that Nespra will add at the end of the term of its paid license, without charge to the Client.
2. Service Level Warranty: During the Term, the Hosted Software will be operational and available to the Client at least 99.99% of the time in any calendar month (hereinafter, the "Service Level Guarantee" ). If the Monthly Percentage of Activity Time does not comply with the Service Level Guarantee in any calendar month, and if the Client fulfills his obligations under this Agreement, then the Client will be eligible to receive Service Credit as follows:
3. Customer must request Service Credit: In order to receive any of the Service Credits described above, the Client must send a notification to Nespra within 30 days from the moment the Client is eligible to receive a Service Credit. Failure to comply with this requirement will result in the loss of the Customer's right to receive a Service Credit.
4. Maximum Service Credit: The maximum total Service Credit amount issued by Nespra to the Client for all the Downtime that occurs in a single calendar month shall not exceed 30 days.
5. Exclusions: The Service Level Guarantee does not apply to any service that expressly excludes this Service Level Guarantee (as indicated in the documentation of said services) or any interruption or operational problems (i) caused by strikes (other than strikes). of the employees of one of the parties), shortages, riots, insurrection, fires, floods, storms, explosions, fortuitous cases, wars, government action, working conditions (other than those of the employees of one of the parties) , earthquakes, material shortages or any other cause that is beyond the reasonable control of one of the parties, provided that the parties make commercially reasonable efforts, including the implementation of business continuity measures, to mitigate the effects of such cases of overwhelming force; (ii) that have resulted from the Client or third party material, or both (outside the primary control of Nespra); (iii) that otherwise have resulted from the breach by the Client of the restrictions or responsibilities of the Client established in the Terms of Service; (iv) and that are due to a hosting service of a third party contracted by Nespra for the provisioning of Hosted Software.
6. Exclusive remedy: This SLA establishes the sole and exclusive recourse of the Client in case Nespra does not comply with the Service Level Warranty.
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