|Availability||Credit Amount of Monthly Fee for Affected Subscriptions*|
|99.89% – 98.00%||2%|
|97.99% – 96.00%||4%|
Performance Guarantee Terms of Service
Spireon’s Service Level Agreement
1. WHAT IS SPIREON’S COMMITMENT?
2. WHO IS ELIGIBLE?
3. HOW DO I REGISTER?
4. WHAT SaaS SERVICE APPLICATIONS ARE ELIGIBLE?
5 HOW ARE CREDITS COMPUTED?
“Uptime” means the total amount of time Eligible Customer was able to log in to their SaaS Service application and Access their landing page. “Total Annual Hours” means all hours in a given calendar year. Exclusions are listed in Section 6 of this SLA.
If the SaaS Services Uptime Metric is not met in a calendar year, then the service credits will be awarded for each month the SaaS Services Uptime Metric was not met. If the annual SaaS Services Uptime Metric is met in a calendar year, then no service credits will be applied even if the SaaS Services Uptime Metric was not met in an individual month. Service credits will be calculated according to the following table:
|Plan Status||Assigned “Monthly Fee”|
|36 Month CDMA Lender Express Bundle||$7|
|All Other Device & Data Bundles||$3|
|Devices under Renewal Plans||$2|
Exclusions include time that the Eligible Customer is unable to Access the application and landing page due to the following:
- Scheduled Maintenance time;
- Emergency Maintenance time;
- Any hardware or device related issues, including improper installation, tampering, extreme weather conditions, and misuse;
- Problems or unavailability of Third party API and applications (e.g., Microsoft Bing Maps and Wireless Carrier Networks);
- Unavailability of Internet services (e.g., DNS servers) due to virus or hacker attacks;
- Force majeure events, which are events that can be neither anticipated nor controlled, including acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars);
- Actions or inactions of the Eligible Customer or third parties beyond the control of Spireon, unless undertaken at the express direction of Spireon;
- Issues caused by Eligible Customer equipment or third-party computer hardware, software, or network infrastructure not within the sole control of Spireon; or
- Anything beyond Spireon’s direct control.
7. HOW DO I KNOW IF I AM DUE A CREDIT?
Eligible Customers may visit https://www.spireon.com/spireon-performance-guarantee-status/ to determine if they might be owed a credit. If an Eligible Customer uses one of the SaaS Service applications listed onhttps://www.spireon.com/spireon-performance-guarantee-status/ and the SaaS Services Uptime Metric for that application is below 99.90% at the end of the year, then Eligible Customer may be due a credit for the months the SaaS Services Uptime Metric was not met. However, credits will not be applied to time periods prior to Eligible Customer registration at https://www.spireon.com/join-performance-guarantee/.
- “Access” means Eligible Customer’s ability to log into their SaaS Service application and see their landing page. Access does not guarantee responsiveness of the application, device communication, or accuracy of reporting.
- “Downtime” means the total amount of time Eligible Customer is unable to log into their SaaS Service application and Access their landing page.
- “Scheduled Maintenance” means Spireon’s upgrades or modifications to SaaS Services and corresponding servers. Scheduled Maintenance may temporarily cause SaaS Services to be unavailable. Spireon takes every reasonable precaution to minimize the duration of any impacts during the Schedule Maintenance. Such effects related to Scheduled Maintenance do not give rise to credits under this SLA and are not deemed Downtime. Spireon will make its best effort to notify Customer before Scheduled Maintenance is performed. Scheduled Maintenance times may be viewed at http://status.spireon.com/.
- “Emergency Maintenance” means Spireon’s efforts to correct network conditions that are likely to lead to a material SaaS Services outage and that require immediate action. These conditions may include, but are not limited to security issues, virus attacks, spam issues, and any unforeseen circumstances beyond Spireon’s direct control. Emergency Maintenance may temporarily degrade the quality of Saas Services, including the possibility of causing short-duration outages. Such effects related to Emergency Maintenance do not give rise to credits under this SLA and are not deemed Downtime. Spireon in its sole discretion may undertake Emergency Maintenance at any time in order to preserve SaaS Services.