AMI Hosting Service Level Agreement

AMI hosting services is provided via Amazon Web Services.  Amazon's world class hosting infrastructure enables elastic scalability of internet-connected computing, storage and database resources.  AMI's support SLA is built upon Amazon's Web Services SLA agreement, with additional agreements regarding AssetTrack database backup and maintenance windows.

Effective Date: June 1, 2014

This AMI Hosting Service Level Agreement (“SLA”) is a policy governing the use of AMI AssetTrack Hosting Services (“AMI Hosting Services”) under the terms of the AMI End User License Agreement (the “AssetTrack License Agreement”) between Asset Management International, LLC. (“AMI”, “us” or “we”) and users of AMI’s services (“you”). This SLA applies separately to each account using AMI Hosting Services. Unless otherwise provided herein, this SLA is subject to the terms of the AssetTrack License Agreement and capitalized terms will have the meaning specified in the AssetTrack License Agreement. We reserve the right to change the terms of this SLA in accordance with the AssetTrack License Agreement.

Service Commitment

AMI will use commercially reasonable efforts to make AMI Hosting Services available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any monthly billing cycle (the “Service Commitment”). In the event AMI Hosting Services does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

  • “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which AMI Hosting Services, as applicable, was in the state of “Unavailable.” Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AMI Hosting SLA Exclusion (defined below).

  • “Unavailable” means your AssetTrack hosted instance does not respond to HTTPS requests.

  • A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible account.

Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments made for Reserved Instances) for either AMI Hosting Services (whichever was Unavailable, or both if both were Unavailable) for the  billing cycle in which the Unavailability occurred in accordance with the schedule below.

 

 

Monthly Uptime Percentage

Service Credit Percentage

Less than 99.95% but equal to or greater than 95.0%

10%

Less than 95.0%

30%

 

We will apply any Service Credits only against future AMI Hosting Services payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from AMI. A Service Credit will be applicable and issued only if the credit amount for the applicable billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the AssetTrack License Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide AMI Hosting Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Database Backup and Recovery Agreement

AMI will make daily backups of your AssetTrack SQL Server database.  AMI will store 7 days worth of backups in the Amazon S3 data storage service.  After 7 days, AssetTrack database backups will be migrated to Amazon's Glacier long-term storage for six months.  In the event of a catastrophic loss or corruption of your AssetTrack data, AMI will restore your most recent backup within 24 hours.  All data collected via AssetTrack prior to the last backup before the catastrophic event will be restored.  Data captured in AssetTrack after the latest daily backup may be lost permanently.

Upon request, AMI will provide access to your Amazon S3 backup folder so that you can download and make backup copies of your AssetTrack SQL Server database at any time.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the AMI Helpdesk. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  1. the words “SLA Credit Request” in the subject line;

  2. the dates and times of each Unavailability incident that you are claiming;

  3. the affected AMI hosted instance URL.

  4. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Maintenance Windows

From time to time AMI will need to take your hosted instance offline for maintenance purposes including, but not limited to, operating system upgrades, patches and AssetTrack upgrades (“Maintenance Windows”).  Maintenance Windows will take your AssetTrack hosted instance offline for no more than 6 hours per month.  AMI will provide a minimum of 15 days notice to you via email prior to the Maintenance Window.  SLA calculations do not apply during these maintenance periods.

AMI Hosting SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of AMI Hosting Services, or any other AMI Hosting Services performance issues: (i) that result from a suspension described in Section 6.1 of the AMI Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of AMI Hosting Services; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from failures of individual instances or volumes not attributable to Region Unavailability; (vi) that result from Maintenance Windows ; or (vii) arising from our suspension and termination of your right to use AMI Hosting Services in accordance with the AssetTrack License Agreement (collectively, the “AMI Hosting SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

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