Service Level Agreement

I.A. REMEDIES FOR SERVICE FAILURE

Should our site not be available for usage, we will provide a pro-rata credit for any downtime that exceeds 1 percent of our monthly operating hours. This pro-rata credit will be for future usage of our premium features. We do not provide any credit for downtown as applied to any “free” or non-premium membership account. Pro-rata credit must be requested by writing support@assessmentscentral.com and providing us with your token purchase credit account information, including copies of all related transactions, your credit card number, name on the credit card, billing address of the credit card and any other related information that we ask for so that we can confirm your purchase. We do not share this information with any third part other than as necessary to confirm the transaction and protect against fraud.

We guarantee that our service will be available at least 99% of the time each calendar month.

B. Limitations & Warranty Disclaimer

The remedies set forth in this SLA are Customer's sole and exclusive remedies for any Failure or other failure of the Service, including without limitation for any breach of warranty, except as specifically set forth in the Agreement.

2. SERVER UPTIME

We will provide 99% uptime as monitored by our systems. Only failures due to known problems in our hardware constitute Failures and so are not covered by this SLA. Examples of Failures include power interruptions, hardware problems such as failures to a hard drive or power supply, and failures to the environment supporting our servers. Problems related in any way to the actions of Customers or third parties, do not constitute Failures and so are not covered by this SLA.

DATA LOSS: should there be a data loss that is our fault, and not caused by an act of God, or the act of any third party, we shall make all commercially reasonable efforts to recover your data. Data Loss Limitations are precisely the same as set forth in section 5 below regarding Credit Limitations and subject to the same requirements as set forth in section 4 below. We are not required to make more than commercially practical efforts, and we will determine in our sole discretion the extent of effort appropriate in recovering Customer environments and data. Recovering data after more than one disk fails in a RAID array or other comparably complex recoveries are beyond the scope of what we promise to deliver regarding data recovery efforts. No guarantee whatsoever is provided on the success of the recovery efforts we make.

3. Limitations

This SLA does not cover (without limitation): (a) network performance to Customer's physical location or Internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks.

4. Further Credit Requirements

The following are required for credits to be issued due to downtime that exceeds our mandate:

A. Customer must open a support case (a "Trouble Ticket") during the Failure in question. In opening a Case, Customer will provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction. However, at our sole discretion, we may open a Trouble Ticket for Customer and Customer will provide all information required to the support representative.

B. Customer must provide us with accurate and complete designated points of contact. Customer must provide us with accurate passwords and User IDs for maintenance and repair use by our engineers. Delays or failures caused by Customer's failure to abide by the requirements do not constitute Failures on our part.

5. CREDIT LIMITATIONS

A. The maximum credit for any single Failure is one month's Service fees. In the event that multiple periods of Failure overlap in time, credits will not be aggregated, and Customer will receive credit only for the longest such period of Failure. The maximum credit during a single calendar year, for all Service features combined, is two months' Service fees, regardless of the length of Failure or the number of occurrences.

B. In the event that credits for any calendar month exceed 25% of our revenues for such period, we may reduce and pro-rate the value of credits given to all Customers for such period so that the aggregate credit given to all Customers does not exceed 25% of revenues.

C. Credits available pursuant to this SLA apply only to future service delivery. We are not required to provide refunds pursuant to this SLA. If Customer retains a credit balance on termination of the account in question, such credit is forfeited.

D. Notwithstanding any provision to the contrary in this SLA, the following do not constitute
Failures:
(1) downtime during scheduled maintenance or Emergency Maintenance periods;
(2) outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer;
(3) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions;
(4) DNS issues outside of our control;
(5) outages resulting from Internet anomalies outside of our control;
(6) outages resulting from fires, explosions, or force majeure; , and
(7) failures during a "beta" period. "Emergency Maintenance" refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by us in our sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms.

6. DATA ERASURE

We shall erase all user data 30 days after your account has been terminated for any reason. Should your account be terminated, please ensure that you back up your data before 30 days has elapsed.

7. PHYSICAL SECURITY OF SERVERS

Our servers are housed in a third party facility. That facility provides reasonable security for the servers, but as we are not in control of the third party facility’s security issues, you hereby agree to hold us harmless and indemnify us from any loss or damages relating to the physical security of your data, or the servers themselves, and any authorized third party attacks or interference to your data, files and information housed on the servers themselves.