Service Level Agreement

Marley Nonami Inc. Service Level Agreement

June 1, 2019

Preamble
This Marley Nonami Incorporated Service Level Agreement (“SLA”) is a policy governing the use of the Marley Nonami Inc. software and services under the Terms of Service (“Terms”) between Marley Nonami Inc. (“Marley Nonami”) and users of the Marley Nonami software and services (“Customer”).


This SLA applies separately to each account using the Marley Nonami Inc. software and services.

Unless otherwise provided herein, this SLA is subject to the terms of the MapsPeople Terms and capitalized terms will have the meaning specified in the MapsPeople Terms. We reserve the right to change the terms of this SLA in accordance with the MapsPeople Terms.

1. Definitions
“Google Maps Platform Services”. To the extent that an agreement between Marley Nonami and Customer includes services under the Google Maps Platform refer to the Google Maps Platform Service Level Agreement.

“API Interruptions” means interruptions due to independent Marley Nonami integration partners, including Google, and other Supported Platforms.

“Service Availability” means the uptime of a Marley Nonami Platform, and is measured by subtracting the total minutes of Service Interruption for such Platform in a given month from the total minutes in such month, divided by the total minutes in such month and then multiplied by 100.

By way of example: If in a given 30-day month there are 60 minutes of Service Interruption, then the Service Availability for such month would be calculated as follows:

= (43,200 being the total minutes in a 30-day month – 60 minutes of Service Interruption) / 43,200

= 43,140 / 43,200

= 0.999

Service Availability for the month would be 99.9%

“Service Interruption” means, except for scheduled system maintenance, the period of time that a Marley Nonami Inc. Platform is either (a) not available for Customer log-in or (b) substantially not functioning. API Interruptions and other circumstances beyond our control shall not constitute Service Interruptions.

“Standard Support” means the support provided by Marley Nonami help desk technicians in response to a ticket submitted by Customer through 
www.marleynonami.com/support

“Service” means the Marley Nonami SaaS platform and services for the Customer.

“Service Level” means the maximum hours from receiving message from Customer of errors to start rectification of errors.

2. Marley Nonami software and service SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of Marley Nonami Platform performance issues: (i) are caused by factors beyond Marley Nonami Inc.'s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of Marley Nonami Inc. Services or its direct hosting subcontractors (i.e., beyond the point in the network where Marley Nonami maintains access and control over the Marley Nonami Inc. Services); (ii) result from any actions or inactions of you or any third party (other than Marley Nonami Inc.’s direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Marley Nonami Inc.’s direct control); or (iv) arise from Marley Nonami Inc’s suspension and termination of Customer’s right to use the Marley Nonami Inc’s Services in accordance with the Marley Nonami Inc. Terms (collectively, software and service SLA Exclusions”),or (v) scheduled maintenance.

3. Service Level
Marley Nonami guarantees that rectification of errors covered by this SLA will be performed within the time limits described below:

Priority

Category

Start of Rectification of Errors

Priority 1

Critical Errors

The problem results in a significant loss of critical functionality. System functions are not working within reasonable limits. Critical organization functionality is not working. The following characteristics describe the situation: 

  • Garbled or corrupt data
  • The system is locked and causing delays
  • Critical - functions are not working

A maximum of 4 hours during standard office hours:  

ET 8:00 am - 5:00 pm

Rectification will be preformed continuously within standard office hours until problem is resolved or a workaround is disclosed. 

Priority 2

Serious Errors

Basic system functionalities are not working. A workaround may not be immediately disclosed. The system is working but with limited functionality. The Licensee's organization is troubled by the problem, but is still able to carry out work.

A maximum of 8 hours during standard office hours:  

ET 8:00 am - 5:00 pm

Rectification will be preformed continuously within standard office hours until problem is resolved or a workaround is disclosed. 

Priority 3

Minor Errors

The problem results in loss of limited functionality and Licensee is still able to carry out work.

Maximum of 4 days or by agreement.

Rectification will be preformed  within standard office hours.

If rectification is not performed according to the Service Level, this will be considered as if Service is not available and will entitle the Customer to receive Service credits as mentioned below.

4. Service Availability
Marley Noami will use commercially reasonable efforts to make the Marley Nonami platform, software and services available at least 99.9 % of the time in any calendar month, except for scheduled maintenance and upgrades, and excluding API Interruptions (the “Service Availability SLA”). Where reasonably possible, Marley Nonami shall provide at least 24 hours’ advance notice to Customer of scheduled maintenance in excess of 30 minutes. If Marley Nonami does not meet the Service Availability SLA, Customer will be eligible to receive the Service Credits described below. The Service Credits states Customer’s sole and exclusive remedy for any failure by Marley Nonami to meet the Service Availability SLA.

Service availability of a Marley Nonami ​Platform

"Service Credits" means days of services added to the end of the 

Te​​​​rm at no charge to the customer.

<99.0% - >= 98.5%

3

<98.5% - >= 95.0%

7

<95.0%

15

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by MapsPeople to Customer for all downtime that occurs in a single calendar month shall not exceed 15 days of Service added to the end of Customer’s Term. Service Credits may not be exchanged for, or converted to, monetary amounts.


Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify MapsPeople within 30 days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.

5. Reporting errors and defects

Any errors and defects shall be reported filing a ticket at www.marleynonami.com/support.


MapsPeople have the right at any time to change this link.


Errors and defects reported through other channels are not covered by this SLA.

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