Service Level Agreement

Last updated April, 2021

This Service Level Agreement (“SLA”) between Transloads, LLC  (“Transloads”, “transloads.co”, “we,” or “us”), and users of the tranlsloads.co Services (“you”) governs the use of our Services under the provisions of the Terms of Service (the “Terms”).

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. Capitalized words and phrases have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.

Service Commitment: 99.9% Uptime

transloads.co will use commercially reasonable efforts to make our Services available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the “Service Commitment”).

Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

A Monthly Uptime Percentage of 99.9% = maximum unplanned downtime of 45 min/month

DEFINITIONS

 “Maintenance” means scheduled Unavailability of the Application Services, as announced by us prior to the Application Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any specified SLA Exclusion.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” means your application is unreachable via external monitoring solutions as provided by us.

SERVICE COMMITMENTS AND SERVICE CREDITS

Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments, e.g. for training, setup, etc.) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:

For Monthly Uptime Percentage less than 99.9% but equal to or greater than 99.0%, you will be eligible for a 10% Service Credit.

For Monthly Uptime Percentage less than 99.0%, you will be eligible for a 20% Service Credit.

We will apply any Service Credits only against future payments for the Services 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 payments. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than $100 dollars ($100 USD). Service Credits may not be transferred or applied to any other account.

SOLE REMEDY

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

CREDIT REQUEST AND PAYMENT PROCEDURES

To receive a Service Credit, you must submit a claim by emailing support@transloads.co. 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:

  • the words “SLA Credit Request” in the subject line;
  • the dates and times of each Unavailability incident that you are claiming;
  • the account handle(s); and
  • 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.

SLA EXCLUSIONS

The Service Commitment does not apply to any unavailability, suspension or termination of our Services, or any other performance issues:

  • That result from a suspension or Remedial Action as described in the Terms;
  • Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the transloads.co network;
  • That result from any actions or inactions of you or any third party;
  • That result from the equipment, software or other technology of you or any third party;
  • That result from failures of our Services not attributable to Unavailability; or
  • That result from any Maintenance.

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.