Service Level Agreement (SLA)
1. Service Availability
1.1 The Service Provider, Netarx LLC guarantees that the service will be available 99.9%
of the time, measured on a monthly basis.
1.2 Scheduled maintenance windows are excluded from the availability calculation,
provided that the Service Provider gives at least 48 hours advance notice.
2. Service Credits for Interruptions
2.1 If the service availability falls below the guaranteed level in any given month, the
Customer will be eligible for service credits as follows:
• 99.0% to 99.89% availability: 10% of the monthly service fee
• 98.0% to 98.99% availability: 25% of the monthly service fee
• Below 98.0% availability: 50% of the monthly service fee
2.2 To receive a service credit, the Customer must submit a claim within 30 days of the
end of the month in which the service interruption occurred.
2.3 Service credits will be applied to the next billing cycle following the approval of the
claim.
3. Maximum Obligation
3.1 The maximum obligation of the Service Provider for any service interruption or
failure to meet the guaranteed service level shall be limited to the payment made by the
Customer for the monthly service.
3.2 Under no circumstances shall the Service Provider be liable for any indirect,
incidental, special, or consequential damages.
4. Dispute Resolution
4.1 All parties agree that any dispute arising out of or relating to this Agreement shall be
resolved through binding arbitration.
4.2 The arbitration shall be conducted by a single arbitrator in accordance with the rules
of the American Arbitration Association (AAA) and shall take place in Oakland County,
Michigan.
4.3 The arbitrator shall be selected from the AAA’s roster of neutrals with experience in
commercial disputes and shall be bound by the terms of this Agreement.
4.4 The decision of the arbitrator shall be final and binding on all parties.
4.5 Each party shall bear its own costs of arbitration, except that the arbitrator may award
costs and attorneys’ fees to the prevailing party.
4.6 Judgment upon the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
5. Governing Law
5.1 This Agreement shall be governed by and construed in accordance with the laws of
Oakland County, Michigan, without regard to its conflict of law provisions.
6. Entire Agreement
6.1 This SLA constitutes the entire agreement between the parties with respect to its
subject matter and supersedes all prior agreements, understandings, and arrangements,
whether oral or written
