Service Level Agreement
OVERVIEW
NRG Software’s address validation services will be available for entry of consumer addresses data on a 24-hour, 7-day a week basis. A 99% uptime is expected outside of normal maintenance windows. Our primary goal is 100% customer satisfaction. The following guarantees are available to eligible current paying service subscribers. Paying subscribers may be referred to herein, collectively, as "Customers".
PERFORMANCE
Data transfer times for a certified address shall not exceed 25 seconds elapsed time per individual transaction. Our testing shows an average response time per address of 25ms. Customer performance varies due to available customer bandwidth.
DOWNTIME
NRG Software will notify customers of any planned or unplanned downtimes when address information cannot be validated. Notification will be via email to registered customers email address. The current planned downtime is the first Wednesday of each month from 9pm to 2am Pacific Standard Time.
SERVICE CREDIT FOR UNAVAILABILITY
The amount of Service Credit that may be granted, upon compliance by Customer with the procedures herein, for failure to comply with an Availability Guarantee set forth herein shall be:
Unavailability of less than 20 minutes, in a calendar month: no Service Credit issued.
Unavailability equal to or greater than 20 minutes, but less than two (2) hours, in a calendar month: one (1) day Service Credit.
Unavailability equal to or greater than two (2) hours, but less than four (4) hours, in a calendar month: one (1) week Service Credit.
Unavailability equal to or greater than four (4) hours in a calendar month: one (1) month Service Credit.
Definitions
"Unavailability" for purposes of the "Availability Guarantees" shall not include (and for which no Service Credit shall be granted) unavailability due to our planned maintenance or other planned outages; packet loss; equipment or software upgrades; customer request; any action performed by us in order to maintain or improve our services; any customer equipment, circuit, application, software, code, hardware device failure or malfunction; acts or omissions of Customer and/or Customer's users; denial of credit to Customer; planned or unplanned telco provider outages; or reasons outside of our reasonable control, such as Force Majeure.
Not less than 48 hours prior to a scheduled service interruption, we will notify Customer's technical contact by e-mail of such scheduled interruption in service and the nature of such interruption. Such notice shall be effective for all purposes herein, despite any failure of the Customer and/or its agents to receive such notice for any reason, including problems with or failures of Customer's e-mail system(s) or erroneous contact information provided by Customer or any other reason.
"Service Credit" for any Guarantee, shall mean:
One (1) day Service Credit equals one divided by the actual number of days in the month to which the Service Credit relates multiplied by Customer's Charge for such month.
One (1) week Service Credit equals seven divided by the actual number of days in the month to which the Service Credit relates multiplied by Customer's Charge for such month.
One (1)-month Service Credit equals one hundred percent (100%) of Customer's Charge for such month.
Service Claim Process
To initiate a claim for Service Credit with respect to any Guarantee, Customer shall submit an email entitled "Service Credit Request" within fourteen (14) days after the end of the month during or for which the event occurred which gives rise to the claim for Service Credit. We shall acknowledge receipt of all Service Credit Requests via email no later than the next succeeding business day after such receipt and shall review all requests within 14 days after such receipt. Customer shall be notified via email upon resolution of the request.
Unless Customer has been notified of any Unavailability, Customer shall have notified our company of any Unavailability promptly during such Unavailability. Eligibility for Service Credit is based on a failure that is caused solely by a component or components of Customer's service that is managed by us.
Service Credit
If Customer's Service Credit Request is approved, we shall issue Service Credit to Customer's account. All credits will be added to the Customer’s account to extend the yearly service term.
Service Credit shall be Customer's sole remedy for any failure by us to provide Services, including, but not limited to, any Unavailability.
The Service Credit provided for herein is based on Customer's compliance with the terms and conditions of its Internet services agreement with us, and the failure of Customer to comply therewith may invalidate our Guarantees provided herein.
Service Credits are not cumulative. If we fail to comply with more than one Guarantee with respect to a Customer during a calendar month, only the Guarantee producing the greatest measured Service Credit to such Customer will be considered for the granting of Service Credit. Furthermore, If Customer receives more than one Service, Service Credits will not be considered for Services that were not affected by our failure to comply with any Guarantee.
MODIFICATIONS
NRG Software, LLC. may modify, amend or revise one or more of these Guarantees at any time and from time to time. Such changes or revisions shall be deemed effective upon the posting of updated Service Level Agreement information to this web site.
