Beonic Platform - Service Level Agreement

Last Updated 12th April 2019

OVERVIEW

This Service Level Agreement (“SLA” or “Agreement”) is a policy governing the use of the Services (listed below) by you or the entity you represent (“you”) under the terms of the agreement between Beonic Group Pty Limited (ACN 165 152 241) and its affiliates (“Beonic”, “us” or “we”) or a reseller of the Services (as applicable) and you (each a “Beonic Agreement”).  This SLA applies separately to each account using the Services. Unless otherwise provided herein, this SLA is subject to the terms of the Beonic Agreement and capitalised terms will have the meaning specified in the Beonic Agreement. We reserve the right to change the terms of this SLA from time to time.

SERVICES

• Beonic Guest Wi-Fi Service (Beonic Connect)
• Beonic Analytics Service (Beonic Insights)
• Beonic Content Delivery Service (Beonic Engage)

SERVICE COMMITMENT

We will use commercially reasonable efforts to ensure the Monthly Uptime Percentage (defined below) of the Services is at least 99.85% of each full calendar month.

DEFINITIONS

Applicable Monthly Services Fees means the total fees actually paid by you for a Service in the month in which a Service Credit is owed.

Downtime means the aggregate number of minutes in a calendar month during which you are unable to use the Service or its function is materially degraded (as determined by Beonic acting reasonably).

Emergency Interruption means a disruption or suspension of any Services immediately necessary to maintain the integrity, security, safety or quality of any part of the Services for you or any other customers.

Force Majeure means a circumstance beyond our reasonable control which results in us being unable to observe or perform on time an obligation under this agreement. Such circumstances will include but will not be limited to natural disasters, acts of war, terrorism, civil commotion, industrial action, malicious software or hardware attack or failure of third party network facilities.

Maintenance Window means daily standing maintenance/backup/repair between the hours of 12:01 am and 6:00am in the Region Timezone.

Monthly Minutes is calculated as (days in calendar month x 1440).

Monthly Uptime Percentage is calculated as Monthly Minutes less Downtime divided by Monthly Minutes multiplied by 100.
Monthly Uptime % = (Monthly Minutes – Downtime) / Monthly Minutes x 100.

Network Facilities means any computer network hardware and software that are in any way associated with the provision of the Services to you.

Region Timezone means in respect of a Region: (a) UTC+10:00 for Australia & New Zealand; (b) UTC+8:00 for South East Asia; (c) UTC for Europe, UK, Middle East, and Africa; (d) UTC-3:00 for South America; and (e) UTC-6:00 for North America.

Scheduled Interruption means a disruption or suspension of any Services in respect of which we have given notice to you (including via publishing an in-app message), including for the maintenance or improvement of any Services.

Service Credit means the percentage of the Applicable Monthly Services Fees credited to you following your claim approval.

Third Party Incident means any interruption or functional degradation of any Network Facilities supplied or managed by you or a third party and includes without limitation any hardware failure.

UTC means coordinated universal time.

SERVICE CREDITS

Service Credits are calculated as a percentage of the Applicable Monthly Services Fees paid by you for the Services in the affected Region in accordance with the schedule below.

Service Credits are your sole and exclusive remedy for any performance or availability issues for any Service under the Beonic Agreement and this SLA.

Service Credits apply only to fees paid for the particular Service for which a Service Level has not been met. In cases where Service Levels apply to individual Services, Service Credits apply only to fees paid for the affected Service. The Service Credits awarded in any billing month for a particular Service will not, under any circumstance, exceed 25% of your monthly Service Fees for that Service, as applicable, in the billing month.

If you purchased Services as part of a bundle, the Applicable Monthly Service Fees and Service Credit for each Service will be pro-rated.

If you purchased Services from a reseller, you will receive a service credit directly from your reseller and the reseller will receive a Service Credit directly from us. The Service Credit will be based on the estimated retail price for the applicable Service, as determined by us in our reasonable discretion.

CLAIMS

To receive a Service Credit, you must submit a claim by opening a case in the Beonic Support Desk by emailing support@beonic.com. To be eligible, the service credit request must be received by us by the end of the calendar month following the month in which the incident occurred and must include:

1. the words “SLA Credit Request” in the subject line;
2. details of the affected Service and a detailed description of the incident;
3. information regarding the time and duration of the Downtime; and
4. descriptions of your attempts to resolve the Incident at the time of occurrence.

We will use commercially reasonable efforts to process claims during the subsequent month and within forty-five (45) days of receipt. If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, we will issue the Service Credit to you in the month 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

You acknowledge that we will not have failed to meet a Service Commitment if we are delayed in meeting any timeframe or other requirement to the extent caused by:

1. an act or omission of the you or any third party acting under your direction (including subcontractors);
2. any failure, defect or problem in any device, software, system or network that is not within the immediate control of us, including any third party infrastructure or service on which any part of the Services are dependent;
3. a Force Majeure Event and/or incidents caused by factors outside of our control (including but not limited to power surges, water damage, natural disasters, terrorism, third party damage etc);
4. any Maintenance Window affecting the Services to which the relevant Service Commitment relates;
5. any Scheduled Interruption or Emergency Interruption affecting the Services to which the relevant Service Commitment relates; or
6. your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service or inconsistent with our published guidance.