SERVICE CREDIT ADDENDUM TO SERVICE LEVEL AGREEMENT


This Service Credit Addendum is hereby incorporated into that certain Service Level Agreement (“SLA”) between You and FilmTrack and takes precedence over the SLA.

Subject to the balance of this Service Credit Addendum, in the event that the uptime level stated in the SLA is not met (subject to the exclusions stated in the SLA), You will be entitled to a credit in the form of a percentage of the monthly subscription fee (or 1/12 of the annual subscription fee, if pricing is annual) that You are otherwise obligated to pay with respect to the Service(s) affected by the uptime failure, as follows:

Uptime Threshold Met = Credit Amount

  • 0 to 99.8% = 10%
  • 0 to 94.9% = 20%
  • 0 to 89.9% = 30%
  • 0 to 84.9% = 40%
  • Below 80.0% =  50%

All credits must be requested by You within ten (10) business days after the end of the month with respect to which the uptime failure occurred to:

Email:            ar@filmtrack.com

Phone:           818-766-2607

FAX:              818-753-0322

US Mail:       12001 Ventura Place, Suite 500, Studio City, CA 91604

All requests must contain Customer’s contact name, phone number, email, web site/domain name (experiencing outage), and description of outage (including date and time outage first noticed and any attempts to resolve).

Credit can only be applicable towards future subscription costs under Order Forms (or renewals) and in no event will credits be paid out in cash. The maximum credit issued will be equal to one half (1/2) of monthly subscription fees. Credit is not applicable to professional services, addition of modules, or any other fees. Credits will usually be applied within sixty (60) days of your credit request (or in the next annual billing cycle, if billing is annual).  Other than termination rights (if applicable), credit to your account shall be your sole and exclusive remedy in the event of a failure to meet the uptime level.

 

Document referenced: sERVICE CREDIT ADDENDUM TO SLA 10-30-15