Last modified: 12 April 2022
1. Service Level Agreement
This Service Level Agreement (“SLA”) sets forth the system availability and support services commitments for the Platform. This SLA is entered into by and between Customer and Ecolab Inc. (“Ecolab”). Ecolab’s obligations may be carried out by Lobster Ink, a division of Ecolab.
In this SLA the following terms have the following meanings:
2.1. “Downtime” means the total number of minutes in the applicable Month during which the Platform is unavailable, less Excluded Downtime;
2.2. “Excluded Downtime” means the total number of minutes in the applicable Month during which the Platform is unavailable due to factors outside of Ecolab’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable;
2.3. “Month” means a calendar month;
2.4. “Monthly Subscription Fee” means the monthly subscription fee (or 1/12 of the annual fee) paid for the Service which did not meet the System Availability SLA;
2.5. “UTC” means Coordinated Universal Time standard;
2.6. “Scheduled Downtime” means the total number of minutes in the applicable Month when the Platform is unavailable, for which Customer has been notified at least 5 business days in advance. Scheduled Downtime will only occur during the hours of 04:00-09:00 UTC on a Sunday;
2.7. “Scheduled Uptime” means the Total Minutes in the Month of the applicable month, less Scheduled Downtime; and
2.8. “Total Minutes in the Month” means the total minutes measured 24 hours per day, 7 days per week during a Month.
3. System availability SLA and credits
3.1. Claim process and reporting
Customer may claim a credit in the amount described in the table below in case of Ecolab’s failure to meet the System Availability SLA, which credit Customer may apply to a future invoice relating to the Service that did not meet the System Availability SLA. Claims under this SLA must be made in good faith and by submitting a written request within thirty (30) days after the end of the relevant Month in which Ecolab did not meet the System Availability SLA. Ecolab will provide to Customer a report describing the System Availability percentage for the applicable Service for a specific month upon request.
3.2. System Availability
System Availability percentage is calculated as follows:
4. Support Services
4.1. Ecolab’s representatives will be available to answer questions and otherwise assist Customer in troubleshooting issues that may occur in the day-to-day running of the Platform via https://support.lobsterink.com or as otherwise indicated on the Platform. Issues will be dealt with as per the Priority levels, Response Times and Resolve Time Objectives set out below.