Service Level Agreement

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  • Introduction

    Fuel Software Control ("Fuel Software Control," "we," "our") is committed to providing reliable and highly available services to our clients ("Client"). This Service Level Agreement ("SLA") outlines the obligations of Fuel Software Control and the rights of the Client regarding the performance of the hosted software provided by Fuel Software Control.

    This SLA is subject to the Terms and Conditions of Use of the software unless otherwise agreed in writing between the Client and Fuel Software Control. All capitalized terms not defined in this SLA shall have the meaning assigned to them in the Terms of Use.

  • Definitions

    • Monthly Uptime Percentage: The total number of minutes in a calendar month, minus the number of minutes of Confirmed Downtime experienced during that month, divided by the total number of minutes in the calendar month.
    • Hosted Software Downtime: When the Client is unable to access the FSC platform due to failures in the hosted software, as confirmed by both the Client and Fuel Software Control. Failures in individual Client devices or third-party systems do not qualify as Hosted Software Downtime.
    • Hosted Software Uptime: The percentage calculated by subtracting Hosted Software Downtime from the total number of minutes in a calendar month, expressed as a percentage.
    • Service Credit: The number of days of software use that Fuel Software Control will credit to the Client’s next invoice, provided the Client complies with the requirements of this SLA.

  • Service Level Guarantee

    Fuel Software Control guarantees a 99.99% Monthly Uptime Percentage for the hosted software. If this percentage is not met and the Client complies with the obligations outlined in this SLA, the Client is eligible for Service Credits according to the following table:

    Monthly Uptime PercentageDays of Service Credit
    < 99.99% - ≥ 99.9% 3 days
    < 99.99% - ≥ 99.0% 7 days
    < 99.0% - ≥ 90.0% 15 days
    < 90.0% 30 days

  • Exclusions

    The Service Level Guarantee does not apply if Hosted Software Downtime is caused, in whole or in part, by any of the following:

    • Events beyond the reasonable control of Fuel Software Control, including natural disasters, civil unrest, communication failures, fires, floods, wars, governmental actions, and other force majeure events.
    • Failures in the Client’s equipment, systems, infrastructure, or network, or those of third parties not controlled by Fuel Software Control.
    • Improper use of the software by the Client or violations of the Terms and Conditions of Use.
    • Issues with third-party hosting, internet, or cellular service providers.
    • Improper installation or physical damage to the Client’s hardware.
    • Any other cause not solely related to failures in the hosted software.

  • Exclusive Remedy

    This SLA establishes the Client’s sole remedy for any failure by Fuel Software Control to meet the Service Level Guarantee. Service Credits provided under this SLA are the exclusive compensation available to the Client in such instances.

  • Modifications to the SLA

    Fuel Software Control reserves the right to modify this SLA at any time. Changes will be communicated to the Client in a timely manner. Continued use of the software following notification of SLA modifications constitutes the Client’s acceptance of the new terms.

  • Governing Law and Jurisdiction

    This SLA shall be governed by and construed in accordance with the laws of the United States and Canada. Any disputes arising under this agreement shall be subject to the jurisdiction of the courts in the applicable region.