Last Updated: October 22, 2018
Prime Trust, LLC (“we,” “us,” or “Prime Trust”) reserves the right to change the terms of this SLA at any time without prior notice or liability. A current copy of our SLA may be obtained anytime by visiting www.fundamerica.com and clicking on the “Service Level Agreement” link at the bottom of the page or by emailing a request to info@PrimeTrust.com. You are advised to review the SLA before using the Technology Platform.
Prime Trust will use commercially reasonable efforts to make the tools, reporting and features of our Technology Platform available to you and to your users with an Annual Uptime Percentage of at least 99.99%, excluding planned service maintenance, and a data backup and integrity guaranty of 100%. In the event that Prime Trust does not meet this SLA uptime commitment, you will be eligible to receive a Service Credit as follows:
The maximum cumulative credit for any and all applicable Service Credits in a month is 100% of the total fees earned and payable by you to Prime Trust or any of our subsidiaries in any month so affected.
|Threshold||Credit on Uptime||Credit on Data Integrity|
|99.9% to 99.99%||10%||50%|
|99.9% to 99.99%||25%||100%|
To receive a Service Credit, the Licensee must notify Prime Trust and submit a written Claim within thirty (30) days from the Incident that would be the basis for the claim. To be eligible, the Claim must include (a) the dates, times, description and duration of each Incident experienced, (b) the instances that were running and affected during the time of each Incident; (c) the Licensee’s server request logs, network traceroutes and URL(s) affected by the Incident, and any other documents that detail the errors and corroborate the claimed Unavailability or data loss. Failure to provide a timely Claim, which includes all the required information, will disqualify the Claim and you from receiving a Service Credit. If Prime Trust determines that you are entitled to a Service Credit then we will issue the Service Credit to Licensee within 45 days.
Service Credits are your sole and exclusive remedy for any violation of our service level commitments to you (including with respect to any Incident or any Unavailability). Service Credits shall be a credit toward amounts due or previously paid in the affected month only, and do not entitle you to any other compensation, refund or remuneration from Prime Trust. Service Credits may not be transferred or applied to any other person.
The maximum Service Credits awarded with respect to Claims a Licensee submits in any calendar month shall not, under any circumstance, exceed in the aggregate the Licensee’s Fees paid by you for services in the affected month. In the event that an Incident results in the Unavailability of more than one Service Level, you must choose only one Service Level under which to submit a Claim based on that Incident, and you may not submit any other Claim under any other Service Level with respect to the same Incident. Prime Trust will use all information reasonably available to it to validate Claims and make a good faith judgment on whether the SLA and which Service Levels apply to the Claim.
This SLA does not apply to any events:
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