SEMCAT Service Level Agreement
Version 0.3
This Service Level Agreement ("SLA") provides paid users ("User", "you") of Allied Strategy's SEMCAT Service with certain rights and remedies regarding the service levels of SEMCAT. Users of the SEMCAT Service are subject to the SEMCAT Client License and the SEMCAT Service Terms of Use.
This SLA does not apply to Users of the SEMCAT Client that are not paid users of the SEMCAT Service.
This SLA applies only to SEMCAT. It does not apply to any other Allied Strategy services or offerings.
Definitions
SEMCAT Client - The SEMCAT browser, extensions, and any other SEMCAT software applications installed on the User's computer. The SEMCAT Client is provided free of charge to the public for various approved uses.
SEMCAT Service - All internet-based components of SEMCAT. These services are hosted by Allied Strategy, and the SEMCAT Client relies on them for specific functionality. The monthly fees Users pay is specifically for the SEMCAT Service.
User - Paid user of the SEMCAT Service. For all the purposes of this SLA, the User will be considered a single user, not the entire agency account. (I.E. The User is any individual user within an Agency.)
Allied Strategy - Allied Strategy, L.L.C, the creator and producer of SEMCAT.
Allied Strategy website - http://alliedstrategy.com and/or http://semcat.net including all applicable pages, directories, and subdomains.
System Requirements
The SEMCAT Client will run on a computer system with the following specifications:
Operating Systems- Windows XP SP2 or Vista
- Internet Explorer 6 or 7
- 1.0 Ghz CPU
- 256 MB RAM Free
- 100 MB Hard Drive Storage Free
- A Broadband Internet Connection (>256 kilobits per second, a common transmission speed for DSL or Cable connections)
SEMCAT Client Maintenance
Allied Strategy is responsible for posting a download link to the latest release of the SEMCAT Client on the Allied Strategy website.
If a User's SEMCAT Client becomes nonfunctional, the user should download and install the latest release of the SEMCAT Client.
If the latest release of the SEMCAT Client is nonfunctional, the user should contact Allied Strategy. If Allied Strategy concurs that the cause of failure is indeed the latest release of the SEMCAT Client, the User will be entitled to recourse as specified below.
SEMCAT Service Outages
Allied Strategy is responsible for allowing ongoing access to the SEMCAT Service.
If the SEMCAT Service becomes unavailable, the user should contact Allied Strategy. If Allied Strategy concurs that the cause of failure is indeed a fault in the SEMCAT Service, the User will be entitled to recourse as specified below
From time to time, Allied Strategy may be required to schedule a SEMCAT Service downtime in order to perform critical updates or maintenance. In this situation, Allied Strategy will endeavor to perform the scheduled maintenance at a time outside standard work hours (7 AM - 7 PM CST) in order to minimize impact on the User.
If the downtime is expected to be more than 5 minutes, or takes more than 5 minutes, Allied Strategy is required to deliver notification to the User via the SEMCAT Client startup screen or, if the SEMCAT Client is unreachable as a part of the scheduled maintenance, via E-Mail.
If Allied Strategy neglects to make these informational postings by the 5 minute mark, the scheduled maintenance is not considered proper, and any affected Users may call for recourse as specified below.
SEMCAT Autofill & Quote Accuracy
The User is responsible for confirming data input accuracy, including the confirmation of initial form data entry as well as the confirmation of all SEMCAT correlated form values.
User Responsibilities
To access and utilize the SEMCAT Service, the User must:
- Provide an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
- Provide a fully functional computer capable of running the SEMCAT Client;
- Have installed the latest release of the SEMCAT Client
Recourse Provisions
Recourse for periods of SEMCAT Client non-functionality, SEMCAT Service outages, or scheduled maintenance without proper notification: For each day that the User is unable to utilize SEMCAT due to the latest release of the SEMCAT Client being defective, a SEMCAT Service outage, or an improper scheduled maintenance event, the User is entitled to a credit of 1/4th of the User's monthly fee.
Maximum recourse for any given month for any given User is one month's SEMCAT Service fee. There are no refunds, as payments are made for past service. In the event of a user having a full month's credit, they will simply owe Allied Strategy nothing for that month. The credits outlined herein provide the sole monetary recourse path for Users.
Exceptions
No credits shall be issued in connection with any SEMCAT Service Outage or SEMCAT Client non-functionality caused by or associated with:
- Failure of power, facilities, equipment, applications, systems or connections at the User's location;
- Properly scheduled maintenance;
- Domain Name Service (DNS) issues outside the direct control of Allied Strategy;
- Disturbance due to the general infrastructure of Internet routing and relaying;
- User's acts or omissions, including without limitation, any negligence, willful misconduct, or use of the SEMCAT Client or SEMCAT Service in breach of SEMCAT's Terms and Conditions and Acceptable Use Policy, by User or others authorized by User;
- Any reason beyond the control of Allied Strategy; including, without limitation, acts of God or any governmental body, war, sabotage, fire, flood, earthquake or labor disturbance.
Clients must notify us via email to billing@semcat.net or via fax to 801.469.4253, indicating that they wish to pursue their rights as guaranteed by this SLA within 7 days of the incident. If a response from us is not received within 24 hours, the Client should assume that a technical difficulty has prevented us from receiving their request, and should contact our personnel via telephone at 866-355-9662. We are not required to provide SLA guaranteed service or refunds to Clients in default of their contractual obligations.
Account Termination
User can cancel at any time. Payment is month to month. Account charges are based on days of access to SEMCAT during your past month or billing cycle. Normally, you will be billed your plan's monthly amount per user, assuming each user had a full month's access.
If one of your users joined or left SEMCAT in that billing cycle, you will be billed only a pro-rated amount based on their days of access.
Details will be shown on your monthly billing statement. User will not be billed again after account termination, unless they sign up again for the SEMCAT Service.
General
Allied Strategy reserves the right to change or modify this SLA at any time without prior notice. Changes are effective upon posting at the Allied Strategy website. Except as set forth in this SLA, Allied Strategy makes no claims regarding the availability or performance of the SEMCAT Service or SEMCAT Client.
The credits described in this service level agreement provide your sole and exclusive remedy for service outages and/or interruptions in connectivity. Allied Strategy cannot under any circumstances issue credits other than those described in this Service Level Agreement.