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Service Level Agreement

Visionaire Cloud Service Level Agreement
IMPORTANT - READ CAREFULLY : This VisionAIre Cloud Service Level Agreement (“SLA”) contain the legal terms and conditions between PT Nodeflux Teknologi Indonesia (“Nodeflux”, “we”, “our” or “us”) and End User of our services (“you”, “your” or “yours”), and constitutes as the policy in using our VisionAIre cloud services that we provide as on https://www.nodeflux.io/, https://cloud.nodeflux.io/, https://docs.nodeflux.io/ and any related sites (the “Site”) and our online-accessible Software, Documentation, Forums, and Content and other related to Nodeflux services. You are advised to read this SLA carefully, because this SLA affects both directly or indirectly to your rights and / or obligations in using our services. By installing, registering and / or using Nodeflux services, you are deemed to have read, understood and agreed to all contents in this SLA without exception, including but not limited to any updates, additions and / or changes that may be made by Nodeflux from time to time. If the User does not agree to one, part or all of the contents of this SLA, you are not permitted to install, register and / or use the Nodeflux services. In addition, by installing, registering and / or using the Nodeflux services updates or other components of the Nodeflux services that you receive separately from the Nodeflux services, then you are deemed to have read, understand and agree completely to be bound by the Renewal, including but not limited to any additional provision(s) that accompany it. However, if you do not agree to one, part or all of the contents of the update, then you are not permitted to install, register and / or use the update.

Definitions

  • A “Balance” is in balance with the currency of IDR (Indonesian Rupiah), which is calculated as mentioned further under this SLA below, that we may refund to an eligible account.
  • “Monthly Uptime Percentage” shall mean the calculation as the average of the Availability of all 1 (one)-minute intervals in a monthly billing cycle. Such calculation shall exclude downtime which results from directly or indirectly from any Visionaire SLA Exclusion.
  • “Availability” shall mean the calculation within each 1 (one)-minute interval as the percentage of Requests which are processed by VisionAIre Cloud that do not fail due to Errors and/or any other related matters solely to the provisioned Visionaire Cloud function. In the event that you did not make any Requests within such a given 1 (one)-minute interval, thus, such interval shall be deemed to be 100% available.
  • “Request” shall mean the total number of requests made by you to an Visionaire Cloud API as listed in the Visionaire Cloud Asynchronous APIs Documentation.
  • An “Error” is any Request that responds with an error code in the 5xx range, e.g. 500 or 503.

Service Commitment

Nodeflux will use commercially reasonable efforts to make VisionAIre Cloud available with a Monthly Uptime Percentage within the period of any monthly billing cycle (the “Service Commitment”). In the case that VisionAIre Cloud is unable to meet the Service Commitment, therefore, you shall have the right to have your Balance be returned with the terms and conditions as described further below.

Balance

Balance shall be calculated as a percentage of the following charges paid by You for the applicable or selected VisionAIre Cloud API service, for the monthly billing cycle in which the applicable Monthly Uptime Percentage with the following ranges as set forth in the table below:
Monthly Uptime Percentage
Balance Percentage
Less than 98% (Low)
10% (ten percent)
Less than 95% (Medium)
50% (fifty percent)
Less than 90% (Critical)
100% (hundred percent)
We will charge You with any Balance only against future VisionAIre Cloud payments otherwise due from you. we may discreetly issue the Balance to the credit card or any other media that You used to pay for the billing cycle in which the unavailability occurred. Please note that you will not be entitled to any refund or other payment from VisionAIre Cloud. Balance will be applicable and issued only when the credit amount for the applicable monthly billing cycle is more than hundred thousand Indonesian Rupiah (IDR 100,000.00). The Balance can not be transferred, assigned or applied to any other account. Unless otherwise provided in this SLA, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide VisionAIre Cloud service is the receipt of Balance (if eligible) in accordance with the terms of this SLA.

Balance Request and Payment Procedures

To receive a Balance, You are required to submit a claim by submitting a support ticket in Nodeflux Freshdesk. To be eligible, the Balance request must be received by us by the end of the second billing cycle after which the incident occurred and shall include the followings:
  1. 1.
    You must state “SLA Balance Request” in the subject line;
  2. 2.
    You must state the range of period where the Error occur;
  3. 3.
    You must inform us with The billing cycle with respect to which you are claiming the Balance, together with the Monthly Uptime Percentage for that VisionAIre Cloud for the billing cycle and the specific dates, times, and Availabilities for each 1(one)-minute interval with less than 100% Availability in Visionaire Cloud throughout the billing cycle; and
  4. 4.
    You must provide us with Your Request logs that document the Errors for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
Once the Monthly Uptime Percentage of the abovementioned balance request has been confirmed by Us and is less than the Service Commitment, therefore, we will issue the Balance to you within one billing cycle following the month in which such Balance request occurred. Your failure to provide the Balance request and other required information as mentioned above, we will have you disqualified from receiving the Balance.

Visionaire Cloud SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension, or termination of VisionAIre Cloud, or any other VisionAIre Cloud performance issues which:
  1. 1.
    Caused by factors or any means which reasonably out of our reach or capability for us to control, including but not limited to, any force majeure event or Internet access or related problems beyond the demarcation point of VisionAIre Cloud;
  2. 2.
    That result from any voluntary actions or inactions from You or any other third party, including but not limited to,scaling of provisioned capacity, misconfiguration security groups, VPC configurations or credential settings, and disabling encryption keys or making the encryption keys inaccessible;
  3. 3.
    When you have been Well-informed by us in regard with the downtime for VisionAIre Cloud maintenance;
  4. 4.
    That result due to your failure to comply with the best practices as described in the Nodeflux Fundamentals Documentation;
  5. 5.
    That result from your equipment, inputs (including but not limited to images and videos), software or other technology and/or third party equipment, inputs, software or any other technology (other than third party equipment within our direct control); or
  6. 6.
    Arising due to our suspension and termination of Your right to utilize VisionAIre Cloud as stipulated under this SLA and Policies (collectively, the “VisionAIre Cloud SLA Exclusions”).
In the event that the availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, consequently we have the right to issue the Balance considering such factors solely to our discretion.