Service Level Agreement (SLA)
for Website Availability
Updated: December 26, 2023 10:13 am EST
Updated: December 26, 2023 10:13 am EST
The website aims to achieve an uptime of 99.9% over any calendar month.
The measurement period for uptime calculations is based on a monthly cycle.
Uptime % = (Total minutes in the month - Downtime minutes) / Total minutes in the month * 100
Downtime is defined as any period during which users cannot access the website due to unplanned outages or scheduled maintenance.
To view the monthly reports outlining uptime performance, please visit: https://truckindigitalapp.statuspage.io/
In the event of downtime exceeding 0.1%, Truckin Digital will notify the client promptly, providing details and expected resolution times.
Truckin Digital commits to responding to reported incidents within 1 hour and commits to resolving critical incidents affecting website availability within 24 hours.
In the event of uptime falling below the agreed-upon threshold, compensation will be provided as follows:
Downtime Credits will be provided based on the percentage of uptime achieved during that month.
Downtime Credits = (99.9% - Actual Uptime %) * Monthly Service Fee
Customer has 30 days from date of downtime to request compensation for downtime by sending an invoice to accounting@truckindigital.com for SLA Downtime based upon section 9.1 formula. After 30 days, the compensation will be void.
Includes without limitation: (a) all costs and reasonable attorneys’ fees paid or payable by an Indemnitee defense of any claim subject to indemnification under Section 14.10, whether prior to, at trial or any other proceeding and in any appeal or other post judgment proceeding; and (b) all losses and damages incurred by any of the Indemnitee and all damages paid or payable to any other person, including without limitation, for property damage and for personal injury, sickness and death; (c) all interest, costs, fines, taxes, premiums, assessments, penalties, and expenses; and (d) all other liabilities of any kind or nature.
The indemnification obligations described above will not apply to a Loss to the extent that Loss was caused by: (a) the Indemnitees’ negligent acts or omissions; (b) the Indemnitees’ breach of any representation, warranty or covenant in this Agreement or elsewhere; (c) the Indemnitees’ intentional misconduct; or (d) the Indemnitees’ violation of any applicable law.11.3 Under no circumstances shall Truckin Systems LLC. be liable to the Company or anyone claiming through the Company for loss of profits, loss of use, or incidental, special, or consequential damages, whether based on contract, tort, strict liability, or any other theory or form of action, even if Truckin Systems LLC. has been advised of the possibility of any of the foregoing, arising out or for in connection with the Services. By way of example and not limitation, Truckin Systems LLC. shall not be liable for personal injury or property damage.
Each Party represents that it validly exists in good standing; it has the requisite power and authority to execute, deliver, and perform its obligations hereunder; and it is not a Party to any Agreement with a third party, the performance of which is reasonably likely to affect adversely its ability or the ability of the other Party to perform fully its respective obligations hereunder.
Truckin Systems LLC. warrants for a period of one year from the date of shipment or download notification by Truckin Systems LLC. to Company, Truckin Systems LLC.’s reseller, and/or the reseller’s companies, as applicable, that the Software, in its unmodified form as initially delivered, will perform in all material respects in accordance with Truckin Systems LLC.’s published specifications. Truckin Systems LLC.’s sole obligation and liability shall be to replace or repair, at Truckin Systems LLC.’s option, the Software found to be defective and subject to this warranty so that it will perform in material conformance with the applicable published specifications.
EXCEPT AS OTHERWISE PROVIDED, TRUCKIN SYSTEMS LLC. AND EACH SUPPLIER OFASSOCIATED SOFTWARE AND SOFTWARE COMPONENTS INCLUDED IN THE TRUCKIN SYSTEMSLLC. SOLUTION DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDINGWARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, QUALITY PERFORMANCE, ANDFITNESS FOR USE, OR FOR A PARTICULAR PURPOSE. TRUCKIN SYSTEMS LLC. DOES NOTWARRANT THAT THE SOFTWAREWILL BE ERROR-FREE OR WILL OPERATE WITHOUTINTERRUPTION. SOME STATES PROHIBIT EXCLUSION OR LIMITATION OF DAMAGES FORCONSUMER PRODUCTS. IF COMPANY’S PRINCIPAL PLACE OF BUSINESS IS LOCATED IN ONEOF THESE STATES, THESE LIMITATIONS MAY NOT APPLY TO COMPANY. THISWARRANTYPROVIDES COMPANY WITH SPECIFIC LEGAL RIGHTS, AND COMPANY MAY HAVEOTHERS DEPENDING ON THE STATE IN WHICH COMPANY’S PRINCIPAL PLACE OF BUSINESS ISLOCATED.
IN NO EVENTSHALL TRUCKIN SYSTEMS LLC., ITS SUPPLIERS, OR ITS PARTNERS BE LIABLE TO COMPANY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF BUSINESS, REVENUE, SAVINGS, PROFITS, USE, DATA, GOODWILL, OR ANY OTHERDAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, TORTOR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, INABILITYTO USE, UNAUTHORIZED ACCESS, LOSS OF DATA, INCLUDING BUT NOT LIMITED TO,COMPANY DATA, OR PERFORMANCE OF THE SOFTWARE OR ANY TRUCKIN SYSTEMS LLC.PRODUCT EVEN IF TRUCKIN SYSTEMS LLC. HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGE OR OTHER CLAIMS.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANYFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, TRUCKINSYSTEMS LLC.’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, PRODUCT LIABILITY,NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATEROF $1.00 OR THEFEES PAID BY COMPANY FOR THE APPLICABLE SOFTWARE. The limitations and exclusions of Truckin Systems LLC.’s liability described in this section also apply to any third-party supplier of materials supplied to Licensee and included in the Truckin Systems LLC. Solution. The limitations and exclusions of the liabilities of Licensor and its third-party supplier(s) are not cumulative. Each such third-party supplier is an intended beneficiary of this section.
This SLA will be reviewed periodically and may be amended by Truckin Digital. Truckin Digital will notify customers about amendments.