NDSS Academy Pvt. Ltd. Service Level Agreement (SLA)
All capitalized terms not defined herein have the meanings assigned to them in our Terms of Service.
The terms of this SLA are applicable solely to Users of the NDSS Academy Services that are registered for services.
- Service Availability Commitment. The NDSS Academy Services provided by NDSS Academy Pvt. Ltd. under the applicable service agreement through one or more of our Websites, including access to educational videos, shall be available for use by the Users with sufficient consistency that the Service Availability (as defined below) is at least 99.0% in any given month. “Service Availability” means the actual time in a given month during which the NDSS Academy Services are available for Users to access free of any Outage (as defined below). An “Outage” means the minutes in a given month during which Customer: (i) suffers a complete loss of access to the NDSS Academy Services; or (ii) experiences a sustained and material degradation compared to normal system performance. An Outage does not include User’s loss of access to the NDSS Academy Services due to: (A) internet or other telecommunication errors or failures outside of NDSS Academy Pvt. Ltd.’ control; (B) failures attributed to User’s own equipment, including computer hardware and software; (C) other causes outside of NDSS Academy Pvt. Ltd.’ reasonable control; (D) any Regular Maintenance (as defined below); (E) acts or omissions of User; or (F) any unauthorized use of the NDSS Academy Services by Users.
- Outage Reporting Process. User must inform NDSS Academy Pvt. Ltd.’ User Support Department in writing or by email within forty-eight (48) hours of the time it first notices an Outage or first believes that there has been an Outage. Failure to comply with this requirement will forfeit Customer’s right to receive a remedy for the Outage as described in Section 5 of this SLA.
- Outage Disputes. If a dispute arises about whether or not an Outage occurred, NDSS Academy Pvt. Ltd. shall make a determination in good faith based on its system logs, monitoring reports and configuration records, which NDSS Academy Pvt. Ltd. shall make available for Customer’s review upon request. The “Outage Percentage” means the total duration of an Outage during a given month divided by the total time during such month.
- Applicability of Service Commitment. This SLA is applicable only to individuals who directly subscribe for the NDSS Academy Services.
- Remedy. If the Service Availability falls below ninety-nine percent (99%) for a given month, then as its sole and exclusive remedy for any failure of the NDSS Academy Services under this SLA or the Terms of Use, Customer shall receive a extended ‘Service’ duration same as ‘Outage’ service disruptions.
Maintenance. To enhance the performance of the NDSS Academy Services, NDSS Academy pvt. ltd. reserves the right to perform unscheduled emergency maintenance of the websites and related software at any time. Additionally, NDSS Academy Pvt. Ltd. reserves the right to perform scheduled maintenance that is designed not to impact the Software at any time. NDSS Academy Pvt. Ltd. will make commercially reasonable efforts to schedule maintenance between 12:00 p.m. on Fridays and 12:00 p.m. on Sundays (the “Regular Maintenance Period”). NDSS Academy Pvt. Ltd. will also attempt to notify Customer at least 24 hours in advance of any maintenance that does not fall within the Regular Maintenance Period.
