Terms and conditions

SENTIENT SOLUTIONS LIMITED SERVICE LEVEL AGREEMENT (“SLA”)

Applicable to Sentient’s Scorebuddy Service (“SaaS Services”).

1. Scorebuddy’s Uptime Commitment

a. Subject to the terms of this SLA, each Scorebuddy will have a 99.5% Availability each calendar month (the “Uptime Commitment”).

b. The availability of the Scorebuddys for a given month will be calculated according to the following formula (referred to herein as the “Availability”):

Where: Total minutes in the month= TMM; Total minutes in month Unavailable = TMU; and: Availability = ((TMM-TMU) x 100)/TMM.

c. For purposes of this calculation, each Scorebuddy will be deemed to be unavailable to the extent the applicable Sentient Scorebuddy servers will not accept connections. A SaaS Service will not be deemed Unavailable for any downtime or outages excluded from such calculation by reason of the exceptions set forth below in this SLA. Sentient’s records and data will be the sole basis for all SLA calculations and determinations.

2. Maintenance and Other Exceptions

a. The Scorebuddy service will not be considered to be Unavailable for any outage that results from any maintenance performed by Sentient (i) of which Customer is notified at least 24 hours in advance; (ii) during Customer’s implementation period; (iii) during Sentient’s then-current standard maintenance windows (collectively referred to herein as “Scheduled Maintenance”); or (iv) as a result of Customer’s request outside of the normally scheduled maintenance.

b. The Scorebuddy service will not be considered Unavailable for any outage due to

  1. Customer’s Data or application programming, acts or omissions of Customer or its agents, failures of equipment or facilities provided by Customer, network unavailability or bandwidth limitations outside of the Sentient network;
  2. Issues arising from bugs or other problems in the software, firmware or hardware of Sentient’s suppliers; or
  3. Force majeure events. The configuration being provided under this SLA is based on assumptions made by Customer and based on information provided by a Customer. As a result, Sentient will not be responsible, under this SLA or otherwise, for any outages or performance issues caused by inaccuracies in these assumptions, including equipment and software failures or performance problems caused by traffic volume or the number of concurrent user sessions.

3. Configurations Changes; Customer Supported Software

This SLA is based on a standard configuration of the SaaS Services to provide the performance level contemplated by the Uptime Commitment in this SLA. If Sentient notifies Customer that it has determined that Customer’s configuration is not suited to provide this level of performance, this SLA will be suspended until Customer and Sentient agree upon and implement a new or modified configuration designed to provide this level of performance.

4. Remedies

a. Customer will have the rights set forth below relating to Sentient’s provision of the SaaS Services. This SLA provides Customer’s sole and exclusive remedy for Sentient’s failure to provide the SaaS Services or meet the Uptime Commitment. All standards and commitments are subject to the limitations and exclusions set forth herein.

b. If the Availability of the SaaS Service for a given month is less than the applicable Uptime Commitment, but 99% or higher, Customer will receive a 10% service credit for the affected SaaS Services for such month. If the Availability of Scorebuddys for a given month is 98% or higher but lower than 99%, Customer will receive a 25% service credit for the affected SaaS Services for such month. If the Availability of Scorebuddys for a given month is lower than 98%, Customer will receive a 50% service credit for the affected SaaS Services for such month.

c. In the event Customer is not current in its payment obligations when an outage occurs, remedies will accrue, but service credits will not be issued until Customer becomes current in its payment obligations.

d. To receive service credits, Customer must submit a written request to billing@scorebuddyqa.com within 30 days after the end of the month in which the Sentient failed to meet the Uptime Commitment, or Customer’s right to receive service credits with respect to such unavailability will be waived.

5. Support

Clients will receive proactive notification of system availability, production issues, scheduled downtime and pending updates through alerts posted on the login page.

Manned Support Hours are between 09:00 and 17:30 Mon-Fri GMT, support requests outside of these hours will be dealt with on a best endeavors basis.

Support Contacts: Email support@scorebuddyqa.com, Telephone: +353 1 4100729.

6. Privacy Policy

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service of the specific application, or as otherwise required by law.

We transfer information about you if Sentient is acquired by or merged with another company. In this event, Sentient will notify you before information about you is transferred and becomes subject to a different privacy policy.

7. Information Gathering or Usage

Sentient uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research. Sentient does not share your personal information with third parties, unless explicitly approved by you.

8. Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. Cookies are required to use the Sentient services. We use cookies to record current session information, but do not require permanent cookies.

9. Data Storage

Sentient may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our services. Although Sentient owns the code, databases, and all rights to the Sentient applications, you retain all rights to your data.

10. Disclosure

Sentient may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service of any of our applications.

11. Changes

Sentient may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Sentient service primary account holder account or by placing a prominent notice on our site. You retain the right to access, amend, correct or delete your personal information where it is inaccurate at any time. To do so, please contact support@scorebuddyqa.com.