Service Level Agreement

1. Introduction

1.1 This Service Level Agreement (SLA) forms part of the Customer Agreement between FaultPilot Technologies Pty Ltd (ACN 687 468 202) (FT, we or us) and the Customer.

1.2 This SLA sets out the service levels, support commitments, and remedies applicable to the FaultPilot platform.

2. Definitions and Interpretation

2.1 In this SLA:

Business Hours means 8:00 AM to 6:00 PM AWST (Australian Western Standard Time), Monday to Friday, excluding public holidays in Western Australia.

Customer Agreement means the written agreement between FT and the Customer under which FT permits the Customer to use the FaultPilot platform.

Downtime means any period during which the FaultPilot platform is completely unavailable to the Customer, or a critical function is inoperable affecting all the Customer's users, excluding:

1. Scheduled Maintenance;
2. Excused Downtime; and
3. any unavailability resulting from the Customer's breach of the Customer Agreement or any act or omission of the Customer.

Excused Downtime means any unavailability caused by factors outside our reasonable control, including force majeure events, third-party service outages, Customer equipment or connectivity issues, or Customer actions or omissions.

Incident means any unplanned interruption to, or reduction in the quality of, the FaultPilot platform.

Scheduled Maintenance means planned maintenance windows communicated to the Customer at least 48 hours in advance.

Support means the support described in clause 6.3 but excluding the support described in clause 6.4.

Uptime Percentage means the total minutes in the applicable calendar month, minus Downtime minutes, divided by total minutes in the month, expressed as a percentage as follows:

((Total minutes in the month − Downtime minutes in the month) / Total minutes in month) × 100.

2.2 In this SLA, unless the contrary intention appears:

1. the singular includes the plural and the plural includes the singular;
2. another grammatical form of a defined word or expression has a corresponding meaning; and
3. a reference to any agreement, document or materials is to that agreement or document, or those materials, as amended, updated, novated, supplemented or replaced.

3. Platform Availability

3.1 We will use commercially reasonable endeavours to maintain an Uptime Percentage for the FaultPilot platform of 99.5% in each calendar month.

4. Scheduled Maintenance

4.1 We will conduct Scheduled Maintenance during off-peak hours where practicable, typically between 10:00 PM and 4:00 AM AWST.

4.2 We will provide at least 48 hours' email notice of Scheduled Maintenance to the Customer's nominated contact.

4.3 Emergency maintenance required to address security vulnerabilities or critical system issues may be performed with less than 48 hours' email notice. We will provide as much notice as reasonably practicable in the circumstances.

5. Incident Classification and Target Response Times

5.1 We will use commercially reasonable endeavours to respond to Incidents in accordance with the following classifications:

5.2 Target Response Time means the target timeframe from when we receive full details of the Incident to the time we acknowledge the Incident and begin investigation.

5.3 Target Resolution Time means the target timeframe within which we aim to resolve the Incident or provide a workaround.

5.4 Response Times and Resolution Targets are targets only and are not guaranteed.

6. Reporting Incidents and Support

6.1 Support is available during Business Hours via email at support@faultpilot.com.au. You must provide us with reasonable assistance in order to identify and resolve any Incident.

6.2 Severity 1 (Critical) Incidents may be reported outside Business Hours via the emergency contact details provided in the Customer Agreement.

6.3 Support covers:

1. platform availability and performance issues;
2. user account and access issues;
3. guidance on platform functionality; and
4. bug reports and defect resolution.

6.4 Support does not cover:

1. issues arising from Customer modifications or integrations not authorised by us;
2. issues arising from Customer equipment, network, or connectivity;
3. training beyond initial onboarding; or
4. custom development or feature requests.

6.5 Where we reasonably determine that an Incident arises as a result of any of the circumstances described in clause 6.4, or if there is no Incident at all, we may charge you on a time and materials basis at our then current rates for investigating that Incident, or determining that there was no Incident.

7. Service Credits

7.1 If the Uptime Percentage in any calendar month falls below 99.5%, the Customer may request a service credit by notice within 30 days of the end of the affected month.

7.2 Service credits are calculated as follows:

7.3 Service credits will be applied to the next monthly invoice. Service credits are the Customer's sole and exclusive remedy for any failure to meet any of the service levels in this SLA.

7.4 The maximum aggregate service credit in any calendar month will not exceed 20% of the monthly fee for the affected site.

8. Reporting

8.1 Upon request, we will provide the Customer with a monthly availability report detailing the Uptime Percentage for the applicable period.

8.2 Incident reports for Severity 1 and Severity 2 Incidents will be provided within 5 Business Days of resolution, including root cause analysis and any corrective actions taken.

9. Review

9.1 This SLA will be reviewed at least annually and may be updated by us from time to time. Material changes will be communicated to the Customer at least 30 days prior to taking effect.

10. Our obligations under this SLA

10.1 We have no obligations under this SLA during any time that the Customer is in breach of any of its obligations under the Customer Agreement (including when the Customer is late in paying any amount due under the Customer Agreement).