4D Technologies Service Level Agreement
4D Technologies, LLC (dba CADLearning) (“4D Technologies”, “we”, “us”, “our(s)”) offers the CADLearning® online learning platform where users of Autodesk 2D and 3D design, engineering and entertainment software can access on-demand, customizable learning systems designed to identify and address knowledge gaps and obtain in-application support to maximize performance.
The terms of this Service Level Agreement (“SLA”) are applicable solely to those of our customers who are parties to an Enterprise Subscription Agreement (each, an “Enterprise Customer”).
All capitalized terms not defined herein have the meanings assigned to them in our Terms of Service.
- SERVICE AVAILABILITY COMMITMENT. We will make available to you, an Enterprise Customer, and your employees, students, or customers (each, an “Enterprise User”) those 4D Services for which you have subscribed with sufficient consistency that the Service Availability (as defined below) is at least 99.0% in any given month.
- “Service Availability” for a given month equals 100% less the Outage Percentage for that month.
- An “Outage” means a period of time during which Enterprise Users: (i) suffer a complete loss of access to the 4D Services; or (ii) experience a sustained and material degradation compared to normal system performance. An Outage does not include an Enterprise User’s loss of access to the 4D Services due to: (A) internet or other telecommunication errors or failures outside of our control; (B) failures attributed to your or their own equipment, including computer hardware and software; (C) other causes outside of our reasonable control; (D) any Maintenance (as defined below); (E) acts or omissions of you or them; or (F) any unauthorized use of the 4D Services by you or them.
- The “Outage Percentage” means the total duration (measured in minutes) of an Outage during a given month divided by the number of minutes elapsing during that month.
2.APPLICABILITY OF SERVICE COMMITMENT. This SLA is applicable only to Enterprise Customers. This SLA is not applicable to individual subscribers or to Enterprise Users.
3. OUTAGE REPORTING PROCESS. You or one of your Enterprise Users must inform our Customer Support Department in writing or by email within forty-eight (48) hours of the time you or that user first notices an Outage or first believes that there has been an Outage. Failure to comply with this requirement will forfeit your right to receive a remedy for the Outage as described in Section 5 of this SLA.
4. OUTAGE DISPUTES. If a dispute arises about whether or not an Outage occurred, we will make a determination in good faith based on our system logs, monitoring reports and configuration records, which we will make available for your review upon request.
6. MAINTENANCE. To enhance the performance of the 4D Services, we reserve the right to perform unscheduled emergency maintenance at any time. Additionally, we reserve the right to perform scheduled maintenance that is designed not to impact the 4D Services at any time. 4D Technologies will make commercially reasonable efforts to schedule maintenance between 12:00 p.m. Eastern Time on Fridays and 12:00 p.m. Eastern Time on Sundays (the “Regular Maintenance Period”). 4D Technologies will also attempt to notify Customer at least 24 hours in advance of any maintenance that does not fall within the Regular Maintenance Period.
7. THIS SERVICE LEVEL AGREEMENT WAS LAST UPDATED May 21, 2020. We reserve the right to update this SLA at any time by posting such changes on the Website through which you are accessing the 4D Products and the 4D Services. All such changes will be effective from the date on which they are posted and your continued use of the 4D Products and the 4D Services thereafter serves as your acceptance of such changes. You should check this SLA from time to time to read what, if any, changes have been made.