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By entering, connecting to, accessing or using the Site and/or the Account and/or using any of the Products and Services, you acknowledge that you have read and understood the following provisions of this Service Level Availability (“SLA“) and you agree to be bound by them and to comply with all such provisions regarding your use of the Site, Account and the Products and Services and you acknowledge and agree that this SLA constitutes a binding and enforceable legal contract between Tecorp Advisory Group Corp. and you.
Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms, the SLA or the Privacy Policy, as applicable.
IF YOU DO NOT AGREE TO THIS SLA, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE, ACCOUNT AND/OR ANY OF THE PRODUCTS AND SERVICES.
Customer is fully aware and acknowledges that although the Products and Services are operational and available to at least 99.9% of the time, there is still a portion of the Products and Services, for various and multiple reasons, that may not be provided free and clear of interruptions and underperformance, at all times.
The following definitions shall apply to this SLA:
This SLA shall apply to the Products and Services of the Company as such are described in the Company’s Terms of Use available at: www.tecorpcloud.com (the “SLA Services“)
In the event that Tecorp fails to meet such guarantee for service availability as set forth in Section 2 above hereto, Tecorp shall consider, at its sole and absolute discretion and as an act of good faith, to refund or credit the Customer with the lower of (a) US$3,000 or (b) an amount equal to one month of billing.
In order for the Customer to be eligible to receive any refund under this SLA, the Customer should act and comply as follows:
Customer shall NOT receive any refund or credit under this SLA in connection with any failure of Tecorp to provide the SLA Service caused by:
Without derogating from the above, Tecorp shall only offer service level refund or credit in case of underperformance from Tecorp’s part only, in accordance with the terms and conditions of the Terms and this SLA, and shall neither be liable nor offer any refund or credit, in any case of underperformance of any third party, including, without limitation, factors outside of reasonable control, avoidance to implement Tecorp’s instructions and modifications and acts or omissions of the Customer or any of customer’s employees, agents, contractors, vendors or anyone else on behalf of the Customer.
Without derogating from the above and for the removal of any doubt, this SLA does not cover any unavailability, partial availability, inapplicability and/or malfunction of the SLA Services, derived and/or resulted by any actions, omissions or malfunctions of third parties, including without limitation, any network and communication suppliers, infrastructure suppliers, cloud services suppliers and hardware suppliers.
This SLA and any of the provisions hereto shall cease to be valid and shall immediately expire if such provisions are contrary to the provisions Tecorp is bound by under those SLA’s executed by Tecorp and any of Tecorp’s providers.
To remove any doubt AND NOTWITHSTANDING ANY OF THE ABOVE, TECORP reserves the right to reject any CLAIM FOR refund OR CREDIT to the Customer under this SLA, at Tecorp’s sole discretion and for any reason.
Neither party shall in any event be held liable with respect to the other party or to others for losses or damages caused by non-performance, or a delay in the performance, of their obligations under this SLA, to the extent that the same resulted from circumstances amounting to force majeure, including, inter alia, strikes, riots, fires, floods, war, terror attacks, hurricanes, earthquakes, windstorms, acts of God and acts of the state or of public authorities, or other causes beyond the reasonable control of the party affected thereby.