SERVICE LEVEL AGREEMENT (SLA)

RAM Assess Tier 2 (Cost Reduce) & Tier 3 (Transform)

1. Integration with Main Agreement

1.1 This SLA forms an integral part of the Terms of Use between us (“Main Agreement”) and is subject to all terms, conditions, and definitions therein, including but not limited to indemnity, limitation of liability, and warranty disclaimers. In the event of any conflict between this SLA and the Main Agreement, the Main Agreement will prevail. In the event of any conflict between this SLA and the Main Agreement, the Main Agreement will prevail.

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1.2 This SLA will be specifically entered into between us, Clarity Environmental Limited, and a B2B Enterprise User.

2. Service Commitment

2.1 We will use reasonable endeavours to ensure that the Service is available 80.0% of the time in each calendar month, during business hours, as set out in the Main Agreement, excluding:

1. Scheduled maintenance (with reasonable advance notice);
   
2.  Emergency maintenance; and
   
3. Downtime due to your breach of this Agreement, Platform failure, or factors beyond our control (including third-party service failures, Force Majeure, or internet service outages).
   
4. For the purposes of this SLA, Force Majeure means any event beyond a Party’s reasonable control including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation, energy, labour or materials.
   

2.2 "Available" means that the Software is accessible and functional, excluding cosmetic or non-critical issues that do not materially impair use.

2.3 Availability targets are goals and not guarantees. Minor performance degradations or partial outages that do not materially impair core functionality will not be deemed a breach of this SLA.

2.4 To the fullest extent permitted by law, we exclude liability for any indirect, incidental, consequential or special, damages arising out of or related to this SLA or the provision of the Service, including but not limited to loss of profits, loss of data, or business interruption.

3. Uptime Measurement and Reporting

3.1 Uptime will be measured monthly using automated monitoring tools excluding scheduled and emergency maintenance periods. We will provide you with monthly uptime reports upon request.

4. Support Hours and Response Times

4.1 Support is available during Business Hours (09:00 to 17:00 UK time, Monday to Thursday, and 09:00 to 16:00 UK time, Fridays excluding public holidays in England and Wales) via ram@clarity.eco or 0845 129 7177.

4.2 Outside of Business Hours, you can visit our in-platform support portal where you can find help topics, Frequently Asked Questions and the ability to raise a support ticket in-platform.

4.3 We will use reasonable endeavours to respond to support tickets within the following timeframes:

4.4 The stated support response times are targets and not guaranteed. Support availability and response times may be affected by circumstances beyond our control, including but not limited to third-party service disruptions, and we will not be liable for any delays in responding.

4.5 Although we will use every reasonable endeavour to respond within the stated timeframes, you acknowledge and agree that certain significant or complex issues may require longer to resolve in the best interests of user accuracy and compliance. In such cases, fixes may involve multiple developers and take several days to complete. We reserve the right to extend response and resolution times accordingly, while keeping you informed of progress.

4.6 Support Escalation

1. If you do not receive a response within the stated response timeframes, you may escalate the issue by contacting us at ram@clarity.eco.
   
2. We will acknowledge escalations within 24 Business Hours and provide updates every Business Day until resolution. However, complex issues may require extended resolution times as described elsewhere in this SLA.
   

5. Data Backup and Disaster Recovery

5.1 Except for RAM Transform membership tier users as defined in Schedule 1, we do not provide data backup or disaster recovery services. You are solely responsible for maintaining backups of your Company Data stored outside the Platform. We disclaim all liability for any data loss or unavailability except as required by law.

6. Customer Responsibilities

6.1 You are responsible for maintaining compatible Devices, software, and internet connectivity necessary to access and use the Service effectively. We are not liable for any failure or degradation of Service caused by your equipment, software, connectivity or failure to comply with your obligations under the Agreement or this SLA.

7. Maintenance

7.1 We may carry out routine maintenance outside of Business Hours where practicable.

7.2 Where planned maintenance may result in downtime, we will give you at least 48 hours’ prior notice by email or via the Platform.

7.3 Emergency maintenance may be performed without advance notice where required to address urgent performance or security issues.

8. Exclusions

8.1 This SLA does not apply to:

1. Any version of the Service designated as beta, trial, or preview;
   
2. Any tier below the
   
3. Downtime or degradation caused by your equipment, internet connection, or failure to comply with clause 6 (Access and Data) of the Main Agreement;
   
4. Force Majeure events or third-party platform failures;
   
5. Any unauthorised use, modification, or integration of the Service.
   

9. Security Incident Notification

9.1 We will notify you without undue delay and in any event within 72 hours on becoming aware of any security incident that may affect the confidentiality, integrity, or availability of the Service or your Company Data, subject to applicable laws and regulations.

10. Communication Protocols

10.1 All SLA-related notices, including requests for service credits or escalations, must be sent to ram@clarity.eco or such other contact details as notified by us. We will communicate any changes to contact details with at least 30 days’ prior notice.

11. Customer Acknowledgements

11.1 You acknowledge that:

1. You are solely responsible for verifying the accuracy of data input and the validity of any output generated;
   
2. Reports generated by the Service are based entirely on data you provide and are not guaranteed to be accurate or suitable for regulatory or commercial reliance without independent assessment;
   
3. You must maintain appropriate professional indemnity or business insurance to mitigate any risk arising from use of the Service or reliance on any report.
   

12. Changes to This SLA

13. Governing Law and Jurisdiction