SERVICE LEVEL AGREEMENT

Updated January 16, 2025

ImageTrend is committed to offering exceptional levels of service to our customers. This Service Level Agreement (“SLA”) guarantees your website or application’s availability, reliability and performance. This SLA applies to any site or application hosted on our network.  

1. Customer Support

ImageTrend is committed in providing an exceptional level of customer support. ImageTrend’s servers are monitored 24 hours per day, 7 days per week, 365 days per year and our support staff is available via phone (888.469.7789) and email (https://www.imagetrend.com/support) as posted on the company’s website. ImageTrend works to promptly resolve all issues reported by customers, and will acknowledge the disposition and potential resolution according to the chart below:

2. Data Ownership

All customer data collected and maintained by ImageTrend shall at all times remain the property of the customer. 

3. Data Protection

ImageTrend takes data privacy and cybersecurity very seriously. ImageTrend utilizes compliant and industry recognized best practices to ensure data security, and does not use or make available any personally identifiable information to third parties without customer consent or as required by law. ImageTrend acknowledges that its handling of information on behalf of customers may be subject to federal, state or local laws, rules, regulation and restrictions regarding the privacy of consumer information. ImageTrend agrees to comply with all of such laws, rules, regulations and restrictions at its sole cost and expense. 

4. Suspension of Service

ImageTrend reserves the right to suspend and limit network resources to customers failing to pay the monthly fee in advance at its own discretion. In the event of service suspension, full service delivery will be restored within 48 hours from the date and time that payment is received.

5. Availability

ImageTrend is fully committed to providing quality service to all customers. To support this commitment, ImageTrend offers the following commitments related to application server Availability:

Availability Objective: ImageTrend will provide 99.5% Availability (as defined below) for the ImageTrend network services within ImageTrend’s Immediate Control.  For purposes, hereof, "Availability” or “Available” means the ImageTrend Services are available for access and use through the Internet.

“Immediate Control” includes ImageTrend’s network services within the ImageTrend data center which extends to, includes and terminates at the Internet Service Provider (“ISP”) circuit termination point on the router in ImageTrend's data center (i.e., public Internet connectivity).

Specifically excluded from the definition of “Immediate Control” are the following:

1. Equipment, data, materials, software, hardware, services and/or facilities provided by or on behalf of Client or a third-party entity (or any of their vendors or service providers) and Client’s or a third party entity’s network services or end-user hardware.
2. Acts or omissions of Client, their employees, contractors, agents or representatives, third party vendors or service providers or anyone gaining access to the ImageTrend Services at the request of Client.
3. Issues arising from bugs, defects, or other problems in the software, firmware, or hardware of third parties.
4. Delays or failures due to circumstances beyond ImageTrend’s reasonable control that could not be avoided by its exercise of due care.
5. Any outage, network unavailability or downtime outside the ImageTrend data center.

Availability Calculation: Availability is based on a monthly calculation.  The calculation will be as follows: ((a – b) / a) x 100, where “a” is the total number of hours in a given calendar month, excluding Scheduled Maintenance (as defined below), and “b” is the total number of hours that service is not Available in a given month. 

Offline Capability: The Software may have offline capability which provides redundancy when network or server back-end capability is not available. Periods of time when the Software’s primary functions continue to function offline shall be excluded from the unavailability calculation “b” above.

Scheduled Maintenance: ImageTrend conducts scheduled maintenance, as necessary, every last Wednesday of the month. ImageTrend will perform scheduled maintenance within that maintenance window between the hours of 9:00 p.m. CST to 11:00 p.m. CST. ImageTrend may change the regularly scheduled maintenance window from time to time at ImageTrend’s discretion upon reasonable notice to Client.

Service Disruption: Upon customer’s written notice to ImageTrend, if Availability for the month is below the guaranteed level, ImageTrend will issue a credit to customer in accordance with the schedule below:

Availability:  

• 99.0% - 99.5% = 5% of monthly hosting fee credited
• 95.0% - 98.99% = 10% of monthly hosting fee credited
• 90.0% - 94.99% = 15% of monthly hosting fee credited
• 89.99% or below = 2.5% for every 1% of lost Availability (in no event exceeding 50% of monthly hosting fees)

ImageTrend maintains precise and objective Availability metrics, which shall be determinative when calculating any customer requested credit. ImageTrend maintained Availability metrics shall only be requested in good faith to address material customer concerns. To receive a credit, customers must specifically request it during the month following the month for which the credit is requested. Credits shall not be issued if a customer account is past due, suspended or pending suspension.

6. General

ImageTrend reserves the right to change or modify this SLA and the related services being provided to benefit its customers, including changes to hosting environments and infrastructure, provided that any such changes shall adhere to the regulatory guidelines and best practices referenced herein.