Service Level Agreement

Effective: January 1st, 2020

 

This Service Level Agreement applies to SmarTECHS, LLC (“SmarTECHS”) customers with active enterprise level subscriptions to SmarTECHS’s Services (each, a “Client”). For its Clients, SmarTECHS will provide the following service levels for the Services as set forth below.

 

1. Service Availability. SmarTECHS will use commercially reasonable efforts to make the Services available at least 97.5% of the time in a Reporting Period (“Service Availability Commitment”), excluding for Maintenance Time and Excluded Time.

  • (a) “Maintenance Time” means the time (in minutes) for (i) maintenance periods scheduled with advance notice to Client to perform system maintenance, backup, and system updates and upgrades for the Services and (ii) emergency unscheduled maintenance. Emergency maintenance will be undertaken when, in SmarTECHS’s sole reasonable discretion, it is deemed necessary to prevent prolonged loss of Service Availability, harm to SmarTECHS’s systems, or other material adverse consequences. SmarTECHS will endeavor to provide advance notice of such maintenance to Client when practicable, depending on the circumstances.
  • (b) “Excluded Time” means any time (in minutes) the Services are unavailable to Client due to: (i) any event or circumstance beyond the reasonable control of SmarTECHS, including natural catastrophes, governmental acts, war, terrorism, labor strikes or difficulties, interruptions or failure of the Internet, failures of third-party network connections, or service outages of third-party service providers; (ii) Client’s programming of or modifications to its APIs in a manner that affects its ability to interact or communicate with the Services; (iii) equipment, software, or other technology of Client or a third party that are not within the primary control of SmarTECHS; (iv) Client’s use or attempted use of the Services in a manner not approved or authorized by SmarTECHS, and/or (v) interruptions caused by the negligence, error, or omissions of Client.
  • (c) “Reporting Period” means a calendar month.
  • (d) “Unscheduled Downtime” means total time in minutes of any unavailability of theServices that occurs other than due to Maintenance Time or Excluded Time.
  • (e) “Services” has the meaning described in the Underlying Agreement.
  • (f) “Service Availability” will be calculated for each Reporting Period as follows, expressed as a percentage:
  • (g) “Underlying Agreement” means the agreement between SmarTECHS and Client pursuant to which SmarTECHS provides the Services, which may be the SmarTECHS Terms of Service, or the Master Services Agreement between SmarTECHS and Client, as applicable.

2. Defined Terms. Capitalized terms will have the meanings provided in this Section 2 or as otherwise defined in this Service Level Agreement:

 

3. Service Credits for Service Availability. If SmarTECHS does not meet the Service Availability commitment in a Reporting Period, Client will be eligible to receive a service credit equal to:

 

SERVICE AVAILABILITYCREDITS
< 95.5% – 97.5%5% of the applicable Fees paid by Client for the Reporting Period
Less than 95.5%10% of the applicable Fees paid by Client for the Reporting Period

4. Request for Service Credit. Client must make a request for a credit within ten business days after the end of the relevant Reporting Period. All credit requests will be verified against SmarTECHS’s system records. The service credits will then be applied to reduce, on a dollar for dollar basis, the amount payable by Client for the following Reporting Period.

 

5. Termination. Client may terminate the Underlying Agreement upon fifteen days’ written notice to SmarTECHS if the Service Availability falls below 95.5% in each of three consecutive Reporting Periods or four or more Reporting Periods in a six-month consecutive period. Client must exercise the termination right within 5 business days of the end of such three-month or six- month period, as applicable. If Client exercises its right to terminate pursuant to this Section 5, Client will not be entitled to any service credits.

 

6. Sole Remedy. This Service Level Agreement sets forth Client’s sole and exclusive remedy for SmarTECHS’s failure to meet the Service Availability Commitment.

 

7. No Other Modification. Except as expressly provided herein, the Underlying Agreement remains unmodified in all respects and in full force and effect. This Service Level Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any disputes arising out of this Service Level Agreement shall be resolved in accordance with the terms of the Underlying Agreement. SmarTECHS may amend this Service Level Agreement from time to time in its sole discretion.

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SmarTECHS Intelligent Assistance

Connected Workspaces for Industrial Workers | Continuous Micro-scale Cost Reduction from the Bottom-up

Amelie has 13 years of experience in industrial operations, representing a primary customer persona of SmarTECHS.

 

In her last position, she served as the plant manager SINIAT (division of ETEX), a production facility with revenues of $28 million and 115 employees working in three shifts, 24 hours and seven days per week. She achieved business goals with consistency, exceeding few historical goals for plant safety and productivity.

 

She holds an MS in Process Engineering from Mines ParisTech, one the most prestigious universities of France. She started her career as a Process Manager as EDF, the biggest electric power-generation company in France. She has held positions of Quality & Process Manager at Lafarge Group, producers of gypsum plasterboards, where she made large improvements in customer satisfaction, compliance and continuous improvement.

Most meaningful improvements in productivity and safety come from working the problem, bottom up.

Michael has a successful career in high technology of Silicon Valley spanning 35-plus years.

 

Over the course of his career his work with the world’s largest organizations has included the deployment of 200-plus large-scale enterprise IT systems, resulting in $7.5B in business impact of cost savings, productivity gains, increased revenues, and higher valuations.

 

Michael has held the position of Chief Marketing Officer in five startups.
As an adventure capitalist, he has mentored 25 early-stage startups, including five on an equity basis. He maintains a singular focus on buying enablement, using technology and global networks to assist businesses and individuals in getting full value for their purchases.

 

He has worked in sales, marketing, and strategic advisory roles with 30+ of the leading InfoTech and Telecom firms: Adobe, Apple, Autodesk, Deloitte, Ericsson, HP, IBM, InfoSys, Nokia, OpenText, Oracle, Rogers, SAP, Shaw Communications, and Videotron. He also has worked as a consulting and strategic advisory roles at leading international consumer and B2B enterprises: Amway, Boeing, Disney, E&J Gallo, Ericsson, Frank Russell Company, Gap, General Motors, FCB, Hallmark, Hasbro, IBM, Leo Burnett, Nokia, Philips, SanomaWSOY, SAP, TeliaSonera, Thomson Corporation, Time, VF Corp, Walmart, and Warner Bros.

 

Today tens of thousands of executives worldwide recognize Mr. Moon as a dynamic lecturer, a prolific writer of white papers, and master-class innovation leader. He has lectured at UC Berkeley, Stanford University, San Francisco State University, Fielding Institute, and St. Pölten University (AT).

 

Amazon reviewers gave his first book, Firebrands: Building Brand Loyalty in the Internet Age, four-and-one-half stars; published 13 languages.

The arc of my 40-year career in hitech reveals a clear pattern: seeing opportunities where others saw only fog and mobilizing like-minded individuals and organizations to seize opportunities years ahead of their peers.

Over his career of 25-plus years, John has sold over $2 Billion in software, services, and integrated systems.
He has built operational capabilities for direct and indirect (channel) sales, organized and led global cross-Industry Strategic Alliances, and supervised global account teams for delivery excellence and customer satisfaction.

 

John’s domain expertise spans mobility, analytics, software-as-a-Service (SaaS), integrated cloud and edge computing, ecosystems for the Internet of Things and connected workforces as the technologies of 5G, Augmented Reality, Artificial Intelligence, Additive (3D printing) Manufacturing, and Blockchain.

 

As a senior advisor to executive management, he has assisted CXOs and senior business leaders of Global 2000 firms in the areas of mergers and acquisitions, marketing and sales enablement, product innovation and development, IT service design and management, compliance and finance.

 

His previous customers range from High Technology to Technology-consuming Enterprises across Manufacturing and Logistics, Energy, Power Generation and Utilities, Retail and Consumer Products, Healthcare and Life Sciences, and Federal Government sectors.
John served in leadership roles at Cognizant Digital Business, Symphony Teleca (now Samsung-HARMAN Connected Solutions), ARICENT + Frog (now Altran), EMC Global Services, ADVENTIS (now Cartesian-CSMG), and Keane (now NTT DATA.)

 

John is an industrial engineering graduate from IIT Madras and earned his MBA in Finance & International Business from NYU Stern Business School and recently completed MIT Sloan School’s Executive Program.

There is no greater purpose of a company than to attract, serve, and keep profitable customers for life … and that all starts with innovation.

As the CTO and Adventure Capitalist, he brings a high-performing DevOps teams and a Web-scale industrial automation platform that supports an burgeoning array of Industry 4.0 transformations: connected workspaces, Industrial IoT device management,
machine-to-machine (M2M) and supply-chain data integrations.

 

The SmarTECHS platform leverages 850-plus engineered software objects that enable rapid same-day builds of complex software applications, notably Connected Workspaces and related business process and workflow automations.

 

Customers use its model-driven architecture to slash the cost, need for scarce developers and technical debt.

 

A finalist for the EY Entrepreneur Of The Year 2016 Award, he has earned an international reputation for kickstarting high growth-potential businesses in medical, construction, heavy industry, financial services and professional services.

More than ever, the risks of inaction far exceed the costs of failed innovations … and the best, lowest risk place to start is with frontline industrial workers.

As a global executive with 25 years of experience, he has led operation transformation at Dunlop, Carrefour, Cadbury Schweppes, Checkpoint Systems and Dorman Product and has delivered $2B-plus of economic value.

 

As a serial entrepreneur, Remy launched SmarTECHS in 2018 to exploit the emergence of industrial voice-controlled head-mounted computers and industrial cloud-computing infrastructure.

 

Remy and the team share a cynical realism for innovation and transformation: an extreme focus on bottom-up improvements arising from practical, secure and scalable business capabilities.

 

Over the course of his career, he has led the transformation of global operations and core business processes, including eSouring in 2000, ERP solution deployment, and global change-management initiatives. Most recently he managed a $250 million product portfolio of fast-growing industrial products and supervised 680 people in 28 countries.

We are a stand to provide dignity, meaning and humanity to the gray hats of industrial organizations … the front-line workers who keep the lights on.

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