Statement                    

TrackerHero’s products and services are provided by Ultrack Technology Sdn Bhd.

Service Level Agreement

  1. Agreement Overview

This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between Ultrack Technology Sdn Bhd and our clients for the provisioning of IT services required to support and sustain the product or service.

This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders. This Agreement outlines the parameters of all IT services covered as they are mutually understood by the primary stakeholders. This Agreement does not supersede current processes and procedures unless explicitly stated herein.

Definitions

“We”/”Us”/”Our”/”TrackerHero” means Ultrack Technology Sdn. Bhd. (1186600-D) of  B-2-5, CoPlace 2, 2260 Jalan Usahawan 1, 63000, Cyberjaya, Selangor, Malaysia and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/”Your”/”Yourself”/”User”/”Customer” means the user of the Website and/or customer of the Services.

“Services” means any services offered by Ultrack Technology Sdn Bhd. on its Website including but not limited to cloud application deployment, management and infrastructure management – commonly referred to as the ‘TrackerHero Platform’.

Ultrack Technology Sdn Bhd. strives to provide a high-quality service and backs it up with a comprehensive Service Level Agreement. This SLA is an integral part of your agreement with us. By accessing or using our Products, you are agreeing to be bound by these Terms and by our Privacy Policy.

Ultrack Technology Sdn Bhd. may make changes to the Service Level Agreement from time to time. When these changes are made, Ultrack Technology Sdn. Bhd. will make a new copy of the Service Level Agreement available at here

  1. Using TrackerHero Service

You may use our Product only if you can form a binding contract with TrackerHero, and only in compliance with these Terms and all applicable laws. When you purchase your TrackerHero product, you must provide us with accurate and complete information

If you open an account on behalf of a company, organisation or other entity, then (a) “you” includes you an that entity, and (b) you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

Some of our Products may be software that is downloaded to your computer, phone, tablet or other devices. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

  1. Standard Level of Service

TrackerHero’ goal is to try and ensure that our services are available to Customers twenty-four hours a day, seven days per week, and three hundred sixty-five days per year (Service Availability). TrackerHero is committed to providing a 99% SLA uptime and services.

Availability% Downtime per year Downtime per month* Downtime per week
90% 36.5 Days 72 Hours 16.8 Hours
95% 18.25 days 36 hours 8.4 hours
98% 7.30 days 14.4 hours 3.36 hours
99% 3.65 days 7.20 hours 1.68 hours

You can oversee the system status by clicking this link.

Please note that Service Availability refers to TrackerHero Platform and related services and in no case, we are guaranteeing here the Service Availability of our Partner Providers (Third party SLAs).

  1. Service Management

TrackerHero offers two standard support options

  1. Support Desk System (Telephone Support)

Support Desk System is intended to provide an interactive method to request and receive basic information and troubleshooting assistance on a first-come, first-served basis.

  1. Email Support System

For longer, more complex issues requiring in-depth troubleshooting, our Support Desk System will be creating a ticket with all information provided during the chat session to be followed up by our senior engineers via our Email Ticket.

In support of services outlined in this Agreement, the Service Provider will respond to service-related incidents and/or requests submitted by the Customer within the following time frames:

  • 0-8 hours (during business hours) for issues classified as High priority.
  • Within 5 working days for issues classified as Normal priority.

High Priority tickets must be related to events that render Customers’ infrastructure and/or services unusable/inaccessible. Other types of events rated as High Priority by Customers and that don’t match this description will be demoted to Normal Priority by Ultrack Technology Sdn Bhd.’s personnel and treated accordingly.

TrackerHero also offers onsite support assistance on a certain commercial package. Onsite assistance is guaranteed within 48 hours during the business week within Klang Valley, Malaysia operation.

  1. Security

We care about the security of our users. While we work with utmost diligence to protect the security of your information and account, TrackerHero’s service cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Third-party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by TrackerHero. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from TrackerHero, you do so at your own risk and you agree that TrackerHero will have no liability arising from your use of or access to any third-party website, service, or content.

  1. Indemnity

If you use our Products for illegal reasons prohibited by the Law and/or in violation of our service, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless TrackerHero  and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to use of our Products, (b) your location information, or (c) your breach of any of these Terms.

Disclaimers

The Product and all included content and services are provided on an “as is” basis without warranty of any kind, whether expressed or implied unless otherwise stated.

TRACKERHERO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACKERHERO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) MISUSE OF OUR PRODUCTS AS DEFINED IN OUR TERMS AND THE LAW AS DETERMINED IN OUR SOLE AND ABSOLUTE DISCRETION; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TRACKERHERO’S AGGREGATE LIABILITY EXCEED ONE HUNDRED MALAYSIAN RINGGIT (RM100.00).

  1. Governing Law and Jurisdiction

These Terms shall be governed by the laws of Malaysia, without respect to its conflict of law principles. Our Products are controlled and operated from Malaysia, and we make no representations that they are appropriate and or available for use in other locations.

  1. Termination

TrackerHero may terminate or suspend this license at any time, with or without cause or notice to you. Your payment will be pro-rated and returned to you upon such termination.

  1. General Terms

Notification Procedures and changes to these Terms.
TrackerHero reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by TrackerHero without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability.
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with TrackerHero in connection with the Products, shall constitute the entire agreement between you and TrackerHero concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TrackerHero ’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.