Welcome to DXRX - The Diagnostic Network® ("DXRX Platform")
Unless otherwise stated, any defined terms in here shall have the meaning set out in the DXRX Terms.
1. Target Availability. Diaceutics will use commercially reasonable efforts to make the following DXRX Services available 24/7/365 with a minimum uptime of 98% (“Target Availability”):
- Data Subscriptions; and,
- Data Tools; DXRX Network Premium Services; and Tech-Enabled Services (“TES”).
Maintenance. Both scheduled maintenance (i.e., scheduled and routine at notified times) and unscheduled emergency maintenance (i.e., unscheduled as required for emergencies) shall be performed with as minimal interruption and degradation as possible in performance of the DXRX Services.
2. Exclusions. The calculation of uptime to measure Target Availability and associated downtime will not include unavailability to the extent due to:
- unauthorized use of the DXRX Service by DXRX Member;
- general internet problems, Force Majeure Events or other factors outside of Diaceutics’ reasonable control;
- DXRX Member’s equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; (e) scheduled or unscheduled emergency maintenance; or
- Malicious Code.
3. Remedy for Failure to Meet Target Availability. In respect of the relevant period applicable to the DXRX Service during which there is a verified failure of a DXRX Service to meet the Target Availability for reasons for which DXRX is responsible, DXRX Member shall be entitled to claim Service Level Credits (‘SLCs’) in respect of every full hour of unavailability provided that DXRX Member complies with this policy.
The SLCs are calculated from the time of outage until the relevant DXRX Service is available again. SLCs shall be offset against any claim for loss or damage caused by DXRX Member. This is DXRX Member’s sole and exclusive remedy, and Diaceutics’ sole and exclusive liability in respect of under performance of the guaranteed uptime Target Availability. This constitutes a genuine pre-estimate of the loss or damage suffered as a result and is not intended to operate as a penalty for Diaceutics’ non-performance. The amount of SLCs are as follows:
Data Tools; DXRX Network Premium Services; TES
98% - 100%
Service Level met
Service Level met
97% - 97.99%
Pro-rated % of the fees paid (as calculated in accordance with paragraphs 4 and 5)
1% of one-time fee paid
96% - 96.99%
2% of one-time fee paid
95% - 95.99%
3% of one-time fee paid
4% of one-time fee paid
4. Calculating (actual) Availability for DXRX Services
A: the number of hours during the year, less scheduled or unscheduled maintenance.
B: the number of hours during the year when DXRX Service is unavailable (other than during scheduled or unscheduled emergency maintenance).
Availability is calculated using the following formula expressed as a percentage:
Availability in % = ((A – B) / A) x 100
Data Subscription shall be calculated on a Data Subscription term basis e.g., monthly, annual.
Data Tools, DXRX Network Premium Services, TES shall be calculated on an annual basis.
SLCs shall be offset against any claim for loss or damage caused by the DXRX Member.
5. Calculating SLCs for Data Subscriptions
If Availability falls below the Target Availability in the relevant Data Subscription term, DXRX Member shall be entitled to submit a claim for SLCs of an amount calculated using the following formula:
(Target Availability - Availability) = X% (see paragraph 4)
Amount payable as SLCs = X% of the fees paid for that Data Subscription term
Diaceutics shall deduct an amount equal to the SLCs due from amounts to be invoiced in respect of the Data Subscription fees for the subsequent billing period. SLCs shall be aggregated and made available on an annual basis only notwithstanding a renewal term equivalent to a period of less than one (1) year. Diaceutics may provide a refund at its discretion instead of credited SLCs.
6. Calculating SLCs Data Tools; DXRX Network Premium Services; TES
If the Availability falls below the Target Availability in a 12-month period, DXRX Member shall be entitled to claim SLCs calculated on a trailing 12-month basis from the provision of access of the relevant DXRX Service of an amount calculated using the following formula:
(Target Availability - Availability) = X% (see paragraph 4) Next, check where the Availability falls against the tiered SLCs table at paragraph 3.Example: If you calculate 97.5%, then 1% of the one-time fee shall be payable as SLCs; or, if you calculate 94%, then 5% of the one-time fee shall be payable.
7. SLCs shall not be payable to the extent that:
- Diaceutics has remedied the DXRX Service impacted by any period of downtime (e.g., by providing a workaround solution) in accordance with any timeframes stipulated in an Offline Agreement;
- a refund has been made or is in process (or a credit recorded) in respect of a DXRX Service impacted by any downtime;
- DXRX Member fails to report the downtime within 60 days of the end of the calendar year to which the SLCs relate for all DXRX Services (other than for Data Subscriptions which will be within ten (10) days of the applicable Data Subscription term). You are responsible for reporting the downtime. Please evidence this using the formulas at paragraphs 3 – 6 inclusive of this policy as applicable. Submissions must be made in writing to [email protected];
- three (3) years or more has passed since the effective date of purchase of the relevant DXRX Service (excluding Data Subscriptions);
- an amount equal to 20% of the total fees paid by DXRX Member in respect of the relevant Data Subscription term applicable to your Data Subscription has been credited by way of SLCs.
8. Diaceutics offers DXRX Support Services for the DXRX Services (“Support”) in accordance with the following terms:
- Support Hours. Support is provided 9 hours per day, 5 Business Days per week, aligned with GMT, 09:00 to 18:00.
- Incident Submission and DXRX Member Cooperation. DXRX Member may report errors or abnormal behavior of any DXRX Services (“Incidents”) by contacting our DXRX Team via email at [email protected] or via the DXRX Network live chat interface. Our DXRX Security Policy provides more information about how we protect Your Content. DXRX Members will provide information and cooperation to Diaceutics as reasonably required for Diaceutics to provide Support. This includes, without limitation, providing the following information regarding the reported Incident:
- Aspects of the DXRX Service that are unavailable or are not functioning correctly.
- Incident’s impact on the DXRX Member.
- Start time of Incident.
- List of steps to reproduce Incident.
- Relevant log files or data.
- Wording of any error message.
- You may choose to stop using the DXRX Services, terminate your DXRX Membership (or your access to any DXRX Service) at any time for any reason by informing us in writing to [email protected].
- Incident Response. A member of our DXRX Team will assign a priority level (“Priority Level”) to each Incident reported and will seek to provide responses in accordance with the Target Response Times below. Hours may roll over based on Support Hours. Diaceutics shall use reasonable endeavors to resolve issues raised promptly following acknowledgement of the Incident report.
(DXRX Team: refers to our team of customer, engineering and technical support personnel available at [email protected])
Target Response Times (during Support Hours)
Priority 1 (Critical)
Classified by DXRX Team following assessment of reported issue. Operation of the DXRX Service is critically affected (not responding to requests or serving content) for a large number of DXRX Members, no workaround solution available.
Priority 2 (Urgent)
Classified by DXRX Team following assessment of reported issue. DXRX Service is responding and functional but performance is degraded, or a core function is significantly impaired, and/or Incident has potentially a severe impact on the operation of the DXRX Service for multiple DXRX Members.
1 Business Day
All other priority levels
DXRX Service is responding and functional but performance is degraded, or a core function is impaired, or a non-core function is significantly impaired, and/or Incident has potentially an impact on the operation of the DXRX Service for multiple DXRX Members but is not urgent; cosmetic or non-performance-impacting issues, which may nonetheless affect customer experience
2 Business Days
- Exclusions. Diaceutics will have no obligation to provide Support Services to the extent an Incident arises from: (a) – (f) inclusive at paragraph 2 above.
- DXRX Member’s sole and exclusive remedy for any alleged failure by Diaceutics to provide Support with reasonable skill, care and diligence following a Support request shall be re-performance of the applicable Support.