Company reserves the right to change the terms of this SLA by providing Customer with at least thirty (30) days prior written notice.
During the term of the Agreement, Company will use commercially reasonable efforts to make the Software available with a Monthly Uptime Percentage (defined below) of at least 99.9% during monthly billing cycle (the “Service Commitment“).
The following definitions apply to this SLA:
- “Downtime” or “Downtime Incident” means the time in which Software is unavailable to the Customer as measured and determined solely by Company based on its servers. Downtime Incidents shall exclude: (i) planned downtime incidents announced in-advance by Company, including without limitation, for periodic upgrade and maintenance, cyber attacks on Company’s collectors (hardware or virtual) within the Customer’s network, (ii) network disruption between a Customer’s network and the Software outside of Company’s control; (iii) Downtime Incidents that are caused by the SLA Exclusions specified below, and/or (iv) any time where Company is awaiting information from the Customer or awaiting Customer confirmation that the Software has been restored.
- “Downtime Period” means the number of minutes in a calendar month during which the Software is unavailable to the Customer due to Downtime Incident(s).
- “Monthly Uptime Percentage” means the monthly uptime expressed as a percentage, calculated based on the total number of minutes in a calendar month, minus the Downtime Period, divided by the total number of minutes in a calendar month.
Other SLA Exclusions
The SLA does not apply to any: (a) features or services excluded from the Agreement (as specified in the associated Documentation); or (b) Downtime Incidents that: (i) are explicitly excluded under this SLA; (ii) are caused by factors beyond Company’s reasonable control (e.g. any force majeure event (including but not limited to strikes, shortages, riots, insurrection, fires, flood, storms, explosions, acts of God, war, government or quasi-governmental authorities actions, acts of terrorism, earthquakes, power outages, pandemic or epidemic (or similar regional health crisis)), failure of Internet access or any public telecommunications network, shortage of adequate power or transportation facilities or any other problems beyond Company’s reasonable control etc.); (iii) results or outcomes attributable to repair, maintenance or modification of Company’s Software by persons other than Company’s authorized third parties; (iv) resulted from accident, negligence, abnormal physical or electrical stress, abnormal environmental conditions, abuse or misuse of the Company’s Software; (v) resulted from use of the Company’s Software other than in accordance with its manuals, specifications or documentation or in violation of the Agreement; (vi) resulted from Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Company’s direct control); and/or (vii) resulted from the combination of the Company’s Software with equipment or software not authorized or provided by Company or otherwise approved by Company in the Software’s manuals, specifications or documentation.
Response Time
- Business hours are as follows: Monday through Friday 8 am – 5 pm EST
- Service request: no time limits, via email/ slack
- Service request processing: within 4 business hours from request
- Resolution: Critical requests (i.e. downtime or other event that prevents Customer from accessing and using the Company’s product) within 8 business hours from service request
- Dedicated customer success representative will be assigned for each customer, available on phone upon request
