Service Level Agreement
1. We shall use commercially reasonable endeavours to ensure that our services (“the Services”) are available to you 99.5% of the time in any calendar month, except for (a) planned maintenance carried out during the maintenance window of Sunday 7.00 am to 9.00 am UK time; or (b) unscheduled maintenance performed between 9.00 am to 5.30 pm local UK time, each Business Day, provided that we have used reasonable endeavours to give you at least 2 normal business hours’ notice in advance. If they are not, you may be eligible to receive the Service Credits described below.
2. The following definitions shall apply to this Agreement:
“Downtime” is any time that the Services are not available to Authorised Users, save where the unavailability results from Scheduled Downtime or from the events set out at 1(a) or 1(b) above, and is measured using an external website availability monitoring service.
“Downtime Period” is any period of more than three consecutive minutes of Downtime. Intermittent Downtime for a period of three minutes or less will not be counted towards any Downtime Period.
“Monthly Uptime Percentage” means the total number of minutes in the calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in the calendar month, divided by the total number of minutes in the calendar month.
“Scheduled Downtime” means those times where we notify you of periods of Downtime five (5) days prior to the commencement of such Downtime. Notification may happen by email or using the our “user message” system. Scheduled Downtime is not considered Downtime for the purposes of this Schedule, and will not be counted towards any Downtime Periods.
“Service Credits” means the service credits described below
3. Service Credits may be provided as follows:
(a) One week Credit: Includes Seven (7) days of Services added to the end of your next subscription period, at no charge to you, if the Monthly Uptime Percentage for any calendar month is between 99.5% and 97.0%;
(b) Two week Credit: Includes Fourteen (14) days of Services added to the end of your next subscription period, at no charge to you, if the Monthly Uptime Percentage for any calendar month is between 97.0% and 95.0%;
(c) One month Credit: Includes Thirty (30) days of Services added to the end of your next subscription period, at no charge to you, if the Monthly Uptime Percentage for any calendar month is less than 95.0%; and
(d) Right to terminate: In the event the Monthly Uptime Percentage for any calendar month is less than 90.0%, you will have a right to terminate your subscription upon thirty (30) days’ written notice to us, or alternatively you can opt to procure the One month Credit outlined above. Any exercise of your right to termination hereunder shall be your sole remedy for any failure by us to provide the Services as a result of Downtime and shall not entitle you to a refund of any prepaid subscription fees for our services.
Customer Must Request Service Credit
4. In order to receive any of the Service Credits described above, you must notify us by email or otherwise in writing within thirty (30) days from the time you become eligible to receive a Service Credit.
Maximum Service Credit
5. The aggregate maximum number of Service Credits you can claim for any and all Downtime Periods that occur in a single calendar month shall not exceed thirty days of Services added to the end of your annual contract. Service Credits may not be exchanged for, or converted to, monetary compensation.
6. Service Credits are not available with respect to any performance issues:
(a) caused by factors outside of our reasonable control;
(b) that resulted from any actions or inactions of you or any third parties; or
(c) attributable to your equipment and/or third party equipment not within our physical control.
7. For the avoidance of doubt any unavailability of Services caused by the matters above shall not count towards downtime.
8. This policy has no application to the availability of products or applications that require local device installation.
9. This Agreement states your sole and exclusive remedy for any failure by us to provide the Services as a result of Downtime.