This Service Level Agreement applies to and is incorporated by reference into the Terms of Service, agreed by and between Truespin Digital ("Service Provider") and the Account Holder ("Customer"). Service Provider may modify this Service Level Agreement from time to time by posting such amended Service Level Agreement to Service Provider’s site, but will provide sixty (60) days advance notice to Customer before materially reducing the benefits offered to Customer under this Service Level Agreement.
During the term of any paid subscription, Service Provider will use reasonable efforts to achieve a Monthly Uptime Percentage of at least 99.5% for any calendar month. If Service Provider does not meet the Service Provider SLA, and so long as Customer's account with us is current, Customer will be eligible to receive the credits described below. These credits are Customer’s exclusive remedy for any failure by Service Provider to meet the Service Provider SLA. Service Provider and Customer hereby agree as follows:
1. Definitions. The following definitions apply to this Addendum.
"Downtime" means the time in which any service listed above is not capable of being accessed or used by the Customer, as monitored by Service Provider. “Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
“Exclusion from Downtime” The following are not counted as Downtime for the purpose of calculating Monthly Uptime Percentage:
2. Service Credits.
Credits are issued as a financial reimbursement if Service Provider does not meet the Service Provider SLA for a particular month of the ordered term. Upon approval of a claim we will provide the applicable remedy set forth below:Monthly Uptime Percentage / Service Credit
Less than 99.5% but >= 99.2%/ 5% of the pro-rata monthly fee
Less than 99.2% but >= 99.0%/ 10% of the pro-rata monthly fee
Less than 99.0% but >= 98.7%/ 15% of the pro-rata monthly fee
Less than 98.7%/ 20% of the pro-rata monthly fee3. Claim Procedure.
To receive a service credit for a particular calendar month, Customer must submit a claim by email to the support team within 30 days of the end of the month during which the Service did not meet the Service Provider SLA, and include the following information:
4. Payment.
At the end of the paid term, the Customer will have the option to receive any credits as a monterary refund, or against the cost of the next paid term if they wish to continue using the service.