Service Level Agreement
API AND SDK SERVICE LEVEL AGREEMENT
This UJET API and SDK Service Level Agreement (“SLA”) governs the use of the UJET API and SDK (collectively the “Technical Services”) under the terms of the UJET Terms of Service (the “Terms”). This SLA applies separately to each account using the UJET Technical Services. Unless otherwise provided herein, this SLA is subject to the terms of the Terms and capitalized terms will have the meaning specified in the Terms. UJET reserves the right to change the terms of this SLA in accordance with the Terms.
UJET will use commercially reasonable efforts to make the UJET Technical Services available 99.95% of the time. In the event UJET does not meet the goal of 99.95% Technical Services availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit as described below.
The following capitalized terms shall be given the meaning set forth below:
“Unavailable Time” means the UJET Technical Services are not available for use according to third party performance and monitoring services contracted by UJET at its sole discretion (the “Monitoring Service”). The Monitoring Service reports of availability are currently available by contacting UJET via email@example.com. Service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of continuous 5 minute periods during the Service Month in which the UJET Technical Services were in a state of Unavailable Time as identified by Monitoring Service
“Service Credit” is a dollar credit, calculated as set forth below, that UJET may credit back to an eligible customer account:
For a calendar month where the Uptime Monthly Percentage is less than 99.95% as identified by the Monitoring Service, UJET, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit customer’s account a percentage of that month’s billings, as defined by this table:
MONTHLY UPTIME PERCENTAGE <99.95% SERVICE CREDIT 10% Service Credit shall be issued to customer’s UJET balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
Credit Request and Payment Procedures
To apply for a Service Credit, the customer must submit a ticket via firstname.lastname@example.org within 30 days of the month in which the Unavailable Time occurred. The email must include (i) “SLA Claim” as the subject of the email; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the UJET Technical Services, or any other UJET Technical Services performance issues, that (i) are caused by factors outside of UJET’s reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of UJET or its direct hosting subcontractors (i.e. beyond the point in the network where UJET maintains access and control over the UJET Service); (ii) result from any actions or inactions of Customer or any third party (other than UJET’s direct hosting subcontractor); (iii) result from applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within UJET’s direct control); or (iv) arise from UJET’s suspension and termination of Customer’s right to use the UJET Service in accordance with the Terms, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available UJET features or products (collectively, the “Exclusions”).
Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the UJET Service or other failure by us to provide the UJET Service.