1. General Performance Standards:
Beginning from the Execution Date, the Company shall use best efforts to ensure that its proprietary email service (“Flock”) operates at levels of the service levels outlined in this SLA.
2. Defined Terms
All defined terms used in this SLA and not defined in this SLA, shall have the meaning ascribed to it in the Customer Agreement agreed to between the Customer and the Company.
3. Applicable Service Levels
During the Term of the Agreement, the Company shall provide a 99.8% Monthly Uptime (defined below) of the services to the Client.
While the Company shall make best efforts to rectify all the issues in Flock Mail, the SLA commitments made under this SLA shall not be applicable to issues caused by:
4.1. the Customer using Flock in a way that is not recommended by the Company.
4.2. the Customer and/or User making unauthorized changes to the configuration or set-up of Flock Mail
4.3. Customers not using the latest version of Flock Mail.
4.4. Unsupported equipment, software, or other services.
4.5. Any reason which is beyond the control of the Company.
4.6. Hardware, software or services provided to Company by third party providers.
4.8. Network problems external to the Company’s systems which are beyond the control of the Company.
4.9. "Scheduled Downtime" to complete maintenance of the Company systems.
4.10. Force Majeure conditions.
4.11. Targeted attacks on Flock Mail by anyone.
4.12. Distributed Denial of Service attack originating from any server.
4.13. A sudden burst of requests (at least 3x greater than previously known volume for the time window) not in line with the previously known traffic patterns 4.14. Violation of fair or projected usage patterns by customers
Monthly uptime shall be the percentage of total possible minutes for which Flock Mail was available to the Customer (“Monthly Uptime”). Monthly Uptime shall be calculated by subtracting the number of downtime minutes from the total possible minutes in a given month.
6. Service Credits
In the event the Company fails to provide the Customer the Monthly Uptime guaranteed herein above, upon a claim by the Customer within thirty days of the relevant month end, the Company shall refund to the Customer
6.1. 10% of the total invoice charges for the affected month if the Monthly Uptime percentage for any calendar month is between 99.0% and 99.8%; or
6.2. 25% of the total invoice charges for the affected month if the Monthly Uptime percentage for any calendar month is between 95.0% and 99.0%; or 6.3. 50% of the total invoice charges for the affected month if the Monthly
Uptime percentage for any calendar month is less than 95.0%