§ 1 Preamble and Applicability
Under the condition that the Customer has selected and is paying for the “99.95% Guaranteed Uptime (SLA)” Pro Feature for Customer’s See to Solve LLC Instance, this Service-Level Agreement (“SLA”) between See to Solve LLC and the Customer governs the use of the See to Solve LLC software application in said See to Solve LLC Instance.
If the Customer has contracted or is using more than one See to Solve LLC Instances, the applicability of this SLA shall be evaluated separately and with regards to each of the Customer’s See to Solve LLC Instances, as defined in the Terms, and under the conditions outlined above.
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
§ 2 Service Commitment: 99.95% Uptime
See to Solve LLC will use commercially reasonable efforts to make the See to Solve LLC software application available with a Monthly Uptime Percentage of at least 99.95% during any monthly period of use (the “Service Commitment”). Subject to the See to Solve LLC Exclusions, if See to Solve LLC does not meet the Service Commitment, the Customer will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that See to Solve LLC guarantees the Customer will experience no more than 22 minutes per month of Unavailability.
§ 3 Definitions
“See to Solve LLC software application” means the then-current version of the See to Solve LLC software running on See to Solve LLC’s servers providing the Customer’s See to Solve LLC instance, in accordance with the Terms.
“Maintenance” means scheduled Unavailability of the See to Solve LLC software application, as announced by See to Solve LLC prior to the See to Solve LLC software application becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the See to Solve LLC software application were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any See to Solve LLC SLA Exclusion.
“Service Credit” means a credit denominated in USD, calculated as set forth below, that See to Solve LLC will credit back to an eligible account.
“Unavailable” and “Unavailability” mean, for the See to Solve LLC software application, when it is not running or not reachable due to See to Solve LLC’s fault.
§ 4 Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges due on the Customer’s invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
· For Monthly Uptime Percentage less than 99.95% but equal to or greater than 99.9%, the Customer will be eligible for a Service Credit of 50% of the charges attributable to the affected resources.
· For Monthly Uptime Percentage less than 99.9%, the Customer will be eligible for a Service Credit of 100% of the charges attributable to the affected resources.
For example, if the Customer has a See to Solve LLC instance that is Unavailable for 25 minutes, the Customer would be eligible for a Service Credit for 50% of that See to Solve LLC instance for the month.
See to Solve LLC will apply any Service Credits only against future payments for the Services otherwise due from the Customer. Service Credits will not entitle the Customer to any refund or other payment from See to Solve. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one USD ($1 USD). Service Credits may not be transferred or applied to any other account.
§ 5 Sole Remedy
Unless otherwise provided in the Terms, the Customer’s sole and exclusive remedy for any unavailability, non-performance, or other failure by See to Solve LLC to provide the See to Solve LLC software application is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
§ 6 Credit Request and Payment Procedures
To receive a Service Credit, the Customer must submit a claim by the email address made available on the See to Solve LLC website. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
· the dates and times of each Unavailability incident that the Customer is claiming;
· the See to Solve LLC instance domain name(s); and
· proof or documentation (full error message in verbatim, or screen shot) of the error that corroborates the claimed outage (any confidential or sensitive information in these items should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by See to Solve LLC and is less than the Service Commitment, then See to Solve LLC will issue the Service Credit to the Customer within one billing cycle following the month in which the request is confirmed by See to Solve LLC. The Customer’s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit.
§ 7 See to Solve LLC SLA Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the See to Solve LLC software application, or any other performance issue:
1. That results from a suspension or Remedial Action, as described in the Terms;
2. Caused by factors outside of See to Solve LLC’s reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the See to Solve LLC network;
3. That results from any actions or inactions of the Customer or any third party employed by the Customer;
4. That results from the equipment, software or other technology of the Customer or any employed third party (other than third party equipment within See to Solve LLC’s direct control);
5. That results from failures of the See to Solve LLC software application not attributable to Unavailability; or
6. That results from any scheduled Maintenance.
If availability is impacted by factors other than those used in See to Solve LLC’s Monthly Uptime Percentage calculation, then See to Solve LLC may issue a Service Credit considering such factors at its discretion.
See To Solve
343 Washington St #203
Newton, MA 02458