Introduction
This Event Temple Service Level Agreement (“SLA”) between Event Temple Labs Inc. (“Event Temple”, “us” or “we”) and users of the Event Temple Services (“you”) governs the use of the Event Temple Software under the provisions of the Event Temple Terms of Use (the “Terms”). Unless otherwise provided herein, this SLA is subject to the provisions of the Terms. This SLA applies separately to each of your Event Temple Licenses, as defined in the Terms.
1. Event Temple Service Commitment: 99% Uptime
Event Temple will use commercially reasonable efforts to make your Event Temple Software available with a Monthly Uptime Percentage of at least 99% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
2. Definitions
“Maintenance” means scheduled Unavailability of the Event Temple Software, as announced by us prior to the Event Temple Software becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Event Temple Software were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to Event Temple’s fault.
3. Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges due on your Event Temple 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% but equal to or greater than 90.0%, you will be eligible for a Service Credit of 2.5% of the charges attributable to the affected resources
- For Monthly Uptime Percentage less than 90%, you will be eligible for a Service Credit of 5% of the charges attributable to the affected resources
We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Event Temple. Service Credits may not be transferred or applied to any other account.
4. Sole Remedy
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
5. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by emailing info (at) event temple (dot) com. 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 words “SLA Credit Request” in the subject line;
- the dates and times of each Unavailability incident that you are claiming;
- the account username(s) and email; and
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
6. SLA Exclusions
The Service Commitment does not apply to any Unavailability:
- That results from a non-payment, or account cancellation, as described in the Terms;
- Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Event Temple network;
- That results from any actions or inactions of you or any third party;
- That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
- That results from failures of Event Temple Software not attributable to Unavailability; or
- That results from any Maintenance.
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
