1. Definitions
This Service Level Agreement forms part of the elm Terms of Service. Words defined in the elm Terms of Service shall have the same meaning when in this Service Level Agreement.
In addition, the following definitions apply:
'Platform' means the Service, as defined in the elm Terms of Service
‘Available’ means the Platform is available for access and use by you.
‘Downtime’ means any time when the Platform is not Available.
‘Scheduled Downtime’ means times where we have given you at least 1 (one) day’s notice of any Downtime.
'Monthly uptime percentage' means time Available ÷ total time in the month, excluding Scheduled Downtime, during Working Days.
2. Availability
We use our best endeavours to ensure that the Platform is Available at least 99.9% of the time in any calendar month.
Downtime will not accrue where the Platform is not Available because of:
- A cause beyond our reasonable control;
- Any Scheduled Downtime;
- A fault on your network or own equipment configuration;
- A fault or incident caused within your own infrastructures or configuration of your infrastructures causing the suspension of the Platform and/or hardware failure;
- A fault/bug in your own software such as firmware, operating system, infrastructure software or your own infrastructures or configuration of such infrastructures causing suspension of the Platform and/or hardware failure;
- Third Party network issues or suspensions including public network issues or suspensions;
- Downtime caused by you accessing the Platform over the Internet, where the downtime is directly attributable to the public network itself.
3. Service Extensions
If the Platform is not Available at least 99.9% of the time in any calendar month you are eligible to receive the Service Extensions described below as your sole and exclusive remedy.
- Below 99.9% but at least 95.0%: 1 day
- Below 95.0% but at least 90.0%: 2 days
- Below 90.0%: 3 days
In order to receive any of the Service Extensions, you must notify us in writing within thirty days from the end of the relevant month when we failed to meet our commitment.
The aggregate maximum number of Service Extensions to be issued by us to you for any and all Downtime that occurs in a single calendar month shall not exceed five (5) additional days of Service. Service Extensions may not be exchanged for, or converted to, monetary amounts.
No Service Extensions shall be due if at the date of the request you are in breach of any provision of the Terms of Service including any failure to pay any sums due.
4. Support
We shall provide regularly staffed email support during UK business hours of 9am to 5pm Monday to Friday (excluding public holidays). The contact details for general support are hello@getelm.co and we aim to respond to your request for support within 24 business hours.
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