his Service Level Agreement forms part of the GetElm 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:
‘Available’ means the Website is available for access and use by you.
‘Downtime’ means any time when the Website is not Available.
‘Scheduled Downtime’ means times where we have given you at least 1 (one) day’s notice of any Downtime.
We use our best endeavours to ensure that the Website is Available at least 99.9% of the time in any calendar month.
Downtime will not accrue where the Website 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 Website over the Internet, where the downtime is directly attributable to the public network itself.
If the Website 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.
|Monthly Uptime Percentage||Service Extensions (Days of additional access to the Platform)|
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 Customer 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 any sums due
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 firstname.lastname@example.org and we aim to respond to your request for support within 24 business hours.