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The Service Level Agreement (“SLA”) is an integrated part of the Agreement consisting of the following documents:
Terms and Conditions (“Terms”)
Service Level Agreement (“SLA”)
Data Processing Agreement (“DPA”)
Acceptable Use Policy
The SLA governs the use of the Services under the provisions of the Agreement.
Unless otherwise provided herein, this SLA is subject to the provisions of the Agreement. However, the Clauses in the SLA shall take priority over any similar provisions in the Agreement.
The following capitalized terms shall be given the meaning set forth below:
“Maintenance” means scheduled Unavailability of the Services, as announced by the Provider prior to the Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Service Credit” means a credit denominated in EURO calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” and “Unavailability” is the overall number of minutes Printix was unavailable during a calendar Month. Printix calculates unavailability using server monitoring software to measure the server-side error rate, ping test results, web server tests, TCP port tests, and website tests.
2. Service Commitment: 99.9% Uptime
The Provider will use commercially reasonable efforts to make the Services available with a monthly uptime percentage of at least 99.9% during any monthly billing cycle (the “Service Commitment”).
If the Provider does not meet the Service Commitment, the Customer will be eligible to receive a Service Credit, unless the performance issues is due to one or more of the following SLA Exclusions including, but not limited to:
- a Force Majeure Event;
- factors outside of the reasonable control of the Provider, including but not limited to internet access, or problems beyond the demarcation point of the Services;
- any actions or inactions of the Customer or any third party;
- equipment, software or other technology of the Customer or any third party (other than third party equipment within the direct control of the Provider); or
- any performed 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.
3. Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges paid by the Customer (excluding one-time payments, e.g. for training, etc.) for the monthly billing cycle in which the Unavailability occurred in accordance with the schedule below:
For Monthly Uptime Percentage less than 99.9% but equal to or greater than 99.0%, the Customer will be eligible for a 10% Service Credit.
For Monthly Uptime Percentage less than 99.0%, the Customer will be eligible for a 30% Service Credit.
Customer receives the Service Credit by The Provider offsetting any Service Credits against future payments for the Services otherwise due from the Customer.
At the Providers discretion, the Provider may issue the Service Credit to the credit card the Customer used to pay for the billing cycle in which the Unavailability occurred.
Service Credits will not entitle the Customer to any refund or other payment from the Provider.
A Service Credit will be applicable and issued only, if the credit amount for the applicable monthly billing cycle is greater than one Euro (€1 EUR).
Service Credits may not be transferred or applied to any other account.
4. Sole Remedy
Unless otherwise provided in the Agreement, the sole and exclusive remedy for any unavailability, non-performance, or other failure by the Provider to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of the SLA.
5. Credit Request and Payment Procedures
To receive a Service Credit, the Customer must submit a claim by emailing email@example.com. To be eligible, the credit request must be received by the Provider 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 handle(s); and
- logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by the Provider and is less than the Service Commitment, then the Provider will issue the Service Credit to the Customer within one billing cycle following the month in which your request is confirmed by the Provider. The failure to provide the request and other information as required above will disqualify the Customer from receiving a Service Credit.