Service Objects provides 99.999% availability of its Service Offerings with one of the industry's only financially backed service level agreements.
This Service Objects API Service Level Agreement ("SLA") governs the use of the Service Objects API under the terms of the Service Objects Master Services Agreement (the "MSA") between Service Objects, Inc. ("our", "us" or "we") and users of the Service Objects API ("you", "your" or "Customer").
The following guarantees are part of our commitment and demonstrate our willingness to stand behind our internal processes, our network and the quality of our Service Offerings, as described below. Only paying customers in good standing with recurring month-to-month or pre-paid annual accounts are eligible for Service Credits.
1. Service Commitment
Service Objects will use commercially reasonable efforts to make the Service Objects API available 100% of the time. In the event Service Objects does not meet the goal of 99.999% API availability in a given calendar month ("Monthly Uptime Percentage"), you will be eligible to receive a Service Credit as described below:
- Unavailability of less than 30 seconds, in a calendar month: no Service Credit issued.
- Unavailability equal to or greater than 30 seconds, but less than 1 hour, in a calendar month: 1 day Service Credit.
- Unavailability equal to or greater than 1 hour, but less than 2 hours, in a calendar month: 1 week Service Credit.
- Unavailability equal to or greater than 2 hours in a calendar month: 1 month Service Credit.
The following capitalized terms shall be given the meaning set forth below:
2.1 "Unavailable Time" means the Service Objects API is not available for use according to third party performance and monitoring services contracted by Service Objects at its sole discretion (the "Monitoring Service"). The Monitoring Service report of availability is currently available at /support/performance-and-up-time-reports; provided that service issues or outages relating to any Exclusions (defined below) shall not be deemed as Unavailable Time.
2.2 "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of continuous 1 minute periods during the Service Month in which the Service Objects API was in a state of "Unavailable Time" as identified by Monitoring Service.
2.3 A "Service Credit" is a dollar credit, calculated as set forth below, that Service Objects may credit back to an eligible Customer account. "Service Credit" for any Guarantee, shall mean:
- 1 day Service Credit equals one divided by the actual number of days in the month to which the Service Credit relates multiplied by your Monthly Recurring Charge for such month.
- 1 week Service Credit equals 7 divided by the actual number of days in the month to which the Service Credit relates multiplied by your Monthly Recurring Charge for such month.
- 1 month Service Credit equals 100% of your Monthly Recurring Charge for such month.
Service Credit shall be issued to Customer’s balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.
3. Credit Request and Payment Procedures
To initiate a claim for Service Credit with respect to any Guarantee, you shall submit an email entitled "Service Credit Request" within 14 days after the end of the month during or for which the event occurred which gives rise to the claim for Service Credit. The email must include (i) "SLA Claim" as the subject of the ticket; (ii) the dates and times of the Unavailable Time for which you are requesting credit; and (iii) any applicable information that documents the claimed outage. We shall acknowledge receipt of all Service Credit Requests via email no later than the next succeeding business day after such receipt and shall review all requests within 14 days after such receipt. You shall be notified via email upon resolution of the request. If your Service Credit Request is approved, we shall issue Service Credit to your account, which Service Credit shall appear on the invoice issued in the month following the month in which the Service Credit Request Form was approved.
Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Service Objects API, or any other Service Objects API performance issues, that (i) are caused by factors outside of our reasonable control, including, without limitation, any force majeure event, carrier related problems or issues, or Internet access or related problems beyond the demarcation point of us or our direct hosting subcontractors (i.e. beyond the point in the network where Service Objects maintains access and control over the our Web Services); (ii) result from any actions or inactions of Customer or any third party (other than our direct hosting subcontractor); (iii) result from Applications, equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (iv) arise from our suspension and termination of your right to use the Services in accordance with the MSA, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta, trial, partner operations not otherwise generally available to customers. (collectively, the "Exclusions").
5. Sole Remedy Service
Credit shall be your sole remedy for any failure by us to provide any of the Service Offerings, including without limitation any Unavailability. The Service Credit provided for herein is based on your compliance with the terms and conditions of the Agreement (including without limitation this Service Level Agreement), and the failure of you to comply therewith may invalidate the Guarantees provided herein. Service Credits are not cumulative. If we fail to comply with more than one Guarantee with respect to you during a calendar month, only the Guarantee producing the greatest measured Service Credit to you will be considered for the granting of Service Credit.
Last Updated: November 7, 2016