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1. Service Level Commitment During the Term for which Elevated Signals has agreed to provide a relevant Service to you, we will use commercially reasonable efforts to provide a Monthly Uptime Percentage to you of at least 99.9% (“Service Level Commitment”).
You must submit a Severity Level 1 support ticket at https://helpdesk.elevatedsignals.com/support/tickets/new within 24 hours of first becoming aware of an event that has impacted the Service availability. You must reasonably assist Elevated Signals with any problem diagnosis and resolution.
Impact Level
Definition
Level 1
Production application down or major malfunction affecting business and high number of staff
Level 2
Serious degradation of application performance or functionality
Level 3
Application issue that has a moderate impact to the business
Level 4
Issue or question with limited business impact
2. Service Credits If we confirm there is a failure to meet a Service Level Commitment in a particular calendar month and you make a request for service credit within fifteen (15) days after the end of such calendar month, you will be entitled to a credit based on (a) the monthly fees invoiced for the affected Service you have provisioned in the month experiencing such failure, if you have a monthly subscription plan or (b) 1/12 of annual fees invoiced for the affected Service you have provisioned, if you have an annual plan (“Service Credit”). To receive a Service Credit, you must submit a ticket at https://helpdesk.elevatedsignals.com/support/tickets/new with all fields fully and accurately completed, and provide any other reasonably requested information or documentation. Our monitoring and logging infrastructure is the source of truth for determining Monthly Uptime Percentage, errors and whether we have met the Service Level Commitment. All calendar months will be measured in the UTC time zone.
The Service Credit will be calculated as set forth in the Elevated Signals Service Credits Policy.
3. Exclusions You will not be entitled to a Service Credit if you are in breach of the Terms. The Service Level Commitment will not include unavailability to the extent due to:
(a) your use of the Services in a manner not authorized in the Terms or not in accordance with the applicable Documentation; (b) force majeure events or other factors outside of our reasonable control, including, without limitation, Internet access or related problems; (c) your equipment, software, network connections or other infrastructure; Your Data or Your Materials; (d) third-party equipment, apps, add-ons, software or technology (other than our agents and subcontractors); (e) routine scheduled maintenance or reasonable emergency maintenance as set forth in the Elevated Signals Maintenance Policy. No Service Level Commitment or Service Credits are provided for (x) free, proof-of-concept, beta or trial services, or (y) features excluded from the Service Level Commitment (in the applicable Documentation). (f) Slowness or other performance issues with individual features (File uploads, harvest batch, dry batch, etc.)
4. Exclusive Remedies Service Credits are your sole and exclusive remedy, and our sole and exclusive liability, for our failure to meet the Service Level Commitment.
5. Definitions All capitalized terms not otherwise defined are as set forth in the Elevated Signals Terms of Service (“Terms”). “Covered Experiences” means the listed experiences for the relevant Service set forth here. “Monthly Uptime Percentage” means 100% minus the percentage of Downtime minutes out of the total minutes in the relevant calendar month. “Downtime” occurs when any Covered Experience has an Error Rate greater than 5%. “Error Rate” means, over a given 1-minute period, the percentage of your requests to a Covered Experience resulting in an error out of your total requests to that Covered Experience. For cases in which we confirm a Covered Experience was completely inoperable or unable to receive your requests, the Error Rate for that minute is 100%. If you attempted no requests to a Covered Experience over a minute, the Error Rate is 0%.
Downtime and Monthly Uptime Percentage values are calculated independently for each relevant Service.
6. Maintenance Policy Sometimes we need to perform maintenance to keep Elevated Signals working smoothly. If scheduled downtime is necessary, we will provide at least 48 hours advance notice. Schedule downtime will not exceed 10 hours annually.
7. Service Credits Policy
Monthly Uptime Percentage
Service Credit (% of monthly fees for affected Service)
Less than 99.9% but greater than or equal to 99.0%
5%
Less than 99.0% but greater than or equal to 95.0%
