Service Level Agreement (SLA)Effective as of December 2018.
This Service Level Agreement ("SLA") is hereby incorporated into our Customer Terms of Service (the "Customer Terms") and made a part of it. Terms not defined in this SLA have the definitions set out in the Customer Terms. The remedies set out in this SLA are Customer’s sole and exclusive remedy for issues covered by the SLA. While Strigo will not modify this SLA arbitrarily, it may do so from time-to-time. Should we make a change to this SLA we will send an email notification to the email address Customer has provided to us in its account.
Strigo will make the Services available 99.90% of the time, excluding any Excused Downtime (as defined below). If we fall short of our 99.90% uptime guarantee, we will refund you in the form of “Service Credits” as detailed below.
In addition to the above, our goal is to respond to Severity Level 1 notifications presented by Customers. We have a one-hour first reaction time on emergencies (the "Error Response Goal"). The Error Response Goal is a time to acknowledge only, not a time to resolve. Service Credits will not be given should we fail to meet the Error Response Goal.
“Excused Downtime” means the length of time the Services are unavailable due to:
- Issues that resulted from any actions or inaction by you or a third-party;
- Issues that resulted from your equipment and/or third-party equipment (not within the primary control of Strigo);
- Issues that arise from our suspension or termination of your right to use Strigo in accordance with the Customer Terms;
- Scheduled Maintenance - Sometimes we need to perform maintenance to keep the Services working smoothly. If scheduled downtime is necessary, we will give you reasonable advance notice. In a calendar year, scheduled maintenance will not exceed 10 hours;
- Circumstances beyond Strigo's reasonable control and force major events, including but not limited to the following: catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.
Your next monthly invoice following any failure to meet the 99.90% uptime guarantee will include a credit for such failure. You will receive a credit of five percent of your total fee (for the month in which we failed to meet said guarantee) for each complete hour in which we fail to meet the uptime guarantee. Collectively these are referred to as “Service Credits”. Service Credits are based solely on our monitoring (i.e. Strigo's records shall be conclusive evidence of any downtime), may not exceed the total hosting fee paid by the Customer to Strigo for such month for the affected service, may not be aggregated, and will not be paid in cash. If you terminate your account with us before the Service Credit is applied, no refund or other payment will be made.
Service Credits are exclusive of any applicable taxes charged to the Customer or collected by Strigo and are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in connection with the Services.
This SLA does not relieve the Customer from the obligation to pay the Customer’s balance in full when it is due.
This SLA is subject to the Customer Terms, as may be modified from time to time. In the event of any conflict between any term or condition of this SLA and the Customer Terms, the Customer Terms shall govern and the conflicting portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties to this SLA, and the remainder of the SLA’s provisions shall remain in full force and effect.