Effective: January 14, 2019
This Service Level Agreement (“SLA”) sets forth the terms and conditions under which Speed to Contact will provide service levels to Customers pursuant to the Master Subscription and License Agreement executed between Speed to Contact and Customers (the “Agreement”).
1. DEFINITIONS. The following definitions will apply to this SLA. All capitalized terms not defined in this SLA will have the meaning given them in the Agreement.
“Downtime” means any time that the Ricochet Platform is not available for access by authorized Users.
“Excused Downtime” means any Downtime that is caused by (i) Maintenance, (ii) Customer’s or authorized Users’ telecommunications, Internet, and network services, (iii) software, hardware, and services not controlled by Speed to Contact (including but not limited to third-party services used to provide the Ricochet Platform and software or websites that are accessed or linked through the Ricochet Platform), or (iv) any Force Majeure Events or other matter beyond Speed to Contact’s reasonable control.
“Maintenance” means maintenance to the Ricochet Platform: (i) that occurs during the time period that Speed to Contact or its third-party service providers reserve for scheduled maintenance, which will be non-business hours (i.e. not during 8:00 a.m. to 6:00 p.m. Pacific Time, Monday through Friday, excluding those weekdays on which any federal holidays occurs in the United States) and will not exceed four (4) hours per month; and (ii) any additional maintenance for which Speed to Contact provides Customer with at least two (2) days advance notice.
“Uptime” means any time that is not Downtime.
2. SERVICE AVAILABILITY.
2.1 Target Uptime Percentage. Speed to Contact will use commercially reasonable efforts to provide at least 99% Uptime in any calendar month (the “Target Uptime Percentage”).
2.2 Achieved Uptime Percentage. Actual Uptime percentage for each calendar month will be the quotient, expressed as (i) the total minutes potentially available for Uptime for that month minus total minutes of Downtime (other than Excused Downtime), divided by (ii) the total minutes potentially available for Uptime for that month minus any minutes of Excused Downtime (the “Achieved Uptime Percentage”).
2.3 Right to Cancel. In the event that the Achieved Uptime Percentage is less than the Target Uptime Percentage in two consecutive calendar months (a “Triggering Event”), Customer shall have the right to cancel the agreement (the “Cancellation Right”) by providing Speed to Contact written notice of such cancellation (a “Cancellation Notice”) within fourteen (14) days after the last day of the calendar month in which the Triggering Event arose (the “Triggering Month”). If Customer does not provide a Cancellation Notice within fourteen (14) days after the last day of the Triggering Month, the Cancellation Right arising with respect to the Triggering Event shall expire. Exercise of a Cancellation Right pursuant to this SLA will be Customer’s sole and exclusive remedy, and the entire liability of Speed to Contact, for any failure to achieve the Target Uptime Percentage or any breach of this SLA.
3. CUSTOMER SUPPORT.
3.1 Customer Support Hours. Speed to Contact’s standard customer support hours are Monday through Friday (excluding U.S. federal holidays) from 6:00 a.m. to 6:00 p.m. Pacific Standard Time.
3.2 Customer Support Contact Options. Customers may reach Speed to Contact for customer support through the following channels:
Email: [email protected]icochet360.com
Ricochet360 Service Level Agreement – v1 – 1.14.2019