Authenticate Staff Service Level Agreement
This Authenticate Staff Service Level Agreement ("SLA") governs the use of the Authenticate Staff under the terms of the Authenticate Staff Terms of Service (the "TOS") between Authenticate Staff, Inc. ("Authenticate Staff", "us" or "we") and users of the Authenticate Staff ("you" or "Customer"). This SLA applies separately to each account using the Authenticate Staff. Unless otherwise provided herein, this SLA is subject to the terms of the TOS and capitalized terms will have the meaning specified in the TOS. Authenticate Staff reserves the right to change the terms of this SLA in accordance with the TOS.
1. Service Commitment. Authenticate Staff will use commercially reasonable efforts to make the Authenticate Staff available 99.95% of the time. In the event Authenticate Staff does not meet the goal of 99.95% availability in a given calendar month ("Monthly Uptime Percentage"), you will be eligible to receive a Service Credit of 10%.
2. Definitions The following capitalized terms shall be given the meaning set forth below:
2.1 "Unavailable Time" means the Authenticate Staff is not available for use according to third party performance and monitoring services contracted by Authenticate Staff at its sole discretion (the "Monitoring Service"). The Monitoring Service reports of availability is currently available at Authenticatestaff.com; 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 5 minute periods during the Service Month in which the Authenticate Staff 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 Authenticate Staff may credit back to an eligible Customer account:
• For a calendar month where the Uptime Monthly Percentage, as identified by Monitoring Service, Authenticate Staff, at its sole discretion after confirming the nature and accuracy of the Unavailable Time, will credit Customer's account a percentage of that month's billings, as defined by this table:
• Service Credit shall be issued to Customer's Authenticate Staff 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 apply for a Service Credit, the customer must submit a ticket via the Account Portal within 30 days of the month in which the Unavailable Time occurred. The ticket 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.
4. Exclusions Notwithstanding anything to the contrary, no Unavailable Time shall be deemed to have occurred with respect to any unavailability, suspension or termination of the Authenticate Staff, or any other Authenticate Staff performance issues, that (i) are caused by factors outside of Authenticate Staff's 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 Authenticate Staff or its direct hosting subcontractors (i.e beyond the point in the network where Authenticate Staff maintains access and control over the Authenticate Staff Services); (ii) result from any actions or inactions of Customer or any third party (other than Authenticate Staff's 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 Authenticate Staff's direct control); or (iv) arise from Authenticate Staff's suspension and termination of Customer's right to use the Authenticate Staff Services in accordance with the TOS, (v) scheduled maintenance; or (vi) problems or issues related to alpha, beta or not otherwise generally available Authenticate Staff features or products (collectively, the "Exclusions").
5. Sole Remedy Service Credits shall be your sole and exclusive remedy for any unavailability or non-performance of the Authenticate Staff Services or other failure by us to provide the Authenticate Staff Services.
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org